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12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh1Engineering Practice ( )Professional Status in ( )India/Bharat/() A Talk in relevance to ( ) Role of ( ) Chartered Engineer (India)[ ()]

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12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh2ForewardEngineering term is very widely used, without elaborating any boundDevelopment of world has been continuing for long centuries/milleniumsWhen this term Engineering did not exist, development then also, continuedExamples are development during Ramayana & Mahabharata eraShri Vishwakarma has been understood spiritually, to be first maker for developmentEngineering has started its birth, only due to considerable degree of scientific evolution & values derived from state of art applied sciencesSystems existed prior to understanding by human being, due to fact that nature is perfect engineer, perfect designer, perfect architect & perfect doctorIt is not easy to understand what nature declares, since nature works on complete & perfect designs, which preliminarily, cannot be conceived by human beingArchitecture is described as an art, to bring on to paper, minds & souls imaginationsEngineering is understood to be a combination of arts & science, since it radiates globally, drawing its spectrum from all applied sciences fieldsApplied science brings in an extremely, significant systems based, devised world into further broader world of EngineeringEngineering cannot be worked out, without involving applied sciences to deliver productsTherefore, it is too formal only, to constitute Engineering into a term Profession, since profession term is limited to an extent, its virtual applications are concernedAs a part of an art, what an Engineer thinks, is off Engineering profession, since Engineering is based upon systems only, while imagination being necessary for creation of art, cannot be provenIt is for deliberation purpose only, valid that Engineering requires to be defined, within ambit of law, so that works may be carried out, under defined safe & sustainable controls

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh3IndexChapters Included in this TalkProject Stakeholders /Slide 4Legal status of entities /Slide 5Major statutes involved on projects /Slide 6Laws usable by engineers /Slide 7Engineer/s registration /Slide 8Her Majesty's Prerogative Powers /Slide 9Initiation of Institution of Engineers (India)/A brief past /Slide 10Brief about charters- /another presentation 3-IEI PresentationLetterPatentsRoyalCharter1860-3HIghCourts.pptxIEI Royal Charter 1935, deliberation in details /Slide 11-55India/Bharat Savidhan/Constitutional relevance to IEI charter 1935 /Slide 56-74IEI Charter Relevance to Indian Evidence Act /Slide 75-79IEI Charter Relevance to Indian Panel Code 1860/Slide 80-91Conclusions on deliberations /Slide 92-93Government of India Notifications pertinent Chartered Engineers Certifications-/another word filePresentation Ends-Thanks/Slide 94-96

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12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh4General Explanations for common reference Project stakeholdersInvolved parties on project often areOwner/promoter/builder/end userEngineer/Architect/Other professional engineersContractor expert on demanded project deliveriesWhat is an Engineer by definition on an international basis on professional contracts?Answer is simple & should be responded to, by including indicative following elaborationEngineer means an engineering qualified & competent professional, legally, authorised to conduct or carry our engineering activities required within profession, prosecutable both in office as well as, in field of operationsResponsibilities that are often entrusted on Engineer in professionCharting out feasibility studies pertinent, whatever scheme to be projected on deskCharting out cost budgetary requirements, expendable on proposed or conceived scheme or planCharting out FEED requirements, FEED means Front End Engineering DesignCharting out project schematic & development drawingsCharting out project drawings & documents, required for obtaining statutory permits, under relevant statutesCharting out design & working operational drawings or shop drawingsCharting out necessary bid/s or tender documents for awarding contracts, which may be lump sum EPC or C only, depending on owners requirement or general conventionScrutinizing received bids both Technical & Commercial, by owner or directly, by Engineer on behalf of ownerRecommend to award best bid, based on merits drawn from Technical & Commercial bidsSuperintend/Supervise/Control, as designated Contract Engineer all activities whatsoever, to be delivered by constructor, after prosecution of project activities included within scheme in all respectsSuperintend/Supervision includes, ensuring quality & quantity compliance, as demanded on bid documents whatsoever, without any concealed concession or with contractually, agreed concessionClosing contract & taking over from contractor, with discharging contractor from prosecution responsibilityDelivering completed contract of project to owner or promoter or end userStatus of Project changes to status of OperationJob of Engineer ends at this stage from Project viewpoint

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh5Legal status of entities, bodies, organizations, agencies etc.In India/Bharat, following status, pertinent entities or bodies is acceptableConstitutional statusAuthorities defined or named within Constitution of India, such as President, Vice president, Parliament Speakers, Chief Justice of India, Prime Minister, CAG, Election Commission, Attorney General etc. Chartered statusIndian Old Law Ministry was chartered in 1833, pre independence, not applicable nowThe Institution of Engineers (India) was chartered in 1935, still existing & functioningStatutory statusWhatever body or agency, that has been established & constituted by, whatever specific Act, which Act, legislated by, either Parliament or State Assembly, such as namely Bar Council, Medical council, Development Authorities, Municipalities by name, Police etc.Registered statusWhatever body or agency, that has been established privately, by forming & constituting associations or societies, duly registered, under provisions of Societies Act 1860 or others, entities, such as registered under companies Act etc.Non registered statusAll other bodies or persons constituting body whatsoever, are under unregistered categoryPersonal statusCarry out any activity under personal involvement, without being registered anywhere

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh6Major Statutes that are involved on projects beingLand acquisition statute for Green Field schemesLand development statute for Green Field schemesInstitution of Engineers (India) Charter 1935 for Regulation of Engineers & Engineering profession, by Authorizing Engineers as well as, directing engineering professionArchitects Act 1972 for regulation of architects & directing its professionIndian Contract Act for formulating & constitution of contracts, including incorporation of FIDIC standards into Contract bodySafety, health & environment regulations for public & individual safety i/c OSHAQuality regulations for delivering, quality system managed product whatsoeverMaintenance of peace on project regulations, avoiding site general disputesAll relevant National engineering codes & also, International engineering codesWarrantees & Guarantees regulations for long term & expansive items use, to be includedRelevant bye laws & regulations for related project activity requirementService Tax Act & VAT Regulations for ST, recoverable from Engineers & ContractorsAll Acts related to workforce, including all subcontractors workforceBank Regulations for bid bond, performance bond & budget/finance management etc.Indian Arbitration & Reconciliation Act 1996 for resolution of disputes & Disputes Adjudication Board management in line to FIDIC, an international body for standardising contract agreementsIndian Evidence Act for charting fit/ perfect documentsMunicipal Acts for application of management, respecting required statutory permitsDevelopment Authority Act, Urban Arts Commission, Environment related Acts, ASI, Fire, & others, for application of complete management, respecting required permits, indicatively, in all, 64 official approval windows for major Megha projects (ref TV debate by some expert)Foregoing references have just been included for information

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh7Laws applicable pertinent, & usable by Engineers, in India/Bharat to conduct professional practiceInstitution of Engineers (India) Royal Charter 1935Service tax ActContract ActContract related bonds regulationsSHE regulationsFire protection regulationsQuality procedures national & international regulationsBuilding bye laws & regulationsAll relevant national codesRelevant International codes, whereto national codes do not respond adequatelyEquipment manufacturing regulations Labour related regulations

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh8Engineers Registration For purpose of regulation of practicing engineers, in particular respecting civil engineers, a convention has been surviving for many decades in almost every state in India/ Bharat that municipalities conduct certain documentation for granting licenses to engineers on an yearly basisIt is regretted that such registering practice has not been based on/or supported by certain competently, defined statutory authorized procedure at allUrban development authorities including municipalities, that draw relevant powers of implementation of respective schemes from Constitution of India, Article 243W, Schedule 12, Power/Charter of Municipalities, do or effect, all such irregular engineers registrations under an arbitrary applied bye lawSchedule 12, enshrined within Constitution of India does not anywhere, on its list, either provide or suggest or direct, inclusive mandate for control of Engineering profession/professionals registration/regulation or relevant invested trust on such constitutional & statutory agencies or bodies, meant for urban maintenance/developmentUnfortunately, all such authorities do condone other rightful national provisions on statute such as IEI Royal Charter, which had been ordered by UK rulers in 1935, with an objective to mandate to control & regulate Practice of Engineering in India through IEI empowermentThis charter authorises its corporate members to practice as engineering professionals in description entitling Chartered Engineer (India) in reference to corporate membershipA brief explanation pertinent that charter has been included herein for your appraisalIEI Charter deliberation in details pertinent its presents/articles, now follows hereinafter

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh9Her Majesty's Prerogative Powersby Scott Thompson Printed in American Almanac, August 25, 1997.Idea of a ``constitutional monarchy'' is a myth. All that exists are ``oaths of allegiance'' to monarch. Without need for parliamentary authority, Queen Elizabeth has Royal Prerogative Powers. Following partial list of those powers is from authoritative Burke's Peerage and Baronetage: Queen alone may declare war at her pleasure; as commander-in-chief, Queen may choose and appoint all commanders and officers by land, sea, and air; Queen may convoke, adjourn, remove, and dissolve Parliament; Queen may dismiss prime minister and choose, whom she will as replacement; Queen can choose and appoint all judges, councillors, officers of state, magistrates; Queen can choose and appoint all archbishops (including Archbishop of Canterbury, who is primus inter pares in Anglican Communion), bishops, and high ecclesiastical dignitaries; as ``Sovereign is first in honor, dignity and in power--and seat and fountain of all three,'' Queen may bestow all public honors, including creating a peerage for membership in House of Lords or bestowing an order of chivalry; Queen alone may conclude treaties; Queen may initiate criminal proceedings, and she alone can bestow a pardon. Some of these powers are exercised on advice of cabinet ministers or others, and principal vehicle through which Queen receives such advice--apart from weekly or more frequent meetings with prime minister--is through a body known as Privy Council. The Privy CouncilAccording to Privy Council's own public documents, there are 390 members of Council, who are appointed for life. Privy Council serves as a vehicle for Queen's use of her Prerogative Powers, because it is a council with representatives from all branches of Venetian oligarchy, including: peers from House of Lords, prime minister, Law Lords, all cabinet officers, leaders of Loyal Opposition in Parliament, prominent individuals in City of London, and leading members of established Anglican Communion. Privy Council is above Parliament, including House of Lords, because of Queen's Prerogative Powers. However, Privy Council not only serves as a vehicle for exercise of Queen's Prerogative Powers, but its offices also enact statutory powers delegated by various Acts of Parliament. It has its own Order of Precedence, which begins with HRH Prince Philip, Duke of Edinburgh, KG, KT, OM, GBE; then, HRH Prince Charles, Prince of Wales, KG, KT GCB; next come George Leonard Carey, Archbishop of Canterbury, and Lord High Chancellor Lord Mackey of Clashfern; and finally arriving at [former] Prime Minister and First Lord of the Treasury John Major, and, very far down the list, Labour Party leader [now Prime Minister] Anthony Charles Lynton Blair. The fact that Tony Blair was made a member of the Privy Council on July 27, 1994, helps explain why there is not a dime's worth of difference between his policies and those of Tory Prime Minister Major or his predecessor, Lady Margaret Thatcher. As Blair's factional opponent in Labour, Anthony Wedgwood Benn, revealed, based upon personal experience: All members of the Privy Council must take an oath of allegiance to uphold the Queen and her actions. Such oaths are the basis of the myth that the British Empire represents a ``constitutional monarchy.'' The Privy Council also has statutory powers that have been conferred by a variety of enactments, and they are exercised either by ``Orders in Council'' (i.e., by the sovereign in Council) or by ``Orders of Council'' (i.e., by the Lords of the Privy Council).

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh10Initiation of Institution of Engineers (India) / A brief past Consequent upon Industrial Commission report, an institution was established to serve engineering profession in India in 1920, now named by title The Institution of Engineers (India) registered under then Indian Companies Act Its general objectives had been to initiate, apply, promote & advance engineering for industrial development throughout India, so as to achieve target for national development accomplishmentInstitution performed to carry out its obligations successfully, while commenced with conducting examination respecting IEI [section A & section B pass certification] for students to achieve [equivalent Bachelor degree in engineering], by process of students appearing in & passing, to lead to designated AMIE(corporate membership), IEI section A & B examination/an informal engineering bachelor degree equivalent, effective 1928 & has still been continuing this educational activity, since thenLater, institution moved a Petition for obtaining a Royal Charter of incorporation on HM King, George fifth, for grant of a Royal Charter of IncorporationA Royal Charter of Incorporation was then approved & granted to IEI, then existing institution in 1935, which Royal Charter enacted IEI on Royal List Since then this institution has been functioning under Charter Statute mandated by on Royal Charter of its Incorporation 1935 by Title of Charter The Institution of Engineers (India) Charter 1935There has been issued no further order or notification, either amendment or modification or repeal or abrogation or destruction or deferment or suspension or abeyance order, pertinent this Royal Charter, since its coming into force in India / BharatFact remains that The Institution of Engineers (India) Charter 1935 is still in force of a law in India/Bharat, which should be considered accordingly, by everyone & all citizens

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12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh12

Engineering Profession in India/BharatTHE INSTITUTION OF ENGINEERS (INDIA)IEI & itsROYAL CHARTER 1935Conference on Equivalent Statutory/Chartered Title Chartered Engineer (India)Its relevance to Laws in India/Bharat

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(Deliberation on IEI Charter 1935) QuoteTHE INSTITUTION OF ENGINEERS (INDIA)ROYAL CHARTERAT THE COURT AT BUCKINGHAM PALACE,The 13th day of August 1935PRESENT,THE KINGS MOST EXCELLENT MAJESTYIN COUNCILWHEREAS there was this day, read at the Board a Report ofa Committee of the Lords of His Majestys Most Honourable PrivyCouncil, dated the 1st day of August, 1935, in the words following, viz.CommentsReference to Order in Council respecting IEI Charter 193512-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh14

IEI CharterYOUR MAJESTY, having been pleased, by Your Order of the 21st day of February, 1935, to refer unto this Committee The humble Petition of Sir Thomas Guthrie Russell, President of the Institution of Engineers (India) and others, praying for the grant of a Charter of Incorporation to the said Institution :CommentsReporting Reference to Order in Council respecting IEI Charter 1935

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IEI CharterTHE LORDS OF THE COMMITTEE, in obedience to YourMajestys said Order of Reference, have taken the said Petition into consideration, and do this day, agree humbly to report, as their opinion, to Your Majesty, that a Charter may be granted by Your Majesty in terms of the Draft hereunto annexed.12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh16

IEI CharterHIS MAJESTY, having taken into consideration the saidReport, and the Draft Charter accompanying it, was pleased, by and with the advice of His Privy Council, to approve thereof, and to order,as it is hereby ordered, that the Most Honourable the Marquess of Zetland, one of His Majestys Principal Secretaries of State, do cause a Warrant to be prepared for His Majestys Royal Signature, for passing under the Great Seal a Charter in conformity with the said Draft, which is hereunto annexed Comments- IEI Charter Act approval by HM The King of Empire & colonies including then India

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IEI CharterGeorge the Fifth, by the Grace of God of Great Britain, Ireland and the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India.To all to whom these Presents shall come, Greeting!Whereas the Association or Institution incorporated under theIndian Companies Act, 1913, and known as the Institution of Engineers (India) hath petitioned Us for a Charter of Incorporationsuch as, is in, and by these Presents granted :AND WHEREAS, We are minded to comply with the prayer of such Petition :12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh18

IEI CharterNOW THEREFORE, We by virtue of Our Royal Prerogativein that behalf, and of all other powers enabling Us so to do, of Ourspecial grace, certain knowledge and mere motion do hereby, for Us,Our Heirs and Successors, will, grant, direct, appoint and declare as follows :12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh19

1.IEI Charter Present/Article 1The Persons, now Members of the said Association or Institution, known as the Institution of Engineers (India) and all such persons, as may hereafter become Members of the Body Corporate, hereby constituted pursuant to or by virtue of the powers granted by these Presents, and their Successors, shall for ever hereafter (so long as they shall continue to be such Members) be by virtue of these Presents one Body Corporate and Politic by the name of The Institution of Engineers (India) and by the same name shall have perpetual succession and a Common Seal, with power to break, alter and make a new, the said Seal from time to time at their will and pleasure, and by the same name shall and may sue and be sued in all Courts, and in all manners of actions and suits, and shall have power to do all other matters and things, incidental or appertaining to a Body Corporate, including power to take an hold personal property and power to purchase, take on lease and hold lands, tenements or hereditaments or any interest in any lands, tenaments or hereditaments whatsoever in Our Indian Empire for the purposes of the Institution and power to sell, let on lease, alienate, or otherwise dispose of the same or any part thereofComments- IEI is a body corporate & politic by IEI chartered constitutionWhat is BODY POLITIC? A term applied to a corporation, which is usually designated as a body corporate & politic. Term is particularly, appropriate to a public corporation invested with powers & duties of government. Term is often, used in a rather loose way to designate state or nation or sovereign power or government of a country or municipality, without distinctly, connoting any express & individual corporate character http://thelawdictionary.org/body-politic/#ixzz2kvCCdIs2

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IEI Charter Present/Article 2The 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 Comments- objective of IEI & its constitution defined on Charter12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh21

IEI Charter (a) To promote and advance the science, practice and business of Engineering in all its branches (hereinafter referred to as Engineering) in India.Comments- Business of engineering includes all activities within profession, including applications pertinent total/complete engineering & its products trade, managing relevant all controls, schemes, planning/s, designs, contracts, bids management, works prosecution, quality, safety, claims, completion, arbitration etc. whatsoever, requirement, it would be demanded on whatever project12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh22

IEI Charter(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 Institution12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh23

IEI Charter(c) To diffuse among its members information on all mattersaffecting 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 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.Comments- models, designs & drawings being part in engineering, while others, being research & innovation12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh24

IEI Charter(d) To promote the study of Engineering with a view to disseminate the information obtained for facilitating thescientific and economic development of Engineering in India.Comments- IEI is obliged to contribute to scientific & economic development in India 12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh25

IEI Charter(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.Comments- IEI entrusted with to give total advice to GOI on engineering education system12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh26

IEI Charter(f) To encourage, regulate and elevate the technical andgeneral knowledge of persons engaged in or about toengage in Engineering or in any employment manual or otherwise in connection therewith and with a view thereto to provide for 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 grantcertificates of competency whether under any Act of the Government of India or Local Governments regulating the conduct and qualifications of Engineers or otherwise howsoever.Comments- Official certifications respecting engineers competency authorization has been mandated to IEI under IEI Charter, which is a statutory function covered as authority12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh27

IEI Charter(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.

Comments- IEI should be utilized by all constitutional & statutory bodies/ agencies for relevant issues, but regretfully, that state of affair has been in doldrum so far, since everybody ignored or condoned IEI obligations & its statutory relevance12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh28

IEI Charter(h) To encourage inventions andinvestigate and make known their nature and merits.Comments- too significant part on IEI Charter for applied scientific development in India 12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh29

IEI Charter(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.Comments- Contract formats based on equality basis, lead to no disputes or to least disputes, while Arbitration/Conciliation route minimises litigation time12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh30

IEI Charter(j) To promote efficiency and just and honourable dealing and to suppress malpractice in engineering.

Comments- Corporate Member/Chartered Engineer has to work on efficient basisMust deal with honour & with engineering justiceMust combat corruption at all costs12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh31

IEI Charter(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.Comments- IEI has been charted to work out procedures & policies, so as to achieve chartered objectives, which means constitution of application of engineering regulation that comes under IEI ambit by virtue of IEI Charter mandate, empowering IEI as such, so to do, to constitute engineering regulationsIEI got mandate to regulate engineers registration/ recognition, respecting relevant competencies & defining limitations on permits respecting such competenciesIEI has also, been chartered to regulate requirements for conducting professional practice & respective all other limitsGovernment agencies/bodies should refer such issues to IEI for reference12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh32

IEI Charter Present/Article 3With a view to the better attainment of the objects of the Institution, the Institution shall use its best endeavours to arrange (in so far as not already arranged) the sub-division of India into areas and the establishment of local centres for the members and others of the attached to the Institution, who reside or are occupied in those areas and shall from time to time, prescribe and when desirable, alter the boundaries of such areas, which shall be regulated in such manner as the Bye Laws for the time being of the Institution shall prescribe.Comments- IEI has already been operating foregoing provisionsAll such centres have been excellently, successful obliging to comply with IEI Chartered requirements to promote engineering & its business12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh33

IEI Charter Present/Article 4The Institution shall not carry on any trade or business or engage in any transaction with a view to the pecuniary gain or profit of the Members thereof. No Member shall have any personal claim on any property of the Institution and no part of the income or property of the Institution shall be paid or transferred directly or indirectly by way of dividend or bonus or otherwise howsoever by way of profit to the Members of the Institution except in the case of and as a salaried officer of the Institution.Comment- IEI is a public authority constituted by incorporation of members, who work in field under authority from IEI Charter to dispose obligationsNo IEI funds are shared by any corporate member12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh34

IEI Charter Present/Article 5There shall be a Council of the Institution consisting of such number of members, with such qualifications, and to be elected or constituted as such Members of Council in such manner, and to hold office for such period, and on such terms as to re-election and otherwise, as the Bye-laws for the time being of the Institution shall direct

Comments-IEI council governs over provisions of Charter, bye laws & regulations in all affairs12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh35

IEI Charter Present/Article 6Unless and until the Bye-laws for the time being of theInstitution shall otherwise direct (a) The Council at their last meeting prior to the annualgeneral meeting of the Institution in each year shall elect from among their number a President for the ensuing year, and the President so elected shall enter into his office at that ensuing annual general meeting and shall be ex-officio a member of the Council for the ensuing year;(b) Of the members of the Council of the Institution, otherthan the President, such number as shall coincide with the total number of local centres for the time being of the Institution shall be Vice-Presidents, and the said Vice Presidents shall be the respective Chairmen for the time being of the several local centres of the Institution12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh36

IEI Charter Present/Article 7 The first President of the Institution shall be Colonel Sir Thomas Guthrie Russell, and the first Vice Presidents shall be Lieutenant Colonel Alexander Irving Sleigh, V.D., Norman Bruce Macbeth, Rao Bahadur Carnapati Vencata Krishnaswamy Chetty,Alexander Fordyce Harvey and Khan Bahadur Mohammad Abdul Aziz.Note- Names pertinent defined members/petitioners have been omitted on this slide for brevity12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh37

IEI CharterThe said President, Vice Presidents and Members of the Council shall respectively hold office as such until the due election and coming into office of their successors in accordance with the Bye-laws of the Institution, but shall be respectively eligible, subject to such Bye-laws, for re-election if otherwise qualified.CommentsFormal procedures respecting holding of IEI offices, defined within charter, in line to provisions on Charter & bye laws 12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh38

IEI Charter Present/Article 8The Institution shall have such Officers, with such functions, tenure and terms of office as the Bye-laws of the Institution may prescribe, and such other Officers and Servants as the Council of the Institution may from time to time appoint. The first Secretary of the Institution shall be Chaitanya Chand Seal.Comments Directions about terms of holding IEI office bearers as well as regular employeesAlso, first secretary named therein12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh39

IEI Charter Present/Article 9The Government and Control of the Institution and its affairs shall be vested in the Council subject to the provisions of these Presents and to the Bye-laws for the time being of the Institution.The business of the Council shall be conducted in such manner as the Council may from time to time prescribeComments- IEI Council is IEI functional government for conducting its controls12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh40

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IEI Charter Present/Article 10All the powers of the Institution shall be vested in and exercisable by the Council except, so far as the same are by thesePresents or by the Bye-laws for the time being of the Institution, expressly required to be exercised by the Institution in general meetingComments- IEI councils reports about all its affairs to IEI General body in AGM12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh41

IEI Charter Present/Article 11Unless and until the Bye-laws of the Institution shallotherwise provide, there shall be five classes of Members of the Institution termed respectively Honorary Life Members, Honorary Members, Members, Associate Members and Companions, of whom the Members and Associate Members shall be known as Corporate Members and Honorary Life Members, Honorary Members and Companions shall be known asNon-corporate Members.The Members of the said existing Association or Institution known as the Institution of Engineers (India), who by virtue of these Presents, become Members of the Institution shall be deemed to have entered the Institution, as Members of the same class, as that to which they belonged in the said existing Association or Institution.CommentsCharter defines various classes of membership, IEI would enrol or register at its initiation as chartered body, which membership classes may be amended, added or modified to meet future requirements, to be effected by IEI council & general body of IEI12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh42

IEI Charter Present/Article 12Unless and until, the Bye-laws of the Institution shall otherwise provide,the Institution may attach to itself students, associates and subscribers, which expressions shall have the meanings respectively, assigned to them by the Articles of Association and Bye-laws of the existing Association or Institution, known as the Institution of Engineers (India). The students, associates and subscribers, attached to the said existing Association or Institution shall be deemed to be attached similarly, to the Institution.CommentsCharter explicitly defines, respecting students & associates to be attached to IEI for informal engineering studies12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh43

IEI Charter Present/Article 13The qualifications, method and terms of admission, privileges, and obligations, including liability to expulsion orsuspension of Members of each of the said five classes respectively shall be such as the Bye-laws for the time being of the Institution shall direct.CommentsIEI Charter empowers IEI to define criteria pertinent admissions & expulsion to various membership classes 12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh44

IEI Charter Present/Article 14The Council shall alone have power to decide conclusively, respecting each person proposed for or seeking admission to any class of membership of the Institution, whether he has or has not fulfilled, such conditions, as are applicable to his case.CommentsIEI Charter empowers council to adjudicate decision on election of membership to IEI, in line to meeting IEI defined criteria12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh45

IEI Charter Present/Article 15A Member of the Institution shall be entitled to theexclusive use after his name of the abbreviated designationM.I.E.(Ind.); an Associate Member of the abbreviated designation A.M.I.E. (Ind.); a Companion of the abbreviated designation Comp.I.E. (Ind.); an Honorary Life Member of the abbreviated designationHon. Life M.I.E. (Ind.); and an Honorary Member of the abbreviated designation Hon. M.I.E. (Ind.).Comment- An exclusive use of designation is significant herein, which does not require any member using any academic / education qualification after name, but IEI designation alone / exclusivelyFIE (Ind.) grade added later by operation of bye laws amendment 1974Professional Engineer (India) elite certification ,added later in 1995International Professional Engineer (India) elite certification, empowered by international agreement IPEA around 2010/201112-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh46

IEI Charter Present/Article 16Every person being at any time,a Corporate member of the Institutionmay so long as he shall be a Corporate Member take or use the name or title of Chartered Engineer (India)Comments- Presently, to become whatever grade Chartered Engineer, an applicant requires to be on roll, as life corporate member of IEIAll corporate members, namely AMIE/MIE/FIE are authorized to use style & title Chartered Engineer (India) as criteria defined aboveUse of this title is drawn from enshrined power within IEI, post 1947 deemed Presidential Charter, since HE President of India has replaced HM Royal King of UK12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh47

IEI Charter Present/Article 17The meetings of the Institution shall be of such classes and shall be held for such purposes, as may from time to time, be prescribed by the Bye-laws of the Institution and the rights of the several classes of members and of persons attached to the Institution of attending and voting at the said meetings shall be such or subject to such restrictions, as may be so prescribed.Comments- Meetings are conducted by all centres as well as, by head office regularly, to meet & effect required IEI management purpose, as defined within IEI Charter12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh48

IEI Charter Present/Article 18The Corporate Members or the majority of such Members, present in person or by proxy and voting at any duly convened General Meeting of the Corporate Members, with respect to which, notice shall have been given of the matters to be taken into consideration thereat, shall have power from time to time to makesuch Bye-laws of the Institution, as to them shall seem requisite and convenient for the regulation, government and advantage of the Institution, its members and property and for the furtherance of the objects and purposes of the Institution and from time to time to revoke, alter or amend any Bye-law or Bye-laws theretofore made, so that the same shall be reasonable and not repugnant to these Presents orto the Laws and Statutes of India : Provided that no such Bye-law, revocation, alteration or amendment shall take effect, until the same has been allowed by the Lords of Our Privy Council, of which allowance a Certificate under the hand of the Clerk of Our Privy Council shall be conclusive evidence.Comments- IEI corporate members have been authorised to legislate laws & bye laws/ regulation under this charter to achieve its objectivesApproval by privy council is not required, since post 1947, this provision does not apply, while no amendment or modification had been effected by then honble President of India, under Constitution of India article 372 & 372A, pertinent Existing Laws continuance, which renders this provision to get allowance from Privy Council void, when fact remains that Privy Council does not exist in India/Bharat & this reference was not replaced by HE President of India, within constitutional prescribed limit for existing laws adaptation or modification

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IEI Charter Present/Article 19The first Bye-laws to be made under these Presents shall be made by the Corporate Members of the Institution, within the period of twelve months from the date of these Presents, unless the Lords of Our Privy Council shall see fit to extend such period, of which extension the Certificate of the Clerk of Our Privy Council shall be conclusive evidence.Comments- Previous presents comments do apply herein as wellPrivy council does not exist within Constitution of India provisions, rendering this mandate void post 1947Virtually, IEI General Body has replaced approval by Privy Council12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh50

IEI Charter Present/Article 20Pending the making and approval of the Bye-laws to be made under these Presents but no longer, the Articles of Association of the said existing Association or Institution known as the Institution of Engineers (India) and Bye-laws thereof shall be the Bye-laws of the Institution and shall have effect as though the Institution, its Officers and Members, had therein been referred to throughout In lieu of the said existing Association or Institution, its Officers and Members

Comments- Transition provision only, from its an ordinary registered status as a company, under then Company Act status, to an elite royal corporation status upgrade, due to IEI incorporation by Royal Charter 1935 Act, which is equivalent constitutional / statutory / Chartered status12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh51

IEI Charter Present/Article 21 The property and moneys of the said existing Association or Institution known as the Institution of Engineers (India), (including the property and moneys (if any), held by them as trustees shall from the date of these Presents become and be deemed to be the property and moneys of the Institution, and shall, as soon as may be, be formally transferred to the Institution or such person or persons on its behalf as the Bye-laws may prescribe.Comments- Previous presents comments do apply herein as well, to comply with transition purpose from a registered to a royal upgrade status12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh52

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh53IEI Charter Present/Article 22And We do hereby, for Us, Our Heirs and Successors Grant and Declare that these Our Letters Patent, or the enrolment or exemplification thereof, shall be in all things good, firm, valid and effectual, according to the true intent and meaning of the same, and shall be taken, construed and adjudged in all Our Courts or elsewhere in the most favourable and beneficial sense and for the best advantage of the said Institution, any mis-recital, non-recital, omission, defect, imperfection, matter or thing whatsoever notwithstanding.

Comments- All provisions including designation Chartered Engineer (India) are valid throughout India / BharatPower/responsibilities/objectives/purpose to apply engineering in India is also, valid for IEI members in line to abide by other Indian laws & codesNo government or statutory agency should object to such constitutional/ statutory/chartered special rights to IEI Members

IEI CharterIn Witness whereof, We have caused these Our Letters to be made PatentWitness Our self at Westminster, the ninth day of September in the twenty-sixth year of Our Reign.By Warrant under the Kings Sign Manual.

SEALUnquote

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12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh55Dear Audience/Distinguished ParticipantsThanks for your kind attention & patience for participation during IEI Charter DeliberationsExpected that IEI Royal Charter 1935 is now clear to those, who have participatedReferences from Constitution of India shall now be deliberated brieflyThanks once again / DhanyevaadJai Bharat

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh56IEI Royal Charter 1935 () Deliberations in relevance to Constitution of India( )

FUNDAMENTAL RIGHTSGeneralConstitution of India Article 12In this Part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.CommentsForegoing fundamental right article defining State is very significant in present context,Since this provision defines State, it should be considered as followsThe Institution of Engineers (India) has been empowered by a Royal Charter since 1935, which is classified as a constitutional document, as devised & ordered by then HM UK Empire King Under Royal prerogative & all other powers conferred on HM kingThis piece of documented Public Law/Act, authorizes this body IEI in capacity as Other Authority in India/ Bharat, leading to achieve Status of State, though not covered under funding & direct control by Government of India, since it is self financing institute & governs self, as well being autonomous, while it serves important functions pertinent Indian society, by qualifying students, as engineering equivalent degree graduatesSince it is a part of India as an Equivalent/Extended State, IEI becomes chartered/equivalent statutory body based on its empowerment by Royal Charter 1935, an Royal Authority/Act of incorporation, which means that IEI is an equivalent statutory corporation functioning in India to effect state delegated statutory functions, such as certifying Chartered Engineers(India) on behalf of Republic of India/Bharat, as well as regulating Engineering on similar behalf in India/BharatWhich also, means that each authority or functionary included within all letter patents on its warrant, are statutory or chartered in legal nature & are Alternate Authorities to function in India, since IEI has been designated as body corporate & politicAll chartered engineers & corporate members etc. should be deemed authorised by honble President of India, for purpose of evaluating or calculating power on described designation All official/officers/authorities should regard that & extend that value to all such practicing Chartered Engineers(India), avoiding contradiction between authoritys arbitrary imposed local law/s & provisions within constitution of India as well as, provisions within this IEI Charter 1935Pertinent construction of this Article 12, cumulative effect of all following factors has to be seen for testing criteria: Judicial Procedure, which requires only, one factor to be proven for its application to designate body corporate a State under Article 12 of COIIf entire share capital of corporation is held by government, it would go a long way towards indicating that corporation is an instrumentality or agency of government. Existence of deep and pervasive State control may afford an indication that Corporation is a State agency or instrumentality.It may also be a relevant factor, whether corporation enjoys monopoly status, which is whether State conferred or State protected.If the functions of corporation are of public importance and closely related to governmental functions, it would be a relevant factor in classifying corporation as an instrumentality or agency of government. (this test factor successfully, applies on to IEI to be government agency)Specifically, if a department of government is transferred to a corporation, it would be a strong factor supportive of this inference of corporation being an instrumentality or agency of government. Refe for comment 9 http://www.du.ac.in/fileadmin/DU/Academics/course_material/2012/5112_Law_4_ConstitutionalLaw.pdfTests to decide which other authorities could be considered asagencies or instrumentalities of state

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Fundamental Rights- General-LawsConstitution of India Article 13 (1) All laws in force in the territory of India immediately, before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part shall to the extent of such inconsistency, be void.(2) The State shall not make any law, which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.(3) In this article, unless the context otherwise requires,(a) law includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;(b) laws in force includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.1[(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.] Right to Equality Constitution of India Article 14 The State shall not deny to any person equality before the law or the equal protection of the laws, within the territory of India.Comments- Authorities in India/Bharat should take statutory note of IEI/Chartered Engineer(India) on similar acceptance, as statutory note taken on designation of Architect registered with Council of Architects, under Architect Act 1972

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12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh59Constitution of India Article 18(1) No title, not being a military or academic distinction, shall be conferred by the State.(2) No citizen of India shall accept any title from any foreign StateComments-Recognized Titles Chartered engineer (India) Corporate Membership designations FIE/MIE/AMIE Professional Engineer (India)International Professional Engineer (India) & Other such statutory designations are covered under this provision

Right to FreedomConstitution of India Article 19 (1) All citizens shall have the right(a) to freedom of speech and expression;(b) to assemble peaceably and without arms;(c) to form associations or unions;(d) to move freely throughout the territory of India;(e) to reside and settle in any part of the territoryof India; 1[and](g) to practise any profession, or to carry on any occupation, trade or business.3[(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of [the sovereignty and integrity of India,] the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.](6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, [nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,(i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise].Comments- Provision in Article 19 (g) empowers, whoever person, duly qualified so to practice profession, but by not allowing Chartered Engineer (India) to freely practice profession, is confirmed violation of this provision, that causes impediment to Right to Freedom of qualified professional person, being IEI Certified Chartered Engineer

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PART IVAFUNDAMENTAL DUTIESConstitution of India Article 51AIt shall be the duty of every citizen of India(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;(c) to uphold and protect the sovereignty, unity and integrity of India;(d) to defend the country and render national service when called upon to do so;(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;(f) to value and preserve the rich heritage of our composite culture;(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;(i) to safeguard public property and to abjure violence;(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six andComments-It should be noted that foregoing article that had been added during internal emergency, applies to all citizens on this nation Bharat/ IndiaThis article clearly envisages & emphasizes that every citizen is bound to comply with provisions made within this articleProvision a clearly states that all to abide by the Constitution and respect its ideals and institutionsIEI is an Institution of India in India/Bharat, which must be regarded to its statutory or charted powers12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh61

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh62Constitution of India Article 53(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.(2) Without prejudice to the generality of the foregoing provision, the supreme command of theDefense Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.(3) Nothing in this article shall(a) be deemed to transfer to the President any functions conferred by any existing law on theGovernment of any State or other authority; or (b) prevent Parliament from conferring by law functions on authorities other than the PresidentCommentsThe engineering executive functions of the union, in accordance with the Royal Charter provisions or presents/articles have been vested in the IEI, now deemed to be, constituted by the people of the Republic of Indian Union, w.e.f 26.11.49

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12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh63Constitution of India Article 131Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court,have original jurisdiction in any dispute(a) between the Government of India and one or more States; or(b) between the Government of India and any State or States on one side and one or more other States on the other; or(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends:[Provided that the said jurisdiction shall not extendto a dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which,having been entered into or executed before the commencement of this Constitution, continues in operationafter such commencement, or which provides that the said jurisdiction shall not extend to such a dispute]CommentsProvides teeth with the IEI to exercise the powers of the engineering professional apex court of the state India, subject to the provisions of article 138 of enlargement of Supreme Court Jurisdiction & article 140 together, for purposes & objectives possibly, effecting Indian engineering, research, applications of engineering, education, professional regulation etc. whatsoever, values included within Charter presents

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh64Constitution of India Article 147In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder.

CommentsThis applies to IEI also, IEI Charter 1935, is a constitutional statute, sealed as warrant in propriety, as letters patentWhich means that no other institution or body, statutorily, may perform similar specialist engineering legal function/s, enshrined within IEI Charter 1935Whatever membership designations, titles, abbreviations, authority, officials etc. all should be considered statutory references, as mandated by relevant article or present within IEI Charter 1935, in line to Indian constitutional provisions or mandate

Constitution of India Article 243W Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow(a) the Municipalities with such powers and authority, as may be necessary to enable them to function, as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions, as may be specified therein, Disqualifications for membership. Powers, authority and responsibilities of Municipalities, etc.Comments- This provision also, does not direct or suggest for authorizing all such bodies to conduct deciding & implementing engineering professionals competencies or to conduct registration of engineers or whatever essential or required matters or issues connected therewithTherefore, it is advised & suggested that on an exclusive basis, only IEI should be involved in authorising engineers for certification of competencies & regulation of engineering profession, for mandating decision over competencies & deciding scope pertinent professional practice that Chartered Engineer (India) may own or oblige with, while carrying out professional engineering activities in whatever manner Since IEI is a specialist professional body, contained with, almost all disciplines pertinent engineering profession, should mandate engineering profession acts12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh65

THE CONSTITUTION OF INDIA(Part IXA.The Municipalities.Arts. 243U243W.) 143 with respect to(i) the preparation of plans for economic development and social justice;(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;Comments- Schedule 12 included within Constitution of India, clearly states that there exists no such statutory provision that allows, either municipalities or local bodies or state authorities, to operate engineering regulation & registration pertinent engineersThis means that all registrations conducted by all such bodies do not refer to any statutory provision, as required under mandate of Constitution of India to protect adverse impact on fundamental right of professional engineering citizen or othersDemanding prospective practicing engineer to apply for registration with concerned agency or municipality or authority, amounts to condemnable arbitrary application of undefined law, which conduct of such agency is certainly unconstitutionalFact remains that no authority in India/ Bharat has gotten any mandate to demand or instruct for certain act, without referring to provisions of related applicable lawConclusion is that regulation of engineers & respective professional competencies do not fall within statutory powers, conferred on all such bodies or authorities, except chartered powers & authority , enjoyed by IEI by virtue of its royal charter 193512-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh66

TWELFTH SCHEDULEConstitution of India (Article 243W)1. Urban planning including town planning.2. Regulation of land-use and construction of buildings.3. Planning for economic and social development.4. Roads and bridges.5. Water supply for domestic, industrial and commercial purposes.6. Public health, sanitation conservancy and solid waste management.7. Fire services.8. Urban forestry, protection of the environment and promotion of ecological aspects.9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.10. Slum improvement and up-gradation.11. Urban poverty alleviation.12. Provision of urban amenities and facilities such as parks, gardens, playgrounds.13. Promotion of cultural, educational and aesthetic aspects.14. Burials and burial grounds; cremations, cremation grounds; and electric crematoriums.15. Cattle pounds; prevention of cruelty to animals.16. Vital statistics including registration of births and deaths.17. Public amenities including street lighting, parking lots, bus stops and public conveniences.18. Regulation of slaughter houses and tanneries.]Comments- Constitution of India Schedule 12, explicitly confirms that regulation of Engineers does not come in its ambit/ mandate12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh67

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh68Constitution of India Article 254(1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament, which Parliament is competent to enact, or to any provision of an existing law, with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void.(2) Where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State:Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.CommentsThis article automatically repeals all (void) state legislature/Municipal bye laws for regulation of engineers & engineering professional competencies & all other matters, due to provisions already incorporated within IEI Royal Charter 1935, now implied as IEI Constitutional Charter of India, which must be referred to when considering all such issues

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh69Constitution of India Article 261261. (1) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.CommentsAll IEI functions covered under this provisionFull faith & credit should be given to this Public ActAll government agencies & bodies should take a note of this provision & apply accordingly, while dealing within engineering professional or business activities

Constitution of India Article 366(10) existing law means any law, Ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation;CommentsIEI Royal Charter covered under this provisionIEI charter 1935 had been ordered by HM King George, fifth, & therefore is an Order in Council by a King, which Order, is covered very well within definition of Law as referred above in COI Article 366Since it has been a part on existing law, it has to be recognized as a law unto itself

Constitution of India Article 367(1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of this Constitution, as it applies for the interpretation of an Act of the Legislature of the Dominion of India.(2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of, or made by, the Legislature of a State, shall be construed, as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor, as the case may be.Comments- It should be noted that construction or relevant interpretation, pertinent contained specific clauses or words or articles etc. are taken into considerations by law courts, in line to provisions made within General Clauses Act, as indicated in foregoing constitutional article, in addition to definitions included within recognized dictionaryIEI Royal Charter 1935 is a piece of valid law in India since 1935, being a referenceTherefore, whatever references included within this piece of law, should be adopted in line to provisions defined in article 367 (2) in foregoingWhich means that designation or title Chartered Engineer(India) holds good as reference under constitutional article 367 (2)Corporate Membership, such as FIE/MIE/AMIE etc. hold good as references12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh70

Constitution of India Article 372. (1) Notwithstanding the repeal by this Constitution of the enactments referred to in article 395, but subject to the other provisions of this Constitution, all the laws in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein, until altered or repealed or amended by a competent Legislature or other competent authority.(2 For the purpose of brining the provisions of any law in force in the territory of India into accord with the provisions of this Constitution, the President may by order, make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.(3) Nothing in clause (2) shall be deemed(a) to empower the President to make any adaptation or modification of any law, after the expiration of [three years] from the commencement of this Constitution; or(b) to prevent any competent Legislature or other competent authority from repealing or amending any law, adapted or modified by the President under the said clause.Explanation I.The expression law in force in this article shall include a law passed or made by a Legislatureor other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.Explanation II.Any law passed or made by a Legislature or other competent authority in the territory of India, which immediately before the commencement of this Constitution had extra-territorial effect as well as, effect in the territory of India shall, subject to any such adaptations and modifications as aforesaid, continue to have such extra-territorial effect.Comments- Very first HE President of India had been entrusted with constitutional privilege/an opportunity to either modify or repeal or defer or destruct, whatever existing laws, including IEI Charter 1935, within a prescribed number of years, but HE POI deemed to elect continuance of this IEI Charter 1935, without inserting any amendment or modification or effecting any annulment thereof, within Indian Legal FrameworkSuch state respecting this Existing law empowers its full existence & legal effect, without any kind of impediment on provisions of its operations, until IEI Charter 1935 is either repealed or amended by Parliament of India/Bharat12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh71

Constitution of India Article 372A. (1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, into accord with the provisions of this Constitution as amended by that Act, the President may by order made before the first day of November, 1957, make such adaptations and modifications of the law, whether by way of repeal oramendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.(2) Nothing in clause (1) shall be deemed to prevent a competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.]Comments- Foregoing article explicitly empowered then honble/HE President of India/ Bharat to either modify, or repeal, whatever laws existed, prior to notification of Independence of IndiaIt is added that The Institution of Engineers (India) Royal Charter, being an Order in Privy Council by then King George 5th, had been recorded as enactment as a piece of Law, duly covered under definition of Law as included, within chapter Fundamental Rights article 13 COI12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh72

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh73Constitution of India Article 375All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial,executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution.

CommentsIEI being an Authority is covered under this provision too. IEI has been continuing implementing its chartered functions post 1947 & still effecting its requirements successfullyNo other authority should create any impediment on IEI ways for obliging its Chartered objectives

Constitution of India Article 395. The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed.

Comments- When constitution of India had been effected, previous Indian Independence Act 1947 as well as, Government of India Act 1935 had been repealedThese Acts were not required due to fact that Constitution of India had become Supreme Act/Statute for India Bharat, to constitute it as a self governing nationAll other Acts & Statutes then started coming out, for meeting & complying with, in line to provisions made within, whatever articles & sub articles, contained or included within COI12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh74

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh75Indian Evidence Act 1872 Relevant Deliberations Applicable to IEI Charter

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh76Indian Evidence Act Section 56 Fact judicially noticeable need not be proved. No fact of which the Court will take judicial notice need be proved.Indian Evidence Act Section 57Facts of which Court must take judicial notice. The Court shall take judicial notice of the following facts:--1) All laws in force in the territory of India;2) All public Acts passed or hereafter to be passed by Parliament [of the United Kingdom], and all local and personal Acts directed by Parliament [of the United Kingdom] to be judicially noticed;3) Articles of War for [the Indian] Army [Navy or Air Force];4) The course of proceeding of Parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the legislatures established under any laws for the time being in force in a Province or in the States;(5) The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland:(6) All seals of which English Courts take judicial notice;the seals of all the [Courts in [India]] and of all Courts out of [India] established by the authority of [the Central Government or the Crown Representative]:the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorized to use by [the Constitution or an Act of Parliament of the United Kingdom or an] Act or Regulation having the force of law in [India];7) The accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in [any Official Gazette];8) The existence, title and national flag of every State or Sovereign recognized by [the Government of India];(9) The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette;(10) The territories under the dominion of [the Government of India];(11) The commencement, continuance and termination of hostilities between [the Government of India] and any other State or body of persons;(12) The names of the members and officers of the Court and of their deputies and subordinate offices and assistants, and also of all officers acting in execution of its process, and of all advocates, attorneys, proctors, vakils, pleaders and other persons authorized by law to appear or act before it;(13) The rule of the road [on land or at sea]. In all these cases and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference.If the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so, unless and until, such person produces any such book or document, as it may consider necessary to enable it to do so.

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh77Indian Evidence Act Section 58 Facts admitted need not be proved. No fact need be proved in any proceeding, which the parties thereto, their agents, agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time, they are deemed to have admitted by their pleadings:Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions.

Indian Evidence Act Section 74 Public documents. The following documents are public documents:(1) documents forming the acts or records of the acts(i) of the sovereign authority.(ii) of official bodies and tribunals, and(iii) of public officers, legislative, judicial and executive, [of any part of India or of the Common-wealth], or of a foreign country;(2) public records kept [in any State] of private documents.

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh78Indian Evidence Act Section 78 Proof of other official documents. The following public documents may be proved as follows:(1) Acts, orders or notifications of [the Central Government] in any of its departments, [or of the Crown Representative] or of any State Government or any department of any State Government by the records of the departments, certified by the heads of those departments respectively,or by any document purporting to be printed by order of any such Government [or, as the case may be, of the Crown Representative];(2) the proceedings of the Legislatures, by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed [by order of the Government concerned];(3) proclamations, orders or regulations issued by Her Majesty or by the Privy Council, or by any department of Her Majesty's Government,by copies or extracts contained in the London Gazette, or purporting to be printed by the Queen's Printer;(4) the Acts of the Executive or the proceedings of the Legislature of a foreign country,-by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some [Central Act]:

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh79Indian Evidence Act Section 81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents.The Court shall presume the genuineness of every document purporting to be the London Gazette or [any Official Gazette, or the Government Gazette] of any colony, dependency or possession of the British Crown, or to be a newspaper or journal, or to be a copy of a private Act of Parliament [of the United Kingdom] printed by the Queen's Printer and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.

Indian Evidence Act Section 90Presumption as to documents thirty years old.Where any document, purporting or proved to be thirty years old, is produced from any custody, which the Court in the particular case, considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person's handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.

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Indian Panel Code 1860

Relevant Deliberations

Sections Applicable pertinent IEI Charter 1935

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh81IPC Section 19 "Judge"The word "Judge" denotes not only every person, who is officially, designated as a Judge, but also, every person, who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment,or a judgment, which if not appealed against, would be definitive, or a judgment which is confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law, to give such a judgment.CommentsPosition of judge has been defined for various situationsBeing a corporate member, person may be required to arrive at certain judgment, which purpose designates person as judgeCorporate member may have to act in capacity an Arbitrator, which means a judge

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IPC Section 21 "Public Servant"The words "public servant' denote a person falling under any of the descriptions hereinafter following; namely:-Second- Every Commissioned Officer in the Military, [Naval or Air] Forces [of India];Third- Every Judge including any person, empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;Fourth- Every officer of a Court of Justice (including a liquidator, receiver or commissioner), whose duty, it is as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties;Fifth Every juryman, assessor, or member of a panchayat, assisting a Court of Justice or public servant;Sixth- Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;

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IPC Section 21. "Public Servant continuedSeventh- Every person, who holds any office, by virtue of which, he is empowered to place or keep any person in confinement;Eighth- Every officer of [the Government] whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;Ninth- Every officer, whose duty it is, as such officer, to take, receive, keep or. expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report, on any matter affecting the pecuniary interests of [the Government], or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government;Tenth- Every officer, whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any such common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;

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IPC Section 21 "Public Servant continuedEleventh- Every person, who holds any office in virtue of which, he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;Twelfth- Every person-(a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;(b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956).]STATE AMENDMENT[Vide Rajasthan Act, 1993 (4 of 1993), w.e.f. 11th. February, 1993]State of Rajasthan:In section 21 of the Indian Penal Code 1860 (Central Act 45 of 1860), in its application to the State of Rajasthan, after clause twelfth, the following new clause shall be added, namely:-"Thirteenth- Every person employed or engaged by any public body in the conduct and supervision of any examination recognized or approved under any law.Explanation- The expression 'Public Body' includes-(a) a University, Board of Education or other body, either established by or under a Central or State Act or under the provisions of the Constitution of India or constituted By the Government; and(b) a local authority."

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IPC Section 21 "Public Servant continuedCommentsPersons included under, some of above descriptions are defined/entitled public servants, whether or not, appointed by either Government or by NGO or working in personal capacity as free lancer, appointed by some either person or body in publicWherever, words public servant occur, these shall be understood of every person, who is in actual possession of defined situation of a public servant, whatever or not, legal defect, there may be in ones right to hold that situation.Word election denotes, an election for purpose of selecting members, pertinent whatever legislative, municipal or other public authority of whatever character, method of selection to which, is by or under whatever law, prescribed as by election.IEI Corporate members are elected to Institution by election, respecting which, a Diploma of membership grade is granted to corporate member

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh86IPC Section 29"Document"The word "document" denotes any matter expressed or described upon any substance by means of letters, figures, or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.CommentsDocuments may be recorded in category of public, private & confidential/classifiedDocuments may be recorded in category of statutory or ordinary, judicial, executive & legislativeIEI Diploma of membership & chartered engineer (India) certificate, which may be issued to individuals are categorized , as either statutory or chartered or official/ state documents

IPC Section 41"Special law"A "special law" is a law applicable to a particular subject.CommentsIEI Charter is a special law, destined for purpose to control & regulate engineering, which is defined within IEI CharterMCI Act, Architect Act , ICAI Act, ICSA, etc. are also, special laws

IPC Section 44 "Injury"The word "injury" denotes any harm, whatever illegally caused to any person, in body, mind, reputation or property. Comments Disregarding Chartered Engineer (India) designation can be considered, causing injury to person claiming to be Chartered Engineer (India), when such person is obstructed from practice

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh87IPC Section 166Public servant disobeying law, with intent to cause injury to any personWhoever, being a public servant, knowingly disobeys any direction of the law,as to the way, in which he is to conduct himself, as such public servant, intending to cause, or knowing it to be likely that, he will by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term, which may extend to one year, or with fine, or with both.

CommentsWhenever some Public servant denies to Chartered Engineer (India) to practice, within engineering field of expertise discipline, foregoing IPC section 166 can be imported on related complaint, to be registered in either court or police

12-11-2013Engineering & IEI Royal Charter-By Int PE Suraj Singh88IPC Section 181False statement on oath or affirmation to public servant or person, authorized to administer an oath or affirmationWhoever, being legally bound by an oath or affirmation, to state the truth on any subject to any public servant or other person authorized by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching the subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term, which may extend to three years, and shall also, be liable to fine.CommentsEvery engineer, who files false certificates, pertinent works carried out, when such certificates, signed by person on personal authority, foregoing IPC section 181, can be imported for complaint registration by either court or police

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IPC Section 1