1 pil in-scibyengineers-20.8.2016vol1

PIL In Hon SCI By Chartered Engineers (India)-20.8.2016

August 20th 2016

In Court of Hon Chief Justice of IndiaHon Supreme Court of India

New Delhi- India

Public Interest Litigation (Draft)Petition Reference PIL……………………………..Date………..

Petition Under Constitutional Article 32 (1) Public Interest Litigation, Respecting Role of Architects & Role of Civil Engineers/Structural Engineers & Services Engineers on Building Development Activities in India

Memorandum of partiesPetitioners

1 Eng Satya Paul Chartered Engineer (India) MIE, 17/80 Geeta Colony Delhi 110031 Email [email protected] 9899045177

2 Eng Suraj Singh Chartered Engineer(India) MIE, IntPE(India)430 Sector 21B, Faridabad, NCR 121001Email [email protected] 9810610718

3 Eng Ashok Manhar Chartered Engineer (India) MIE M Tech, PGDC-11, 3rd Floor, Platinum Plaza, New Market Bhopal Email [email protected] 9826027108

Through Advocates .................................................

Respondents

of 158 Petitioners Satya Paul Chartered Engineer (India), Suraj Singh IntPE (India), Eng Ashok Manhar Chartered Engineer (India)

mailto:[email protected]




1 Council of Architecture, an autonomous statutory body GOI, constituted under Architects Act 1972Address The Registrar & SecretaryIndia Habitat Centre, Core 6A, 1st Floor,Lodhi Road, New Delhi-110003, IndiaE mail [email protected], [email protected] [email protected]://coa.gov.in/index1.php?lang=1&level=1&sublinkid=293&lid=271https://coa.gov.in/index1.php?&lang=1&level=0&linkid=6&lid=10Tel: +91-11-24648415, +91-11-24654172 Fax: +91-11-24647746

2 Ministry of Law & Justice GOIAddress 4th Floor, A-Wing, Shastri Bhawan, New Delhi-110 001 Landline 091-11-23012295/ 23793228Email [email protected]

3 Ministry of Human Resources & Development GOIAddress 302, Shastri Bhawan, New Delhi-110 001Email [email protected] +91-11-23782698(O) (Fax) +91-11-23382365

4 Ministry of Urban development GOIAddress Shastri Bhawan, New DelhiEmail [email protected] +91-1123062377, Fax+91-11-23061459

5 Co-Respondent for IEI Charter related clarifications-The Institution of Engineers (India),IEI, Established 1920 Under Companies Act & later Incorporated by Royal Charter 1935Address The Secretary& Director General8, Gokhale Road, Kolkata 700020Email [email protected] Website www.ieindia.org


http://www.ieindia.org/





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

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

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






Landline (033) 2223 8335Subject-Petition under Constitutional Article 32 (1)

Public Interest Litigation, Respecting Role of

Architects & Role of Civil Engineers/Structural

Engineers & Services Engineers on Building

Development Activities in India

Pre Petition Notice

(Refer to Petitioner’s Exhibit PE20)

An Email based formal Notice was served on Ld

statutory body Council of Architecture on August 8th

forenoon, under copy to Hon Ministries of Human

Resources & Development, Urban Development, Law & Ld

Chartered statutory body The Institution of Engineers

(India), requiring Ld statutory body Council of

Architecture to act on Issues raised on Notice,

regarding Encroachment on Engineers activities,

within profession with reference to their notified

Regulations under Architect Act 1972 Section 45 (2)

subsection (i) & pursuant to these Regulations,

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

Petitioner Exhibit PE 20)



QLI 1Questions of Law Involved-(QLI) #1

Architects Act 1972, Under Section 45 (2)

Constitution of Architectural Professional Conduct

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

PE17b)

1 Role of Architects’ on Buildings Designs &

Construction

QLI 2Questions of Law Involved-(QLI) #2

The Institution of Engineers (India) Royal Charter

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

is having force of a statute, with having an

objective as follows:

2 Promotion of General Advancement of Engineering,

Engineering Science & their applications in

India’

3 ‘To promote and advance science, practice and

business of Engineering in all its branches

(hereinafter referred to as “Engineering”) in

India’,

Role of Chartered Engineers (India) Various

disciplines



Petition about ‘Building Engineering Professional

Activities’

This petition is related to Professional

Activities to be carried out by Architects,

Chartered Engineers (India), Professional

Engineers (India) & Engineers, attached to

various professional societies

NFRI&RS (NFRI=Nature of Fundamental Rights Infringed) (RS=Relief Sought)

Nature of Fundamental Rights Infringed & Relief soughtIssues Included on this petitions, about fundamental

rights infringed, which are as listed below

NFRIIssue1 Plight of Chartered Engineers (India) (Refer

to Petitioner’s Exhibit PE11b,IEI Charter Article

16), & per IPEA (Refer to Petitioner’s Exhibit

PE19) Professional Engineers (India) & Engineers

enrolled with various other Professional Societies,

who are unable to carry out engineering

professional practice, related to Various

disciplines, due to no public & state awareness of

Title Chartered Engineer (India), a statutory



status granted under The Institution of Engineers

(India) Charter 1935 (Refer to Petitioner’s Exhibit

PE11b,IEI Charter Article 16),

NFRI

Issue2 Contravention/Violation of Fundamental

Rights, leading to debarring Chartered Engineers

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

Charter Article 16), & per IPEA (Refer to

Petitioner’s Exhibit PE19) Professional Engineers

(India) (Refer to Petitioner’s Exhibit PE19d,

PE19e)& Engineers enrolled with various other

Professional Societies, from Conducting Engineering

Applications, Practise / Business in India on

Designs, Supervision & Construction of Buildings

NFRIIssue3 Encroachment on Civil Engineers (Structures)

Experts, on professional design & field activities

by Council of Architecture (COA), under title of

Comprehensive Architectural Services, mandated, per

COA regulations May 11th1989 & pursuant to that, URL

https://coa.gov.in/index1.php?

lang=1&level=1&sublinkid=293&lid=271





an Architectural Practice reference another URL

https://coa.gov.in/index1.php?

lang=1&level=1&sublinkid=293&lid=271COA/DOC/

03/2002/APR/12&13, (Refer to Petitioner’s Exhibit

PE17b) for Comprehensive Architectural Services

part 1 & part 2, which list confirms that

Architects exclusively conduct all required

services for buildings, including all Engineering

services, though no description is depicted for

Engineers

NFRIIssue4 Encroachment on Mechanical, Electrical &

Security Engineers etc. Expert professional on

design & field activities by Council of

Architecture (COA), under title of Comprehensive

Architectural Services, mandated per COA

regulations May 11th1989, & pursuant to that,

Architectural Practice reference

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

Exhibit PE17b) for Comprehensive Architectural

Services part 1 & part 2, which list confirms that

Architects exclusively conduct/s all required


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




Engineering services for buildings, though no

description is depicted for Services Engineers &

that Architect is not educationally/academically

qualified for Engineering Services

Issue5 Global References (Informative) (Refer to

Petitioner’s Exhibit PE7, PE8)-World Trade

Organisation definitions, related to Architectural

& Engineering Services for benefit of Hon court

information

Issue6 Guidelines by BIS (Bureau of Indian

Standards-Informative) (Refer to Petitioner’s

Exhibit PE9a,9b) published National Building Code

2005/& Model building bye law 2016 (Informative)

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

Urban Development for qualifications, competence &

practice, related to building professionals, which

gives voluntary decided competences, which are not

enforceable by law directly.

NFRIIssue7 Royal Charter of The Institution of Engineers

(India) 1935, (Refer to Petitioner’s Exhibit 11b)

which Charter is still in force for an objective of



advancement of Engineering Science & Engineering,

promotion & application of Engineering Business in

all its branches of Engineering, which

requires/obliges to control & regulate Engineering

profession in all respects, due to fact that The

Institution of Engineers (India) IEI is Royal

Chartered to Issue Competencies Certificates to

Educationally & Academically Qualified, Experienced

& Tested, Engineers

Issue8 International references to Contracts

organisations FIDIC & NEC UK (Informative) (Refer

to Petitioner’s Exhibit PE23,24,25)

RS

Relief sought & Grounds on which it is sought

Issue9 Prayer for ‘Quo Warranto’ to be issued by Hon

court to Government of India, Government of all

states, all authorities, all local bodies & all

municipalities & others, lawfully permitting

Chartered Engineers (India), Professional Engineers

(India) & Engineers attached to various recognised

Professional Engineering societies promoting



various Engineering disciplines, to do freelancing

Professional practice of related Engineering field

discipline wise; &

Also, respectfully submitted to Hon court to pass

an order for removal of Non Architectural

discipline, Professional Engineering Services

mentioned/included, without naming any

specialisation of discipline Engineers, pertinent

building structures & building services from page

53 of Handbook of Architectural documents (Refer to

Petitioner’s Exhibit PE17b), Under Council of

Architecture, Architect Conduct Regulations,

Comprehensive Architectural Services, since all

Building Engineering structural designs,

construction & supervision, as well as, all

Buildings services designs, installations, testing

& commissioning are covered under constitution of

The Institution of Engineers (India) IEI Royal

Charter 1935 provisions with given definition of

‘Engineering in India’,



And, whereas IEI Royal Charter 1935 being a letters

patented law, title of Chartered Engineer (India),

Professional Engineer(India) & Engineers attached

to various other professional societies should be

protected by law, which requires that title

‘Engineer’ should be used only by Chartered

Engineers (India), Professional Engineer(India),

Engineers attached to other recognised professional

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

draw every such entitlement from other Special

Acts, while all other persons not covered in

foregoing or said categories, but using or

subscribing this title ‘Engineer’ falsely for

professional practice objective be prohibited /

banned, with action taken under Indian Panel Code

in case of violation.

Your Honour

Foreward1 After having suffered at adverse

treatments, regarding registration issues, made

by various government officials, it has been

contemplated to seek remedy from Honourable SCI,



since no help or assistance could be drawn from

any other source

Foreward2 Being aggrieved persons, who have been

obstructed from practicing freelancing

Engineering profession, we humbly submit prayer

upon Hon SCI to admit this PIL on behalf of

Engineering Community that has suffered & been

suffering continuously, as such

Foreward3 Certain references, such as Provisions

on Architect Act 1972, Transcript of IEI Royal

Charter 1935, IEI Royal Charter Copy, WTO UNCPC

Service Codes, Reference to International Codes &

others, included with this petition, as

Attachment Exhibits & briefly described within

Rights to Constitutional Remedies under COI

References COIConstitutional Article 32 (1)

Right to move Supreme Court by appropriate

proceedings for enforcement of rights conferred by

this Part is guaranteed.

Constitutional Article 32 (2)



Supreme Court shall have power to issue directions or

orders or writs, including writs in nature of habeas

corpus, mandamus, prohibition, quo warranto and

certiorari, whichever may be appropriate, for

enforcement of any of rights conferred by this Part.

Petition Submission

Prayer made on this petition, which explanation has

been included at conclusive end of this application

Prayer1 Kindly delete / remove / declare void /

undefined / untitled role of Civil Engineers /

Structural Engineers disciplines in Architect’s

name from Architects Act 1972 & Conduct

Regulations 1989 May 11th1989, Architectural

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

Comprehensive Architectural Services part 1 &

part 2

Prayer2 Kindly delete / remove / declare void /

undefined / untitled role of Building Services

Engineers, such as Mechanical Engineers,,

Electrical Engineers & others disciplines in

Architect’s name from Architects Act 1972 &



Conduct Regulations 1989 May 11th1989,

Architectural Practice

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

Architectural Services part 1 & part 2

Prayer3 Kindly adjudicate that Chartered

Engineers (India) & per IPEA Professional

Engineers(India) & Engineers, enrolled with

various other Professional Societies are legally

authorised to be invited by public, by states/by

central government, by all authorities & others

for buildings designs & supervision /

superintendence freelancing practice, related to

all buildings structural designs, buildings

construction supervision, superintendence,

construction completion etc. as is required by

law & under bye law of relevant bodies, and that

title ‘Engineer’ should be used only by Chartered

Engineer(India), Professional Engineer (India) &

Engineers attached to all recognised professional

societies as well as those Engineers, who have

been designated ‘Engineer’ under certain special



Act & that hereinafter, no other person should be

allowed to use this title ‘Engineer’ in

combination with Chartered or Professional or

International description for purpose of

professional practice. And whatever & wherever,

is done, every unauthorised use of this title by

every person, involved, every such person should

be prosecuted, per Indian Panel Code applicable

provisions.

Sheweth

Para A

Issue 1

Issue Involved & Explanation

1 Adverse impact on fundamental rights, enshrined

under constitution Article 19(G) ‘Right to

freedom to practise any profession, or to carry

on any occupation, trade or business.’

2 Adverse Impact on Engineers Profession by

Architect Act 1972/Comprehensive Architectural

Services Regulations 1989, May 11th1989 & pursuant

to it, Architectural Practice reference



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


3 Architects are governed under Architects Act 1972

(No 20 of 1972)

Para B

Issue 2

(Refer to Petitioner’s Exhibit PE 17)

1 Quotes from Architects Act 1972, May 31st 1972;

& Conduct Regulations, May 11 th 1989 Architectural

Practice

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


a Architect Act provides for Registration of

architects & matters connected therewith

2 Section 2 Architect Act 1972

a States that architect means any person, whose

name for time being entered in register

3 Section 2b Architect Act 1972

a States that Council of Architecture means,

council constituted under section 3

4 Section 2 e Architect Act 1972



a States that Register means, Register of

architects maintained under section 23

5 Section 3 (3)g Architect Act 1972 in explanation

defines The Institution of Engineers (India) first

registered in 1920 under companies Act &

subsequently, incorporated by Royal Charter in 1935

Issue 2

6 Under chapter IV Architect Act 1972 Miscellaneous

Section 45 (1) & (2)

Issue 2

7 Section 45 (1) Architect Act 1972

a Council may with approval of central government

(by notification in official gazette) make

regulations not inconsistent with provisions of

this Act or rules made there-under to carry out

purpose of this Act

Issue 2

8 Section 45 (2) Architect Act 1972

In particular & without prejudice to generality of

forgoing power, such regulation may provide for

a Management of property of council



b Powers & duties of president & vice president of

council

c Summoning & holding meetings of council &

executive committee or any other committee

constituted under section 10, times & places at

which, such meetings shall be held, conduct of

business thereat & number of persons necessary to

constitute a quorum

d Functions of executive committee or of any other

committee, constituted under section 10

e Courses & period of studies & of practical

training, if any to be undertaken, subjects of

examination & standards of proficiency therein to

be obtained in any college or institution for

grant of recognized qualifications

f Appointment powers duties of inspector

g Standards of staff equipment accommodation

training & other facilities for architectural

education



h Conduct of professional examinations,

qualifications of examiners & conditions of

admissions to such examinations

i Standards of professional conduct & etiquettes &

code of ethics to be observed by architects

j Any other matter which is to be or may be

provided by regulations under this Act & in

respect of which no rules have been made

Unquote

Para C

Issue 3 & 4

(Refer to Petitioner’s Exhibit PE 17b)

1 And under Architects Professional Conduct

Regulations 1989 May 11th 1989 & pursuant to it,

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

13 Comprehensive Architectural Services part 1 & part

2

Conditions of engagement & Scale of Charges

Issue 3 & 4

Quote

2 Preamble



Primary objective of structural design is to evolve a

strong, durable & an efficient skeleton, so that

space which architecture encloses & form in which it

expresses itself as interior content & an exterior

container, becomes an organic container, becomes an

organic extension of one another.

Structure is so fundamental to architecture that it

actually determines its two pronged functions,

utilitarian appropriateness & expressive power of

aesthetics. Structural design as a creative

discipline assumes an indispensable position, as a

natural extension of architectural design.

Endowed with an extraordinary power or

conceptualisation & creativity, an architect can

conjure up unprecedented structural systems, leading

to genesis of designs-ideas introducing new concepts

of space & forms.

In other words, architect’s contribution to

structural design can effectively bring about

qualitative change in built environment to stimulate



environment of society towards a higher order of

civilization

Unquote

Explanation on preambles by petitioner

1 ‘Preamble mandates that an objective of

‘structural design’ is to evolve a strong durable

& an efficient skeleton’

2 Only a qualified & expert civil / structural

engineer can be authorised to design a Reliable

structure, since Reliability in terms of

Engineering codes means Safe structure + Serving

structure + Durable structure, while structure

requires to be designed according to buildings

limits requirements, whether building demands

Service Limit State design or it needs Ultimate

Limit State designs, which both limits are

included within structural engineering domains.

3 A educational & professional safety slogan is

generally used on projects, which is as such,

Safety is a must, if you know safety you know no

pain, while, you do not know safety, you know



pain. Safety is extremely significant in life of

ours, which if condoned by whatever reasons,

would consequence in huge losses of human power,

losses of natural resources & losses of national

potential.

4 Safety consideration during designs, during

carrying out preparatory works, during operating

permanent activities, during operating heavy

equipment, during working in hazardous areas,

consideration of ecological affects, which all

points require in depth analytical approach,

during working out risks & reaching risk

combating resolutions from engineering designs &

prosecution viewpoint considerations.

5 While working out structural design formations,

since it is not merely, design engineering

formula or software dependence to reach design

solutions, but a contemporary & a calculative

approach must be inculcated into application of

defined design procedures, wherein issues of

working safety on site, serving safety of



structure world direct & it is not correct merely

to consider that an only economic cost wise

design should be destined, but preferably, a

design solution that extracts maximum design &

serving benefits from materials to be used

permanently.

6 History in ours announces about number of

failures during work, pertinent systems of

formwork installations for RCC slabs & buildings

collapse post constructions are over. What

inference can be drawn from such mishaps, which

result in incalculable losses of all kinds, which

cannot be counted in financial terms?

7 All designs & construction activities should

therefore, be conducted only by Professional

qualified to defined criteria or defined marks,

so that all risk factors that can adversely

impact works & future of buildings & structures

must in every respect & condition be handled by

competent professionals only & not by those, who

do not attain required professional skills &



usually by law, claim that such works are their

relevant competency accordingly, even If it does

not, & by having inconsistent educational

background, for Architects are not competently

qualified for carrying out professional

structural design works & also, affecting

adequate safety required to be implemented on all

works.

8 Architect preference is always given to

beautification of every building, in preference

to safely working on work site & producing a

safe, serving & durable building, combination of

which criteria terms structural reliability,

which necessity must be achieved by buildings, so

that residents or occupants may sleep in sound

mode, without considering any negative impetus.

It has been observed evidently, that architects

do not insist building owners to manage safety

requirements on a regular basis.

9 No architect can construct design meaning,

related to these requirements of structures &



therefore, not expected to work on & deliver

structural design independently, without support

of either Civil engineer or Structural engineer

10Preamble also, states that Structure is so

fundamental to architecture, which statement

speaks tonnes of volumes & announces value of

structure for purpose of designs & prosecution

11Buildings structures are not that simple as are

being evaluated as such.

12Buildings framing is too complicated from

structural design & structural execution &

prosecution viewpoints

13Many design factors are required to be

contemplated, analysed, then applied & again

analysed, applied & kept optimising designs, so

that most economical & best performing design is

achieved

14Building is a live structure, which has to serve

its intended purpose to safely carry various

types of actions to be imposed upon it as well



as, various varying actions imposable from time

to time

15Structure is subject to persistent & transient

loadings/actions

16Structure is also, subject to accidental loadings

17Structure also, requires that it be designed for

corrosion protection of steel, which is an

engineering technology

18Structure has to be equally resistant to seismic

actions, wind action, fire loads etc.

19All these actions & applicable theories are

available in various international codes, most

recently EURO codes were published in 58 parts of

structures/codes applicable to buildings & other

structures, mandatorily effective 2010 which are

very descriptive & even engineers consume lot of

time to understand them

20These codes are required to be applied globally &

many countries in addition to Europeon Union

nations have already started implementing them



21Foregoing Preamble states that Endowed with an

extraordinary power or conceptualisation &

creativity, an architect can conjure up

unprecedented structural systems

22It is inappropriate to accept that a professional

person, who is aware of very elementary knowhow,

regarding structural engineering can claim that

such incumbent architect can deal with structures

independently, which structures are complicated

in professional design & professional execution

approach

23Buildings cannot be taken for granted as has been

considered, within Regulations framed /

constituted under Architect Act 1972 in year

1989, which do not serve any public interest, but

put public safety at risk of life & money / risk

to resources

24How much technology an architect has been

educated with, regarding fire sustainable /

resisting structural framing



25Structure of building requires checking gravity

action loads, lateral action loads, structural

stiffness, moments & shear forces, deflections in

all directions, sways, vibratory loads, unequal

settlements, overturning of buildings, foundation

subsidence, soil liquefaction, working out centre

of gravity, work of diaphragm, shear walls,

permanent settlements as well as recoveries &

many other required parameters, which directly or

indirectly impact on buildings structural designs

26Building is not considered in designs element

wise, such as columns & beams etc. but whole

structure as a unit to function safe / reliable

accordingly, while designs of columns, beams &

suspended slabs are taught only for structural

elementary knowledge, which cannot be

professionally / decisively applied during

practice

27Temperature during fire can rise up to 1500

degrees Celcius, which no architect can respond

about how to tackle structures accordingly for at



least 2 hours developed fire risk, which

consideration requires contemplation & analytical

concept, related to varying sizes of structural

sections of columns & beams, which would

certainly lead to adoption of concept of full

section as well as, reduced section, during

either of fire or developed fire as well as,

compartmental fire

28Structural construction requires detailed

knowledge & related application of concrete

technology that has developed immensely & lack of

adequate knowledge about this technology can lead

to production of defective concrete on structure,

poured / cast on site & once structural concrete

is produced defective, it is not so east to

impart / provide remedial actions on hardened

concrete, which in turn would necessitate to

dismantle defective structure & rework costing

time, resources & add to augment environment

pollution



29It is therefore, true to consider & conclude that

an architect cannot be authorised to design &

execute structures independently as an

engineering professional practitioner

30Structures can be designed, prosecuted &

supervised only by Chartered Civil engineers &

qualified Structural engineers, and that

structural stability can be certified only by

Chartered Engineers(India)

31There could be hundreds of additional structural

points that can be considered for explanation,

yet sufficient points have been included, keeping

abreast statement submission brevity

Para D

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

Quote

Issue 3 & 4

1 Part 1-Architecture

1 Taking clients instructions & preparation of

design brief



2 Site evaluation, analysis & impact of existing

&/or proposed development on its immediate

environs

3 Design & site development

4 Structural design

5 Sanitary, plumbing, drainage, water supply &

sewerage design

6 Electrical, electronics, communication systems &

design

7 Heat ventilation & air conditioning design (HVAC)

& other mechanical systems

8 Elevators, escalators etc..

9 Fire detection, fire protection & security

systems etc

10Periodic inspection & evaluation of construction

works

Issue 3 & 4

2 Part 2-Allied fields

1 Landscape architecture

2 Interior architecture

3 Architectural conservation



4 Retrofitting of buildings

5 Graphic design & signage

Unquote

Para E

Issue 3 & 4

Quote

1 Architect’s role & responsibilities

2 Provision 9.0 Execution of assignment

3 Provision 9.02 Architect shall appoint

specialised consultant in consultation with client if

necessary

(Explanation by petitioner-

1 Civil /Structural engineer is a specialist

professional, who should be appointed by client.

2 It is a civil / structural engineer, who is

responsible for structures design & structural

construction & not an architect)

4 Provision 9.03

Issue 3 & 4

Architect shall be responsible for direction &

integration of consultant’s work. Consultant shall



however be fully responsible for calculations,

detailed designs & periodic inspections & evaluation

of work entrusted to them.

Architect if requested shall make design calculations

available

(Comments / arguments by petitioner-

1 Civil / Structural engineer can be considered

responsible for design only, when he is

considered a professional engineer & not a

calculation clerk.

2 In fact this provision within this regulation is

against professional ethics & erodes professional

work grade evaluation of Engineer

3 On what basis, Civil engineer/Structural engineer

can be held responsible for consequences, when

direction of designs requires to be given by

Architect & even integration into building is

mandated Architect’s responsibility

4 This regulation completely erodes Engineer’s

profession)



5 In fact it is Chartered Engineer(India) Civil,

who is authorised for all structural engineering

designs, supervision, superintendence, issue

structural stability certification & issue

completion of all structural works whatsoever on

buildings or otherwise

5 Provision 12.0

Issue 3 & 4

Ownership of copyright

a Architectural design is an intellectual property

of architect.

b Drawings, documents, models as instruments of

service are property of architect, whether

project for which these are made executed or not

executed. Client shall keep copies of models,

drawings, specification & other documents for his

information & use for project.

c These shall not be used for any other project by

client, by other architect or by any other person

except for repetition as stipulated on scale of

charges




1 It is also, inappropriate to mandate that all

works done by Civil / Structural Engineer is a

copyright to be owned by an Architect, which

cannot be allowed, since provision is illegal to

an extent, work of a Professional/ Chartered

Engineer relates to, since all design

calculations & decisions are based on

intellectual property standard & research

activity & therefore, amounts to intellectual

status, which copyright cannot be owned by other

professional, which is this case is an architect.

Para F

Issue 3 & 4

1 Schedule of Services

Concept design stage 1

a Ascertain client’s requirement, examine site

constraints & potential & prepare s design brief

for client’s approval

b Prepare report on site evaluation, state of

existing buildings, if any & analysis & impact of



existing & or proposed development on its

immediate environs

c Prepare drawings & documents to enable client to

get done, detailed survey & soil investigation at

site of project

d Furnish report on measures required to be taken

to mitigate adverse impact, if any of existing or

proposed development on its immediate environs

e Prepare conceptual designs with reference to

requirements given & prepare rough estimate on

cost on area basis


1 State of existing structures, related

investigation to ensure either degradation of

concrete or damage caused to its components, site

soil investigation / geotechnical details, bore

logs understanding, knowledge related to soil

water relations & relevant mobility, sulphates,

other contents & understanding about underneath

soil& rock stratification, rock quality

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



laboratory tests, all such topics relate to civil

engineering domain & it is inappropriate to allow

an architect to entrust with such conducting high

technological responsibilities

2 All other structural concrete ingredients,

admixtures, other contents can only be reviewed,

construed for fitness & parametric applications

etc. can only be decided by Chartered Engineers

(India)

Preliminary design & drawings stage 2

a Modify conceptual design incorporating required

changes & prepare preliminary drawings, sketches,

study models etc. for client’s approval, along

with preliminary estimate of cost on area basis

Para G

Drawings for client’s statutory approval stage 3

a Prepare drawings for client’s statutory approvals

& ensure compliance with codes, standards &

legislation as applicable & assist client in

obtaining statutory approvals thereof if required

Para H



Issue 3 & 4

Working drawings & tender documents stage 4

a Prepare working drawings, specification &

schedule of quantities, sufficient to prepare

estimate of cost & tender documents including

code of practice covering aspects, like mode of

measurements, method of payment, quality control

procedures on materials & works & other

conditions of contract


1 working drawings related to structural designs

cannot be entrusted to an architect, since it is

domain of civil engineering)

Appointment of contractors stage 5

a Invite receive & analyse tenders, advise client

on appointment of contractors

Para I

Construction stage 6

a Prepare & issue working drawings & details for

proper execution of works for construction

b Approve sample of various elements & components



c Check & approve shop drawings submitted by

contractors/vendors

d Visit site of work at intervals mutually agreed

upon to inspect & evaluate construction works &

where necessary clarify any decisions, offer

interpretation of drawings/specifications, attend

conference & meetings to ensure that project

proceeds generally in accordance with conditions

of contract & keep client informed & render

advice on actions if required

e In order to ensure that work at site proceeds in

accordance to contract documents/drawings & to

exercise time & quality controls, day to day

supervision would be carried out by a

construction manager (clerk of works/ site

supervisor or construction management agency in

case of a large & complex project), who shall

work under guidance & direction of architect &

shall be appointed & paid by client

f Issue certificate for virtual completion of works




1 Working drawings, related to structural designs

cannot be entrusted to architect, since it is

domain of civil engineering

2 Inspections & approvals of all structural

operations should only be conducted by either

Civil or Structural Engineers, since construction

is equally important, so that quality work on

structures are carried out on site keeping site

safety, working safety & ensuring public safety

intact.

3 As stated earlier, it is very easy to pour

concrete carelessly, but once worked wrong, it

requires to be reworked, which means loss of

resources & time)

4 International Quality Management System 9001-2015

effective September 2015 requires professionally

qualified experts for carrying out all

engineering activities, whereas all

responsibilities lies on obligations of

professional leaders of respective disciplines,

where Chartered Engineers (India) are



professional leaders, related to Civil &

Structural Engineering activities / operations &

architects are considered leaders of

architectural space design & therefore, cannot be

considered designated for Structural Engineering

operations.

Para J

Issue 3 & 4

Completion stage 7

a Prepare & submit completion reports & drawings

for project as required & assist client in

obtaining Completion / Occupation certificate

from statutory authorities, wherever required

b Issue 2 sets of as built including services &

structures

(Explanation by petitioner

1 It is inappropriate to state that an architect

can issue structural completion, since architect

is not an expert on structural engineering, which

requires services of a Chartered Civil Engineer/

Structural Engineer to carry out structural



prosecution & conduct related site inspections,

including conducting on site & off site materials

testing, such as concrete slump compliance to

specifications, concrete temperature compliance

at delivery from truck, air voids being within

complying within prescribed limits, supervision &

witnessing concrete cube test in laboratory,

supervision & witnessing concrete core test in

laboratory, supervision & witnessing core capping

compound test, conducting full range test of

aggregates, conduct site workmanship monitoring

all relevant items, ensuring acceptable concrete

temperature during pour, ensuring avoiding

formation of cold joints during pour between two

consecutive batches of concrete, ensuring no

honey combing is formed, ensuring no opening of

concrete formwork exists during pour, ensuring

correct bar bending schedule production &

ensuring placement rightly in correct positions

all bar bending schedule based reinforcing bars,

ensuring addition of ice for temperature control



of mixed concrete & ensuring percentages of other

chemical admixtures to be added to concrete mix,

proper use of concrete vibrators, ensuring

adequate curing by water, by curing compound as

well as thermal curing, if so required conducting

on site load test, pile test & affect various

other engineering considerations, which cannot be

conducted by architects independently

2 Chartered Engineer (India) Civil requires to

ensure compliance with specified properties of

soil at site in relation to moisture content,

density etc. as well as, ensure proper soil

compaction in layers of acceptable depth of each

layer & also, design required soil site mix, when

imported soil or site excavated soil fails to

indicate or provide successfully desired

properties from tested parameters

3 Chartered Engineer(India) requires to decide

regarding, ordinary fill, desert fill, granular

fill as well as engineered fill, which one to

specify for foundations & below ground



4 Chartered Engineer (India) requires to ensure

that adverse result of dewatering operation,

which operation is essentially required to be

applied in case of water table exists near

ground, may not impact badly other surrounding

structures, which situation may lead to unequal

settlement of those structures with consolidated

foundation soil, should necessary precautions are

not observed during continuous dewatering, which

remains working until foundations are completed

with structure raised up to level above water

table level

5 Chartered Engineer (India) requires to decide,

whether or not, foundation excavation needs

inclusion of RCC diaphragm walls permanently or

sheet piling, which all professional decisions to

be made are complicated & therefore, it is

essential to investigate theoretically &

practically in engineering details, which an

architect lacks knowledge of such specialised

skill.



6 This means when an architect is not adequately

qualified to control all aforesaid engineering

operations requirements, it would be

inappropriate to allow an architect supervise on

site, all such significant & specialised

structural construction

7 And if either Chartered Civil Engineer or

Structural Engineer has to carry out all such

activities on site, there is no justified legal

basis that completion certificate should be

issued by an architect, as mandated by regulation

1989

Unquote

Para K

Issue 3 & 4

Submission

a Section 45(2) Architect Act 1972 which is a

mandate to issue regulations, applies to conduct

of architects duties only

b “Standards of professional conduct & etiquettes &

code of ethics to be observed by architects”



Surprisingly, this List includes Structures, Soil

investigation, Public health, Electrical, Mechanical,

Elevators, Escalators, Fire loss prevention, etc. all

disciplines applicable on buildings

Indication is given below


design brief (architectural concept should be

within architect’s role, structural concept

should be within engineer’s role)



environs (it should be a combination of architect

& engineer’s roles or engineer’s role alone)

3 Design & site development (soil investigation &

soil report interpretation is not within

Architect’s role, it is a specialization subject

in civil & geotechnical engineering, foundation

design is not within architect's role)

4 Structural design (It should be within Civil

Engineer’s role in design, supervision &

superintendence as well as, certification of



structural completion with issue of stability of

structure should be within Civil Engineer’s role)


sewerage design (It should be within Civil

Engineer’s role)


design (Should be within Electrical & electronics

engineer’s role)


& other mechanical systems (Should be within

Mechanical Engineer’s role)

8 Elevators, escalators etc..( Should be within

Equipment specialization in other disciplines

role)


systems etc (Loss prevention Should be within a

specialization in other disciplines)


works (structural part Should be within

Engineer’s role, foundations part should be

within engineer’s role, soil backfill should be



within engineer’s role, settlement control should

be within Engineer’s role)

Explanation about Comprehensive Architectural

Services part 1 & part 2

1 It is clear from above named responsibilities

that many jobs discipline definitions do not come

under description of Architect’s role

2 Few disciplines responsibilities come under Civil

engineer’s role

3 Few disciplines responsibilities come under

Building Services Engineers’ roles

4 Means Council of Architecture has encroached upon

other engineering branches’ responsibilities in

name of ‘architectural scope of services’, which

is against very spirit of Architects Act 1972

5 This encroachment upon other engineers’

responsibilities has kept general public distant

from other engineers, such as Chartered Civil

Engineers, other expert Chartered Services

Engineers



6 Without Chartered Civil Engineers being engaged

on buildings, there can be given no guarantee of

delivering a safe / reliable structure to public

7 All non architectural responsibilities covered

under these disputed architect conduct

regulations 1989 should be declared void, so that

public could also, engage & use other

professionals to seek such buildings professional

services in a proper manners

8 This is an exclusive solution to produce quality

buildings all over globe & should be applied to

India as well

Para L

Issue 3 & 4


Communicated to Council of Architecture

Mail 1-

A mail was communicated to Council of Architecture as

given below

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

<[email protected]> wrote:



Scope of Architect Per Regulations Constituted Under

Architect Act 1972 & Scope of Engineer Encroachment

(4)

suraj singh <[email protected]> To [email protected] CC [email protected] [email protected] [email protected] [email protected] BCC Ashok Manhar and Associates2 Jul 15 at 5:39 PM Scope of Architect Per Regulations Constituted Under

Architect Act 1972 & Scope of Engineer Encroachment

Dear Sir,

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

Engineering

I have gone through regulations, pertinent Scope of

architect, constituted under Architect Act 1972,

which are reproduced below for reference

Comprehensive Architectural Services-According to COA

Scope of work

Architect is required to provide following services

Para M

Issue 3 & 4

Part 1-Architecture




design brief



environs

3 Design & site development

4 Structural design


sewerage design


design


& other mechanical systems

8 Elevators, escalators etc.


systems etc


works

Para N

Issue 3 & 4

Part 2-Allied fields



1 Landscape architecture

2 Interior architecture

3 Architectural conservation

4 Retrofitting of buildings

5 Graphic design & signage

Regulations mandate that all foregoing activities, an

architect can deliver under professional services!!!

Is this acceptable to profession of architect?

1 Is architect a Structural / Civil Engineer?

2 Is architect a Mechanical Engineer?

3 Is architect a Soil Engineer?

4 Is architect a Structural specialist?

5 Is architect a Fire Engineer?

6 Is architect a retrofitting engineer?

All foregoing disciplines, excepting architectural

designs, relate to architect discipline

All other building activities are encroachments on

other qualified professionals, who have been deprived

virtually from performing respective professional

activities, due to foregoing incompatible & illegal

activities, defined & included on scope of architect



Therefore, it is requested that Council of

Architecture re-constitute by statutory amendments to

Scope of architects job descriptions

It is also, requested that Ministry of Human

resources study & help amend mistake done by

regulations constitutions, so that Lakhs of other

professionals do not suffer from performing legal

duties

Structural engineers/Civil engineers have been left nowhere to be involved on buildings activities in Bharat/India, which amendment of Regulations exercise, would certainly benefit, national development IntPE Suraj Singh

Para O

Issue 3 & 4

Mail-2-

Another mail was communicated to Council of

Architecture & Ministry of Human Resources &

Development on July 28th 2016

suraj singh <[email protected]> To [email protected] [email protected] [email protected] CC [email protected] [email protected] [email protected] [email protected] Satya Pal Jul 28th at 5:47 AM The President



Council of ArchitectureIndia Habitat Centre, Core 6A, 1st Floor, Lodhi Road, New Delhi-110003 India Tel: +91-11-79412100 (30 Lines) Fax: +91-11-24647746 91-11-23782698, 23782387, 23782028 (Fax)HE Minister of Human Resources & DevelopmentDear Sirs,

Scope of Architect Per Regulations Constituted Under

Architect Act 1972 & Encroachment on Scope of

Engineers Roles

A mail was forwarded as attached

It is requested that Council of Architecture &

Ministry HRD should look into issue of professional

encroachment on role of Civil Engineers / Structural

Engineers & other services engineers

All roles related to non architectural disciplines

should be taken out of Architects Conduct Regulations

1989

It is professional rights of other engineers to

deliver to public, all such building design &

construction services

Thanks & Warm Regards

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

Para P



Issue 3 & 4

Mail-3- (Refer to

Petitioner’s Exhibit PE2)

A mail was forwarded to Council of Architecture on

Jul 31st.2016

suraj singh <[email protected]>

To [email protected]

CC Satya Pal Ashok Manhar and Associates2

[email protected]

Jul 31st at 2:19 PM

Mail addressed to IEI is also, forwarded to Council

of Architecture, with a request that COA should

rectify its mistake applied through Comprehensive

Conduct rules May 11th 1989

COA has intentionally pulled/encroached on

professional responsibilities of civil engineers,

structural engineers & various building services

engineers into Architect's role, which is incorrect,

misconceived, illegal, bad intentional on part of COA

COA has misled Government of India, Parliament Of

India & Public of India / Bharat



Therefore, by this mail message, COA is asked to

remove from role of Architects, all roles, related to

civil engineers, structural engineers & other

building services engineers.

We on behalf of engineering community, expect that

COA shall apply remedial action in national interest,

so that all engineers would have professional

opportunity to serve nation on buildings.

Otherwise, engineering community shall move PIL in

SCI, in case COA ignores this mail message.

Confirmation from COA to take remedial action is

expected in a reasonable time.

Thanks & Warm Regards Have a nice time Int P Engineer

(India): Suraj Singh

Para Q

Issue 5

Global Reference

1 World Trade Organisation Classification of

Professional Services Quote



corresponding to UNCPC (United Nations Central

Product Classification) (Refer to Petitioner’s

Exhibit to PE 7 & PE 8)

Quote

a World Trade Organisation Classification of

Professional Services-Architectural & Engineering

Services

1 Sector includes work by engineering firms to

provide blue prints & designs for buildings &

other structures &

2 By engineering firms to provide planning, design,

construction & management services for building

structures, installation, civil engineering works

& industrial process.

3 As a result of Uruguay Round & subsequent

accessions to WTO (World Trade Organisation) by

new members, 70 members have made commitments in

this sector

Issue 5

S/C /W/44/1.7.1998



2 Architectural & Engineering Services (Refer to

Petitioner’s Exhibit to PE 8)

a In Service sector classification list,

MTN.GNS/W/120, Architectural & Engineering

Services are listed in subsectors of professional

services under 4 headings, which are briefly

discussed below in order they appear in list

b Each of 4 subsectors correspond to UNCPC (United

Nations Central Product Classification) at 4

digit level

Issue 5

3 Architectural Services CPC 8671 (Refer to

Petitioner’s Exhibit PE 7)

a Covers all types of architectural services,

except those classified below under urban

planning & landscape architectural services,

which are

1 Advisory & pre design architectural services

(86711)

2 Architectural design services (86712)

3 Contract administration services (86713}



4 Combined architectural design & contract

administration services (86714)

5 Other architectural services (86719)

Issue 5

4 Engineering Services CPC 8672 (refer to PE 7 &

PE8)

a This item covers all engineering activities,

except integrated engineering services, which are

1 Advisory & consultative engineering services

(86721)

2 Engineering design services for construction of

foundations & building structures (86722)

3 Engineering design services for mechanical &

electrical installations for buildings (86723)

4 Engineering design services for construction of

civil engineering works (86724)

5 Engineering design services for industrial

process & production (86725)

6 Engineering design services n.e.c (86726)

7 Other engineering services, during construction &

installation phase (86727)



8 Other engineering services (86729)

Issue 5

5 Integrated Engineering Services CPC 8673 (Refer

to Petitioner’s Exhibit PE 7 & PE8)

a This item covers engineering services, related to

turnkey projects, which are

1 Integrated engineering services for transport

infrastructure turnkey projects (86731)

2 Integrated engineering & project management

services for water supply & sanitary works

turnkey projects (86732)

3 Integrated engineering services for construction

of manufacturing turnkey projects (86733)

4 Integrated engineering services for other turnkey

projects

Issue 5

6 Urban Planning & Landscape Architectural Services

(CPC 8674). (Refer to Petitioner’s Exhibit PE 7 &

PE8)

a This item covers urban planning services (86741)

&



b Landscape architectural services (86742)

Para R

Issue 5

7 Further explanation for information benefit of

Honourable court

1 Above does not explicitly, covers services,

provided by Surveyors & Topographical Engineers.

2 In CPC classification, such services would seem

to belong to, either of or several of ‘Site

Investigation work’(5111 a subsector of

construction services) ‘advisory & pre design

architectural services’(86711 a subsector of

architectural services), advisory & consultative

engineering services’(86721 a subsector of

engineering services) or surface surveying

services & map making services (86753 & 86754,

included in related scientific & technical

consulting services), since function of surveyor

or topographical engineer differs from country to

country, one would need look at content of



service provided, in order to determine, where

to, those services belong in classification

3 Services provided by construction economists (a

profession most common in European countries,

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

management of construction projects, conducting

feasible studies & risk analysis, providing

advice on design & construction procurement etc.

appear to belong to architectural engineering or

urban planning & landscape architectural

services, as services above are most often

provided by either architects or engineers,

depending on country

Economic importance of sector & its main economic

features

4 Architectural firms provide blueprints & designs

for buildings & other structures, while

engineering firms provide planning, design,

construction & management services for building

structures, installations, civil engineering

works & industrial pressings etc. consulting



engineers are involved in all stages of a project

& thus their services overlap substantially with

those of other professionals.

5 Thus architectural & engineering services are

strongly inter related with physical construction

activity/or other business services.

6 Due to this specific nature, measurement of

economic importance of architectural &

engineering services, output is not straight

forward to an extent that in official statistics,

it is most often absorbed in broader categories

of services output, such as business services or

construction activity.

7 Statistics on number of professionals or

employment are available for many countries, but

are missing or are unreliable for countries, in

which, there are no system of compulsory

registration or accreditation.

8 In US, engineering is one of largest & most

diverse of profession, while architecture is

comparatively much smaller.



Issue 5

9 In Europe, situation appears to be different,

where there may be more architects, while

engineering profession may relatively, be much

smaller

10With advanced communication systems, blueprints &

designs can be transmitted electronically &

consulting can be performed on line

11Such a development would lead to raise importance

of cross border supply in those services

12It is also, observed that cross border trade in

architectural & engineering services tend to rise

along with complexity & specialisation of service

involved.

13High skill services that go with construction of

complex installations & specialised plants, often

in connection with direct foreign investment,

typically, enter into expert contracts, without

similar local expertise.

14It will probably remain true however that bulk of

supply of architectural & engineering services



will still take place through commercial presence

or presence of natural persons

15Architects & Engineers occupy a position upstream

of building & construction process, therefore,

demand for architectural & engineering services

is closely related to that of construction &

overall industrial investment, both of which are

linked to economic cycle

Regulatory structure & relevant trade restrictions

16Architectural & Engineering services belong to

group of accredited professional services, as

opposed to non-accredited business services, such

as marketing, advertising & consultancy.

17Same market access & national treatment

limitations, often apply to accredited

professional services across board.

Issue 5

18However compared to some other accredited

professional services, such as accounting & legal

services, architectural & engineering services,



appear to be subject to fewer restrictive

regulations.

19Mutual recognition between country of education

or professional experience or licenses or

certifications, granted in a particular country

has become more & more popular in recent years,

especially, in architectural & engineering

services

20Regulations applied in professional services have

as their primary objective need ensure & maintain

a certain quality of service & hence to protect

consumers, which consideration, generally apply

to architectural & engineering services as well

21In those countries which regulate architectural &

engineering professions, compulsory membership of

a professional association is quiet commonly

required.

22In small number of countries, applying self

regulations by profession, membership of

professional associations are obligatory

Unquote



Explanation by petitioner

1 Foregoing classifications, related to

professional services affected on buildings are

clearly described by UNCPC (United Nations

Central Product Classification) WTO (World Trade

Organisation), which leave no room for any doubt

that Engineers are given equal importance on

buildings designs & construction.

2 Detailed explanations related to various

considerations & various countries have been

elaborately included for international

information & advice

3 Explanations relate to role of Architects & Civil

engineers in form of architectural services &

engineering services on buildings & structures

Para S

Issue 5

International reference

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



Quote from IPEA portal, a part on International

Engineering Alliance Constituting 3 #s Professional

Engineers Agreements

IPEA (International Professional Engineers Agreement

formerly EMF (Engineers Mobility Forum)

1 Members have full rights of participation in

agreement, each operates a national section of

International Professional Engineer (IntPE)

register, registrants on these national sections

may receive credit, when seeking registration or

licensure in jurisdiction of other member

2 Australia, Canada, China Taipei, Hong Kong China,

India, Ireland, Japan, Korea, Malaysia, New

Zealand, Singapore, South Africa, Sri Lanka,

United Kingdom & United States are currently

permanent members signatories

3 India is represented by The Institution of

Engineers (India) effective 2009

Issue 6

Para T

Quote



Reference to National Code of India NBC 2005 part 2

Administration, Annex A & (Refer to Petitioner’s

Exhibit PE 9)

Same contents reproduced on to page 239/240, Appendix

E, Model Building Bye laws 2016 published by Town &

Country Planning Organisation, Ministry of Urban

Development, Government of India. (Refer to


‘Guide for qualification & competence of

professionals’ to be adopted & implemented by all

states, urban development bodies, authorities, local

bodies & others throughout India

Issue 6

A1-Essential Requirements (Refer to Petitioner’s

Exhibit PE 10)

1 A1-1 Every building/development work for which

permission is sought under code shall be planned,

designed & supervised by registered

professionals. Registered professionals for

carrying out various activities shall be

Architect, Engineer, Structural Engineer,



Supervisor, Town Planner, Landscape Architect,

Urban Designer & Utility Service Engineer

2 Requirements of registrations for various

professionals by authority or by body governing

such profession & constitution under statute as

applicable to practice within local body

jurisdiction are given in A2-1 to A2-5

Requirements for registration & competence of

professionals

Issue 6

A2-1 Architect (Refer to Petitioner’s Exhibit PE 10)

Minimum qualification for an architect shall be

qualification as provided for in Architects Act

1972 for registration with council of

architecture

A2-1-1 Competence

Registered architect shall be competent to carry

out work, related to building / development as

given below

a All plans & information connected with

building permit except engineering services



of multi-story / specials buildings given in

12.2.5.1

b (12.2.5.1 Building plans for

multi-storeyed/special buildings

c For all multi-storeyed buildings, which are

15 m or more in height for special buildings

like educational, assembly, institutional,

industrial, storage, hazardous & mixed

occupancies with any of aforesaid

occupancies, having covered area more than

500 sqm, building sanction shall be done in 2

stages ..........)

d Issuing certificate of supervision &

completion of all buildings pertaining to

architectural aspects

e Preparation of subdivision / layout plans &

related information connected with

development permit of area up to 1 hectare

for metro cities & 2 hectares for other

places



f Issuing certificate of supervision for

development of land of area up to 1 hectare

for metro cities & 2 hectares for other

places

Issue 6

A2-2 Engineer (Refer to Petitioner’s Exhibit PE 10)

Minimum qualification for engineer shall be

graduate in civil/ architectural engineering of

recognised Indian or foreign university or member

of civil engineering division/architectural

engineering division of The Institution of

Engineers (India) or statutory body governing

such profession as & when established

A2.2.1 Competencies

Registered engineer shall be competent to

carryout work related to building / development

permit as given below

a All plans & information connected with

building permit



b Structural details & calculation of buildings

on plot up to 500 sqm & up to 5 stories or 16

m in height

c Issuing certificate of supervision &

completion of all buildings

d Preparation of all service plans & related

information connected with development permit

e Issuing certificate of supervision for

development of land for all area

Issue 6

A-2.3 Structural engineer (Refer to Petitioner’s

Exhibit PE 10)

Minimum qualification for a structural engineer

shall be graduate of civil engineering of

recognised Indian or foreign university or

corporate member of civil engineering division of

The Institution of Engineers (India) & minimum 3

years experience in structural engineering

practice with designing & field work

Note- 3 years experience shall be relaxed to 2

years in case of post-graduate degree of



recognised Indian or foreign university in branch

of structural engineering

In case of doctorate in structural engineering,

experience required would be one year

Competence

Registered structural engineer shall be competent

to prepare structural designs, calculations &

details for all buildings & supervisions

A2.3.1.1

a In case of buildings having special features

as decided by authority, which are within

horizontal areas & vertical limits specified

in A2.2.1 (b) & A2.2.1.(a ) shall be designed

only by structural engineers

Unquote

(Explanation by petitioner)

NBC 2005 has rightly included competencies, related

to Civil Engineers / Structural Engineers

Civil Engineers



1 Structures are designed & executed by civil

engineers all over globe, which profession should

be granted its rightful role on buildings now

2 Therefore, in India also, all structures of all

types should be entrusted for design &

construction to Chartered Civil Engineers only

3 All Building projects all over India should be

carried out only by Chartered Engineers (India)

Civil

4 Description, pertinent Engineer’s qualification,

defining Graduate Engineer Civil or Architectural

Engineering or Corporate Member of The

Institution of Engineers (India) is misleading,

since Corporate Member of The Institution of

Engineers (India) is by Royal Charter entitled

Chartered Engineer (India) & therefore,

professionally, located much above Graduate

Engineer qualification

5 Architect should confine to building architecture

role, space designs & coverings/ envelope only

Para U



Issue 6

(Refer to Petitioner’s Exhibit PE12)-COA Objections

About BIS 2015

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

1 On December 23rd 2015 Council of Architecture

filed one letter communication with BIS regarding

part 2 Administration, related to qualification

of Engineers & Structural Engineers

2 Council of Architect recorded that only

Architects are professionals & Engineers are not.

Professional/s

3 Council of Architecture recorded that BIS had no

power / authority to decide on qualifications of

Architects, Engineers & Structural Engineers

4 Council of Architect recorded impliedly that only

Architects had to work statutorily on buildings

Para V

Issue 6

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

About COA July 14th 2016



1 A mail was sent to The Institution of Engineers

(India) incorporated by Royal Charter 1935

inviting its attention to issue of Comprehensive

Architectural Services per Regulations notified

on May5th1989 under Architect Act 1972 mandate

Para W

Issue 6

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

July 31st2016+IEI

1 Foregoing E mail included in PE1 was forwarded to

Council of Architecture, requesting to resolve

issue or else a PIL shall be filed

Para X

Issue 6

(Refer to Petitioner’s Exhibit PE3)-Grievance Status

Against COA Filed With PMO-July 17th 2016

1 Issue of Comprehensive Architectural Services,

per Regulations notified on May11th1989 under

Architect Act 1972 mandate was filed on PMO

honourable PM interaction portal



2 Action by PMO-Incorrectly, case was forwarded to

Government of Haryana Chandigarh on July 18th

2016, which government is not competent to decide

relevant issue.

Para Y

Issue 6

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

Ministries Law+HRD+UD, Regarding COA July 28th 2016

1 Issue of Comprehensive Architectural Services per

Regulations notified on May11th1989 under

Architect Act 1972 mandate was filed by mails

with honourable ministries of Law, Urban

Development, Human Resources & Development GOI

Para Z

Issue 6

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

Speaker Lok Sabha COA July 28th 2016)

1 A mail was sent to honourable speaker of Lok

Sabha, regarding Issue of Comprehensive

Architectural Services, per Regulations notified

on May11th1989under Architect Act 1972



2 Action-No action intimated yet

Para AA

Issue 7

1 Role related to Building Civil Engineers/Building

Structural Engineers & Building Services Engineers

2 Detailed Explanation

Regarding Qualified Civil Engineers, further

explanation is given as follows

a Engineering activities carried out, effected &

conducted in India / Bharat should be controlled

& regulated by mandate per Royal Charter of ‘The

Institution of Engineers (India)’, head office of

which is located at ‘8 Gokhale Road, Kolkata

70020 URL www.ieindia.org

Issue 7

3 The Institution of Engineers (India) (Refer to


a Brief Background of ‘The Institution of Engineers

(India)’

b Consequent upon recommendation by Indian

Industrial Commission, was Established in 1920




under Indian Companies Act, ‘The Institution of

Engineers (India)’

c In 1935, The Institution of Engineers (India) /

abbreviated as IEI had been granted Royal Charter

of Incorporation by HM King George 5th

4 Objective under Royal Charter of IEI

4.1 Objective of IEI Royal Charter has been as

briefly enumerated hereunder, vide Article 2 or

Present 2 included, within this charter, quoted as

Issue 7

4.2“The objects and purposes for which the

Institution of Engineers (India) (hereinafter called

“the Institution”) is hereby constituted are to

promote the general advancement of engineering and

engineering science and their application in India

and to facilitate the exchange of information and

ideas on those subjects amongst the Members of and

persons attached to the Institution and otherwise,

and for that purpose –

Issue 7



(a) To promote and advance the science, practice and


(hereinafter referred to as “Engineering”) in India.

Issue 7

(b) To establish, subsidise, promote, form and

maintain local Associations of members belonging to

the Institution and others engaged or interested in

Engineering, so as to assure to each individual

member as far as may be possible, equal opportunity

to enjoy the rights and privileges of the

Institution.

Issue 7

(c) To diffuse among its members information on all

matters affecting Engineering and to encourage,

assist and extend knowledge and information connected

therewith by establishment and promotion of lectures,

discussions or correspondence; by the holding of

conferences; by the publication of papers,

periodicals or journals, books, circulars and maps or

other literary undertaking; by encouraging research

work; or by 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.

Issue 7

(d) To promote the study of Engineering with a view

to disseminate the information obtained for

facilitating the scientific and economic development

of Engineering in India.

Issue 7

(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.

Issue 7

(f) To encourage, regulate and elevate the technical

and general knowledge of persons engaged in or about

to engage in Engineering or in any employment manual

or otherwise in connection therewith and with a view

thereto to provide for the holding of classes and to



test by examination or otherwise the competence of

such persons and to institute and establish

professorships, studentships, scholarships, rewards

and other benefactions and to grant certificates of

competency whether under any Act of the Government of

India or Local Governments regulating the conduct and

qualifications of Engineers or otherwise howsoever.

Issue 7

(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.

Issue 7

(h) To encourage inventions and investigate and make

known their nature and merits.

Issue 7



(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.

Issue 7

(j) To promote efficiency and just and honourable

dealing and to suppress malpractice in engineering.

Issue 7

(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.”


Whereas, Article or present 16 empowers every

corporate member of this institution to take or use

name & title Chartered Engineer (India)

Issue 7

Article 16/Present 16

“Every person being at any time a Corporate Member of

the Institution may so long as he shall be a



Corporate Member take or use the name or title of

“Chartered Engineer (India)”.”


a By virtue of foregoing provision under Article 16

of IEI Royal Charter 1935, every Chartered

Engineer (India) is empowered & authorised as

such, to practice engineering business for

meeting mandated provisions, which being

enshrined within IEI Royal Charter provisions, as

indicated in brief below

Issue 74.3 “to promote the general advancement of

engineering and engineering science and their

application in India and to facilitate the exchange

of information and ideas on those subjects amongst

the Members of and persons attached to the

Institution and otherwise, and for that purpose –

Issue 7

(a) To promote and advance the science, practice and


(hereinafter referred to as “Engineering”) in India.




a For information to benefit of Hon court, this

institution is abbreviated for writing purpose as

IEI, while it regulates 15 engineering branches

4.4 Reference on IEI URL

Issue 7

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

Issue 7

Chartered Engineer (India)

Eligibility Criteria for Chartered Engineer

Any Life Corporate Member of the Institution of

Engineers (India) can designate himself as a

Chartered Engineer (India)

Para AB

Issue 7

Role of Chartered Engineers (India) Petition

Submission Starts

1 Whereas, in spite of fact that IEI is an existing

‘Royal Chartered Engineering’ body in India & has

been functioning as such, since 1935, with status

as ‘Royal Chartered’ body, whereas, it is also, a

fact that said ‘Royal Charter 1935’ granted to



IEI, has not been either repealed or amended or

dissolved or destructed by any other mandate,

post 1947/ post coming into force Constitution of

India in 1950 & whereas, possible application of

constitutional article 372 & 372A for, either

amendment or repeal, was not affected by then

Honourable President of India, which state of

this Charter confirms that IEI Charter 1935

continues to be protected in its legal force, as

contained & enshrined within its approval, grant,

letters patents & warrant

Issue 7

2 Whereas, Also, legal status of this Royal

Charter, by constituted script of language,

suggests, defines & confirms that it is a

Constitutional document in form of Public Record,

duly caused with letters patents, warranted by HM

then King George 5th, which still continues to be

in force,

Issue 7



3 Whereas, all state governments & municipalities

in territory of India, by written byelaws or

regulations, mandate that Civil Engineers to

engage on work in respective territory are

required to be mandatorily enrolled on respective

local authority registers to claim as licensed

engineers

Issue 7

4 Whereas, ‘Schedule 12’ within constitution of

India, which mandates/defines Municipalities

Charter, does not empower municipalities to

regulate Engineers at any locations/description

or provisions out of enshrined 18 # included

provisions on this schedule

Issue 7

5 Whereas, no other provisions, anywhere, within

any other law/s or statute in force in India,

also, mandates any state government to regulate

engineers & engineering practice,Yet, facts &

prevailing practice has/have been that all

municipalities, relevant development authorities



& state development Authorities/state Governments

operate a specific practice to register engineers

as well as, control engineering profession, in

particular, pertinent civil engineers & building

design & erection discipline of whatever nature

or activities, In spite of facts that regulation

of engineers & regulation of engineering

activities has/have been mandated/endowed onto

IEI, by virtue of provisions include within IEI

Royal Charter 1935

Issue 7

6 Due to non-allowance given by all such

municipalities, state development authorities &

state governments, it is not permissible for

engineers to work in engineering, either on

business activities or on practice, without

obtaining these municipal or local authorities /

bodies issued ‘arbitrary licences’ to practice,

by condoning or neglecting/superseding IEI Royal

Charter ‘Chartered Engineer (India)’ status

Issue 7



7 During past & yesteryears, some states for

example UP & Kerala relevant bodies/authorities

have allowed by circular notifications, IEI

Corporate Members/Chartered Engineers (India),

attached to Civil Engineering divisions of IEI,

to freely practice engineering in respective

territories, without obtaining any such local

licenses from, whatever such, either local bodies

or authorities

Issue 7

8 All Chartered Engineers (India)/IEI Corporate

Members, as such have been suffering at illegal

actions resorted to by all such municipalities,

state authorities & state governments, who do not

allow Chartered Engineers (India) to work in

engineering discipline & particularly, in civil

engineering branch, on ‘Designs & Erection of

buildings & town layouts’,

Issue 7

9 Whereas, it is submitted to Honourable Court that

Chartered Engineers (India) is a competent



designation, which allows, in accordance with

provisions within IEI Royal Charter 1935, to

practice engineering by all 3# classes or grades

of IEI Corporate Members/Chartered Engineers

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

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

effective since 1935 & FIE(India) title

designation added in 1974 by amendment to IEI Bye

Laws, whereas AMIE(India) election criteria

being, an Engineer qualified with an engineering

degree with 5 years attained practical experience

to be entitled AMIE(India), MIE(India) election

criteria being, an Engineer qualified with an

engineering degree with 10 years attained

practical experience to be entitled MIE(India),

while one more FIE(India) election criteria

being, an Engineer qualified with an engineering

degree with a minimum from 15 to 20 years

attained practical experience to be entitled

FIE(India)

Issue 7



10Whereas, in addition to foregoing three classes

of Chartered Engineers (India), AMIE(India)

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

engineers at national & international level, are

regularly, enrolled, which are by designation

defined as, one

a.‘Professional Engineer (India)’ being open to

Engineers from all recognised societies in India

&

b.Other being ‘International Professional Engineer

(India)’ open to all Professional Engineers,

already approved as ‘Professional Engineers

(India)’ &

c.Whereas, it is further recorded that designation

‘International Professional Engineer (India)’ is

certified by IEI, based on IEI status of having

permanent membership with IPEA body under

International Engineering Alliance, (Refer to

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

where IPEA is in its full form, read as

‘International Professional Engineers Agreement’,



which currently incorporates on its current list

15 nations’ representatives only, including

India, represented by ‘The Institution of

Engineers (India) constituted by Royal Chartered

1935’, while other representatives includes,

namely US, UK, Australia, Canada, South Africa,

China, Japan, German, Korea etc.

d.By definition published on IEI Website

www.ieindia.org ‘A professional engineer (P Eng)

by definition is one, whose academic

qualification & experience will be in conformity

with internationally mutually acceptable

standards’.

e.After evaluation of competency by National

Committee of relevant engineering discipline,

applicant engineer is certified as a

“Professional Engineer” by a Board for

Certification of Professional Engineers (BFC).

f. A Professional Engineer may be designated as

Int.PE (India) i.e. International Professional

Engineer (India) subject to meeting evaluation



criteria, payment of fee for transfer to Int.PE

register solely, at discretion of Board for

Certification. Those applicants, who apply for

transfer to Int.PE (India) register in prescribed

form along with transfer fee as applicable will

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

assessment. Applicants will be interviewed by

respective National Committees on International

Procedures/Codes/Practices. However, if

applicants seek a transfer to Int.PE (India)

register at a later date, they will be assessed

separately on receipt of application for transfer

to Int.PE register, along with prescribed fee and

other charges, as applicable.

https://www.ieindia.org/PEInfo.aspxPROFESSIONAL ENGINEERS &

INTERNATIONAL PROFESSIONAL ENGINEERS CERTIFICATION

To know how to become a 'Professional Engineer /

International Professional Engineer' with IEI,

Engineers whose qualification is BE/B.Tech or

equivalent, recognized by Statutory Authority or

Government of India and who are having 7 years or


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


more experience, out of which, professional

experience of 2 years in a responsible position of

a significant engineering activity, having

membership of a recognized professional society and

having maintained continuous professional

development at satisfactory level, can submit

application in prescribed format to Secretary,

Board for Certification. The Institution of

Engineers (India), 8 Gokhale Road, Kolkata 700 020.

Assessment PE(India) & IntPE(India)

Assessment of application including Assessment

Examination is conducted by national committees

of different engineering disciplines formed by

Professional Institutions in country under

supervision and directions of an independent

'Board for Certification'.

It is mandatory for Professional Engineers/IntPE

Engineers to abide by Code of Ethics as

formulated.

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

PEGuidelines.pdf


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

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


3. Qualification for Certification as Professional

Engineer

3.1 Basic Requirements for certification as

Professional Engineer

i) Bachelor’s Degree in Engineering or equivalent

recognised by Statutory Authority or Government

of India;

ii) Experience of 7 years in engineering

practice;

iii) Professional experience of 2 years in a

responsible position of significant engineering

activity;

iv) Persons of good character;

v) Membership of recognised professional

engineering institution/association;

vi) Passed Assessment Examination as prescribed;

vii) Maintained continued professional

development, since graduation at a satisfactory

level;

viii) Undertakes to adhere to Code of Ethics;



ix) Makes a formal application with prescribed

fee.

3.2 Exemptions for Experience for Professional

Engineer

i) Credit up to 12 months of experience may be

given if he/she has a Post Graduate Engineering

Degree or equivalent, recognised by

MHRD/UGC/AICTE;

ii) Credit up to 24 months of experience may be

given if he/she has also obtained a PhD Degree

recognised by MHRD/UGC/AICTE;

iii) Maximum exemption for higher education shall

not exceed 24 months including Post Graduation

Degree and PhD.

Competency

3.3 Requirements of Competency for Professional

Engineers

i) Application of engineering theory, standards

and practices;

ii) Management of engineering works including

personnel & financial aspects;



iii) Communication skills;

iv) Understanding of broader social and legal

implications of engineering profession;

v) Continuous development in engineering

profession;

vi) Demonstration of concern for sustainability,

occupational health, safety and welfare.

3.4 Additional Requirements for International

Professional Engineering Certification:

i) Good knowledge of International

codes/standards.

ii) Conversant with International

practices/procedures in engineering.

iii) Demonstration of capabilities to be an

International Professional Engineer to

satisfaction of respective National Committee and

Board for Certification.

Issue 7

11Therefore, keeping abreast foregoing provisions &

National & International Professional Engineers

Quality standardisation procedures in effect



practically, and whereas such high profile status

competent engineers are already available with

duly certified documents, should there be left

certain other requirement that states or

municipalities & authorities register further

these enrolled engineers on local arbitrary

created registers, having no, either statutory

basis or statutory defined principle or

procedures?

Issue 7

12Not allowing Chartered Engineers (India) &

Professional Engineers (India) to practice

Engineering in India, amounts to clear violation

of Constitution of India Article 19(g), which is

included as a fundamental right to work, within,

either carrying out profession or carrying out

professional business

Issue 7

13Such violation of fundamental right is required

to be prevented in future, for which a remedy to

achieve IEI mandated objective of rightful



application of ‘Engineering & Engineering

Sciences in India’, Honourable supreme court is

moved with this prayer to issue direction in form

of applicable & suitable order in this regard or

preferable, ‘Writ Quo Warranto’ on to all,

Government of India, Government of all States,

All Development Authorities, All Local bodies/All

Municipalities & others, whosoever, would be

referable / applicable in its relevance & all

others, further relevant as such,

a.Direction warranted upon by Honourable court

shall assist in managing control over

‘Engineering regulations’ & ‘Engineers

regulations’ together, which would conveniently,

suit good public interest, for public would

receive competent quality engineering services

from & by all engineering branches &

particularly, related to Civil

Engineering/Buildings Design & Erection, directly

by competent Chartered Engineers (India) &

Professional Engineers(India) & not through



Architects exclusively only, as has been defined

by statutory regulations, constituted by/under

‘Comprehensive Architectural Services’ per & in

pursuit to 1998 May11th1989 definition en list,

under Architect Act 1972, since Chartered

Engineers (India) intend to serve public in India

directly for promotion & applications of

Engineering/Engineering practice / business in

all its branches

b.Designs & Construction of buildings is very

complex & specialist Engineering discipline,

which requires thorough knowledge & experience /

Engineering attainment & not simply gained

elementary knowledge, so that by professional

engineering applications on proposed buildings as

well as, buildings requiring seismic retrofitting

process, public receives quality professional

service with added value engineering & buildings

delivered are/would be professionally designed &

professional construction managed structures,

while application of simple cosmetic decoration &



superficial elevation attraction is not adequate

for reliability criteria(safety + serviceability

+ durability) of building in long run, which

application of simple cosmetic decoration &

superficial elevation attraction is always given

as an exclusive offer, every architect intends to

deliver to a building owner.

c.Proportionally, structure element does not cost

excessively in comparison to gross cost to be

spent on building, but public & honourable court

should realise that requirement of reliable (safe

+ serving + durable) structure is very

significant & must be given preference on its

quality of design & construction, & not simply

considered/admitted that a Chartered Engineer

(India) is bound by dictates of an architect

under misconceived, illogical & irrelevant

provisions mandated under Architects Act 1972 &

its constituted regulations under title

Comprehensive Architectural Services notified on

May11th1989 & in pursuant thereto, which



provisions encroach upon professional roles to be

undertaken by Chartered Civil Engineer/Structural

Engineers & other Chartered Building Services

Engineers & therefore, these irrelevant roles

included under Comprehensive Architectural

Services May11th1989 & in pursuant thereto are

required to be declared void, while an Architect

should be allowed to work exclusively on

architectural designs of buildings & avoid

contravening / violating other engineering

disciplines professional roles / dischargeable

obligations

d.In interest of receiving safe, serving &

durable/robust structure, Chartered

Engineers(India) as Civil Engineers should be

utilised or hired directly by building owners &

not through an Architect, which if appointed by

an Architect, situation leads to subjugation of

engineering requirements under control of

Architect, where Civil Engineer does not feel

professionally independent to work on buildings



designs & construction, & which if Civil Engineer

is directly appointed by Owner or Client,

building production works within an optimum

budget as well as, where an Engineer could take

professional decisions on engineering

considerations, so as to produce a functional

system of building structure, which structural

system cannot be decided by whims & fancies of an

Architect

Issue 7

14Further added for full assistance to court that

Civil Engineering comprises of setting out

building plans, designs, working out structural

designs, planning, scheduling, supervision/

superintendence, application of quality assurance

requirements/safety during design consideration &

safety during erection stages under civil

engineering project management discipline, issue

of completion certification & issue of stability

certificate, pertinent all kinds of buildings,

red line marked drawings, as built drawings,



production of dossiers for completion &

maintenance, development works, roads/bridges,

railways, public health or environment, water

resources, oil plant facilities,

estimation/quantity surveying including work done

valuations, existing buildings current

valuations, relevant conduct of arbitration

mechanism for contract involved disputes

resolutions, arbitration management consultancy,

other public & private works, etc. which all

works & activities add contribution to national

development in all respects

a.For corroboration of respecting foregoing points

of explanation, all such fields require, scheme

concepts, design philosophy, contemplation of

requirements & respective projections, designs,

sustainability of designs, working designs,

method statements related to all disciplines,

retrofitting activities, specifications designs

general, project & particular all, contract

designs in relevance to FIDIC or otherwise,



contract administrations, contract completion,

member engagement on dispute resolution board,

dispute resolution management consultancy,

disputes resolutions mechanism/arbitration & all

other relevant activities & operations required

to be operated by competent Chartered Engineers

(India)

b.All foregoing activities & operations, within

ambit of engineering business, certainly require

engagement of competent engineers to carry out

such works, so as to reach project building to be

carried out to complying with designs & all

considerations to be intended to its use

successfully & throughout its decided life

Issue 7

15Chartered Engineers (India)/IEI Corporate Member

enrolled in accordance to IEI Royal Charter 1935

are authorised, duly qualified in all respects,

so as to do in engineering & its business

Issue 7



16Therefore, Honourable Supreme Court is prayed to

devise a direction to Government of India, all

state governments, all such state governments

authorities & all authorities, other authorities

& others, as relevant in India to direct them in

all required aspects & respects, to comply with

provisions, included within IEI Charter 1935, so

that Chartered Engineers (India) from respective

branches of engineering may be able to be

publically required, legally, to work on

engineering activities, so as to realise in

reality ‘role of engineers’ in society &

contribute onto ‘national development’

Issue 7

17Just for purpose of information of reference, it

is brought to Honourable court’s attention that

in year 1833,

a.Ministry of Law Government of India had been

established by Royal Charter 1833,



b.While in 1862 Honourable High courts of Bombay,

Madras & Calcutta had been established by Royal

Charters &

c.All such granted Royal Charters of Honourable

High Courts have still been in force, without

any dissolution or repeal or annulment

Issue 7

18It is also, added for assistance to Honourable

court that IEI Royal Charter 1935 classifies IEI,

due to its involvement in public interest &

disposing state responsibilities, including its

mandated roles, as a regulatory body

a.To test by conducting examinations to grant

certificate of competencies to engineers, for

whatever description required, under any

Government of India Act or whatever other Acts or

Laws, applicable for time being in India &

b.For attaining advancement, promotion &

application of engineering & engineering sciences

in India &



c.Being a unique Chartered, Letters Patented &

Warranted Engineering Regulation & Control body

in India, it enjoys status of ‘State’ under

Article 12 of Constitution of India, since

petitioner understands that IEI Charter 1935 is

an approval of invested power with IEI, endowed

by then Ruler of Britain & India HM King George

5th, by his Royal Prerogative & by all other

powers so to do, which means, it is an enactment

ordered by HM King George 5th an i.e. an ‘Order In

Council’, which means that IEI Charter 1935 being

a ‘Primary Legislation’ & whereas, such Royal

Charter approval was declared as an ‘Order in

Council’, which had been operated per procedure,

to constitute certain ‘Constitutional

Documentation’, coming under ambit of definition

of Law, mandated by Article 13 of Constitution of

India & therefore, IEI Royal Charter 1935 was &

therefore, is certainly, constructed by, enjoying

Force of law, statute & Constitution of India &

deemed entrenched therein



d.Whereas, certain qualified Civil Engineers in

India/Bharat, in public interest have/had moved

formal petitions onto August house of ‘Rajya

Sabha’ ‘Petition Committee’ in year 2003 & 2012,


i. Namely by P Eng Suraj Singh, himself being one

of Litigants in this case, in 2003 requiring

issue of Notification by Government of

India/Parliament of India, to permit

Professional Engineers (India) & Chartered

Engineers (India) carry out related

professional activities (Transcript of

Petition & details of follow up actions,

provided in later part of this petition (Refer

to Petitioner’s Exhibit PE 13) & since then no

action has been resorted to by Government of

India as well as, not resorted to by August

house of Rajya Sabha

ii. Following thereafter, also, had been applied

under RTI Act 2005 by Eng Altaf U Batliwala to

Honourable Law Ministry/Home Ministry/Attorney



General of India/Ministry of Corporate

Affairs, praying/appealing to ensure

Constitutional Legal status,

pertinent/respecting IEI Royal Charter 1935,

but no response/statutory provision/valid

reliable information, received on any of

foregoing petitions as well as, on filed

applications

iii. Also, in 2012 filed one petition by Eng Altaf

U Batliwala onto August House of ‘Rajya Sabha’

seeking to ensure IEI Charter Constitutional

legal status & thereafter, but no concrete

results were achieved

iv. (Refer to Petitioner’s Exhibit PE4)-Grievance

Status CE, PE Filed With PMO-July 27th.2016

Filed with PMO honourable PM inter-action portal

issue, related to Chartered Engineer (India) &

Professional Engineer (India) for a decision &

to issue public notification

Action to this Grievance by Hon Human Resources

& Ministry



Official communication received by SMS on August

9th 2016, which confirmed that case was closed,

since The Institution of Engineers (India) was

not recognised for higher education by Hon

Ministry of Human Resources & Development (Refer

to Petitioner’s Exhibit PE4)

Para AC

Issue 7


This information contains necessary material facts

To IEI Communications dated August 2 nd .2016

An E mail communication was sent to The President,

The Institution of Engineers (India) on August 2nd

2016, related to Civil Engineers competencies for

purpose of public to know, about what Engineers can

do for them

Transcript is given below

Issue 7

The President

August 2nd .2016

The Institution of Engineers (India)



8 Gokhale Road 700020

[email protected]

Subject-

1 Designs & Constructions of Buildings in India

2 Architect Act 1972 & under it Constituted

Regulations ‘Comprehensive Architectural Services

1989 notified on May 11th1989’

3 Competencies related to Chartered Engineers

(India) Civil

Issue 7

Respected Sirs,

1 In relation to foregoing subject, mails were

forwarded to IEI

2 This issue has significance to an extent that

practice by Corporate Members IEI & thereby

Chartered Engineers (India) Civil on buildings

does not practically exist in India at national

status as Engineering Professional Practitioners,

whose profession is certainly a part of mandate

under IEI Royal Charter 1935, which covers



advancement, promotions & business in all

branches of Engineering in India

3 Competencies related to Chartered Engineers

(India) Civil on Designs & Construction of

buildings has been adversely affected since

Regulations ‘Comprehensive Architectural Services

1989 notified on May 11th1989’under provisions of

Architect Act 1972

4 Unfortunately, Chartered Engineers (India)

community remained unaware about these

regulations, which were constituted under said

statute, duly approved by Council of Ministers &

Parliament of India, per existing provisions

under Architect Act 1972

5 Initially, in 1972, no such provisions had been

included within Architect Act 1972, which

provisions mandate protection of Architect title

& matters connected therewith

Issue 7

But 17 years later in year 1989, Council of

Architecture a statutory body under said Act



managed to integrate aforesaid reference

Regulations under mandate of Architect Act 1972

6 These regulated provisions allow architects to

carry out profession, related to design,

construction & supervision over construction,

respecting all involved building engineering

disciplines, including building structures,

building services & others whatsoever

7 Architects are mandated to get clients & deal

with client, while no other professional as such,

is allowed to get clients from anywhere, which

means that only, on an exclusive basis,

Architects are designated professionals, while

other Engineers from other Engineering

disciplines are not treated building engineering

professionals

8 Same constructive interpretation was recorded

with Bureau of Indian Standards on December

23rd.2015 regarding National Building Code 2005

part 2 Administration, included competencies,

related to professionals to be engaged on



buildings such as Engineers, Structural Engineers

etc..

Issue 7

1 Council of Architecture does not treat Engineers

as professionals on buildings, but their

professional clerical assistants, which is a

great insult caused to engineering community

through statute Architect Act 1972 & constituted

regulations under that as aforesaid (Refer to

Petitioner’s Exhibit PE12-Response by Council of

Architecture to BIS-Quote-12.9-Presently only

Architects are statutorily Registered &

therefore, Reference to Registered Engineer is

imaginary & illegal-Unquote & Against Annex A

response-Quote-It is only an Architect who is

statutorily Registered & Regulated. Therefore,

calling Engineers etc. as Registered Professional

Is Illegal-Unquote)

2 Whenever certain publicity is issued by whatever

government in India, only Architects are invited

for submission of Building related projects & no



invitation is given to Chartered Engineers

(India) or Professional Engineers (India) or even

other non registered Engineers, related to

engineering activities or operations

3 Indeed, Council of Architecture has badly played

with entire Civil Engineering Community, without

any notice taken, either by IEI or by Chartered

Engineers (India) Corporate Members IEI & by

other Engineers

4 It is regretful to record that IEI based upon

statutory provision, mobilizes 2# corporate

members to be integrated members on statutory

Council of Architecture, while it is assumed that

these 2# corporate members were available in

council meeting during finalizing by Council of

Architecture, about these statutory Regulations

in 1998 & related controlling activities

conducted thereafter & up to that day, when

Engineering activities were placed by Council of

Architect under Comprehensive Architectural



Activities/Scope of Architect (Refer to

Petitioner’s Exhibit PE17b)

5 It is not understood about, why these Corporate

Members IEI constituting part on Council of

Architecture did not object inclusion of all

discipline engineers roles under Comprehensive

Architectural Services, which has completely

deteriorated professional status of Engineers to

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

a Civil Engineer left to be played on Buildings

Designs & Constructions, since all duties have

been pulled by Architects under their scope of

responsibilities, whereas, Civil Engineer is

neither invited for buildings by anyone nor

involved on buildings in capacity as a

professional practitioner on designs &

supervisions on buildings Engineering

Issue 7

6 Architect Act 1972 is a Special Act at national

level that would certainly weigh over all other

state laws & state bye laws that have no



constitutional power & authority to decide

competencies of building engineers

7 Even Bureau of Indian Standards can issue only

Guide lines to be followed by adoption if state

so pleases & cannot force them comply with by all

state level bodies & BIS has no statutory power

to enforce all such Guide lines itself

8 Even Model Building Bye Laws ‘Appendix E’ issued

by Urban Development Ministry in 2016 covers

repetition of competencies included on National

Building Code part 2 Administration, yet these

are only authentic guidelines, having no force of

implementation at all.

9 The Institution of Engineers (India) has been

constituted by Royal Charter 1935, which is

having force of a statute & is constitutional in

its legal status

10IEI is empowered to test candidates & issue

professional engineering competencies

certification, which IEI has been affecting since

1935 successfully, whether it be



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

Engineer (India) since 1935 or Professional

Engineer (India) since 1995

11Empowerment of IEI for Competencies

Certification, invests IEI with framing policy,

related to deciding Professional Competencies,

regarding all Engineering disciplines, so that

public know, about what Chartered Engineers

(India) can do for them discipline wise

Issue 7

12Competency certificate should speak & notify

about professional power that engineer can work

for & deliver to public & clients

13It is not in professional interest of IEI &

Engineers that Municipalities & other authorities

should decide what engineers should carry out in

profession of engineering, based on these

competencies titles

14Therefore, IEI should take initiative & lead

nation on similar grounds as Council of

Architects have done in 1989 & thereafter, to



protect profession of Engineering, since IEI

Royal Charter 1935 mandates that IEI can do

whatever is conducive in interest of Engineering,

as a matter of framing policy in national &

social interest

15Expected that IEI shall serve Engineering

community, so that best professional service

could be extended to public with trust & goodwill

16Howsoever, engineering community has understood

that no authorities in government would decide in

favour of Engineers, since Engineering community

is no vote bank, which means that Engineers may

resort to knocking Indian Courts for resolution

if nothing happens positively

Regards

Eng Suraj Singh

Para AD

Issue 7


This information contains necessary material facts



Reproduction of Transcripts of Petition filed with

Council of States (Rajya Sabha)

To

19.5.2003

The Council of States (Rajya Sabha)

Forwarded to Secretary General Rajya Sabha,

Parliament House, New Delhi

The petition of Suraj Singh IEI Registered

Professional Engineer (India)

Under the Rules of Rajya Sabha

Matter of general public interest for the

consideration by The Committee on Petitions

Sheweth

GOVERNMENT OF INDIA- Chartered Engineer Certification

Reference MINISTRY OF COMMERCE AND INDUSTRY, DEPARTMENT OF

COMMERCE, DIRECTORATE GENERAL OF FOREIGN TRADE, POLICY CIRCULAR NO 14/2002-2007,

Dated: 27thNovember 2002

It is a well known fact that Registered Chartered

Engineers (India) & the

Professional Engineers (India) on

the roll of the corporate members of the Institution of

Engineers (India) incorporated by Royal Charter



1935 comprising 22 presents are rightful & privileged to

carry out engineering science application business &

professional engineering practice in India in all engineering

branches according to the specialized recognized discipline

per

[The Institution of Engineers (India)

divisional attachment]

But the municipalities, local bodies & other public

authorities in general show the ignorance pertaining to this

fact & insist that the Chartered Engineers

(India) & the Professional

Engineers (India) get another registration

with the relevant body under no provision of any national

statutory reference. The engineers are forced to do so as most

of these professionals are either not registered with IEI or

do not elect to dispute those relevant authorities

disregarding direction by this special law.

Prayer

It is prayed upon the august House of Parliament, the council

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

Government of India notify to refresh all the relevant

authorities of the Indian Institutions, Courts, Government of

India, local bodies, municipalities, private & in general

public & others accept as legal document Chartered

Engineers Certification/



Professional Engineers

Certification wherever it is statutorily required

such as for the submission/approval of the building plans,

systems designs, engineering plans, engineering designs,

calculations, construction drawings, all contract documents,

construction methodology statements, quality assurance

documents, safety & environment controls, technical controls,

valuation, product total quality, process, supervision ,

stability, completion, estimates, project reports, services,

investigation reports etc. but not limited to these. All

these operational provisions to be

conducted are enshrined within IEI

Charter Scheme effective 1935 & still in

force.

Name of petitioner

Address Signature

Suraj Singh PE 28

IEI Corporate Member MIE 046231/9

Indian citizen

3373 Delhi Gate, New Delhi 110002, 011-23261748, 9810088592, E mail

[email protected] May 19, 2003

Para AE


Issue 7...............This information contains

necessary material facts

Transcript of a communication received from Rajya

Sabha on July 24, 2003




July 24, 2003

Received a letter from Rajya Sabha on July 24, 2003 the contents of which have been given belowPARLIAMENT OF INDIA /RAJYA SABHA SECRETARIAT/Telegram “PARISHAD”/Fax: (91 11) 3014948/3015585/3012376 PHA(91 11) 3792940/3011207/3793376 PHTelephone:/ Website: http://parliamentofindia.nic.in/Email: [email protected]/Parliament House/Annexe New Delhi 110001No: RS. 2(6)2003-Com-II Dated the 23rd

July, 2003From

G.C.Miglani, Deputy SecretaryToShri Suraj Singh, IEI Registered Professional Engineer (India)3373, Delhi gate, New Delhi-110002Sub- Making it mandatory for Indian

Institutions/Municipalities etc. to accept IEI

Chartered Engineer/Professional Engineer

Certification- petition regarding.

Sir,

I am directed to refer to your petition dated May 19,

2003 on the subject cited above & to state that the

views/comments of the Ministry of Commerce &

Industry, Govt of India on the issues raised in your

petition were invited & the Ministry(Director General

of Foreign Trade) has inter alia, informed that the

Director General of Foreign Trade (DGFT) is concerned



http://parliamentofindia.nic.in/


with the issues relating to imports/exports & the

procedural requirements thereto & that it has

prescribed submissions of Chartered Engineer

Certificate in the Handbook of Procedures (Volume 1)

for various purposes like advance licence, where

input/output norms are not fixed & for service

industry under the EPCG scheme, where the imports are

restricted. The proposal to accept the IEI

Certificate for specified activities under the EXIM

Policy along with the Chartered Engineer Certificate

can be considered provided such certification meets

the procedural requirements. The Ministry has desired

that in order to enable them to examine the request

on merits, IEI should submit the detailed literature

about their activities/recognition/affiliation etc.

to DGFT.

I am, therefore, to request you to take necessary

action in the matter accordingly & have the detailed

literature about the activities of IEI, their

recognition & affiliation etc. forwarded to the

Director General of Foreign Trade (Shri Anil



Aggarwal, Deputy DGFT) under intimation to this

Secretariat.

Yours faithfullySd/- (G.C.MIGLANI) DEPUTY SECRETARY PHONE: 23034557E-mail [email protected]

Para AF


Issue 7............... This information contains

necessary material facts

(Herein are transcripts of communication/response

letter posted by IEI to DGFT & Parliament on

4.8.2003)

Institution of Engineers (India)(Established 1920, Incorporated by Royal Charter 1935)8 GOKHALE ROAD, KOLKATA –700 020, INDIA

HOLOGRAMCdr A.K. Poothia, IN (Retd.) Phone (91) (33) 2223 8230Secretary & Director General Fax (91) (33) 2223 8345E-mail [email protected]

Ref: Memb/SDG/CE/PE-106 August 04, 2003Issue 7The Director General of Foreign Trade,Ministry of Commerce & Industry,Department of Commerce,Udyog BhawanNew Delhi- 110 011 Attn: Shri Anil Aggarwal, Deputy, DGFTDear Sir,



Sub: Making it mandatory for Indian

Institutions/Municipalities etc. to accept IEI Chartered

Engineer/ Professional Engineer Certification

Please refer to the letter no. 2(6)/2003-Com-II dated 23rd

July, 2003 from Dy Secretary of Rajya Sabha secretariat (copy

attached) on the subject.

2. The Institution of Engineers (India) established in

1920, granted Royal Charter in 1935, is a learned

Society of Engineers engaged in the advancement of

Engineering Science & practice. Its main activities can

be divided into two parts-firstly, assisting aspiring

engineers to become Chartered Engineers, and secondly,

providing a Learned Forum to qualified engineers to keep

themselves abreast with developing engineering knowledge

and advancement in different branches of technology by

exchange of information amongst members and maintaining

high standards in the practice of their profession. A

copy of the Royal Charter is enclosed.

3. To cater for the first activity mentioned above, the

Institution conducts examinations known as Sections “A”

and “B” of the Institution examinations, twice a year at

various centres spread all over the country. Passing of

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

brings the candidates academically at par with

university degree holder in engineering for entry into



senior engineering services under the Central and State

Governments, Public and Private Sector organizations

etc. Most Universities and academic Institutes of the

country recognize Institution examination qualification

for admission to post graduate studies. List of such

institutions is contained at page 53 of the Rules

Volume-I (enclosed). Sections “A” and “B” of the

Institution examinations is recognized by the Govt of

India at par with a Bachelors Degree in the appropriate

field of engineering vide letter reference number F.18-

4/78-T.7 dated August 16, 1978 from Ministry of

Education. Such engineers or the accredited engineering

degree holders, after acquiring the requisite

experience, can become Corporate member of the

Institution. Brief details under “ A pathway to

Professional Development” is enclosed.

4. By virtue of Royal Charter, the Institution is empowered

to issue Chartered Engineer Certificate to its Corporate

Members, in the respective field of engineering. Such a

person is expected to have the requisite expertise in

engineering discipline and is considered to be higher

standard than an equally placed engineer. Many

organizations give due weightage to Chartered Engineer

as he has gone through the required scrutiny and possess



required qualification and experience in the engineering

discipline.

5. An engineer can become chartered engineer only if he has

minimum 5 years post accredited engineering degree,

professional experience, and is of minimum 26 years of

age. The related Corporate membership which gives him

the entry to become chartered engineer is strictly

regulated in accordance with the respective rules.

6. Apart from Charter Engineer Certificate, the Institution

(IEI) introduced Professional Engineer (P Eng)

Certificate in the year 1994. The said certificate is

granted to its life Fellow and Member by virtue of

having not less than 15 years post qualification

experience in the profession of engineering in a

position of high responsibility.

Issue 7

CRITERIA:

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

application;

(b) Possesses minimum 15 years post qualification

experience in the profession of engineering in a

position of high responsibility covering one or

more areas in research and development; design;

manufacturing; maintenance; engineering services;

executing or operations of engineering projects



and/ or consultancy for engineering research/design

projects, teaching with involvement in practical

design/consultancy work.

(c) Details of continued professional development 5

(five) years

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

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

(iv) environment, health and safety.

(e) Proposed and recommended by two Fellows of the

Institutions

Issue 7

SELECTION

7. The selection is subject to peer assessment by a

nominated professional committee consisting of three

members constituted by the Council (consisting of

Council Members and/ or Experts) who are themselves

‘Professional Engineers’ for examining and taking

decisions on the application for award of ‘Professional

Engineer’ certificate.

8. The P Eng certificate is valid for five years at a time

from the date of issue. However, the member may apply in

prescribed form for renewal of the approval for a

further period of five years. While applying for renewal

member shall have to furnish at least five years’

performance and present status for appraisal.



9. The Institution has recently been granted provisional

membership of ‘Engineers Mobility Forum’- an

international body which ensures consistently high level

of professional attainment of the engineers in the

member countries. The engineers so registered shall be

meeting international level of profession and they would

be free to practice their profession internationally

without further scrutiny or certification.

10.Hence, it would be seen that Chartered Engineer and

Professional Engineer Certification by IEI is unique and

is given to duly verified experienced engineers. Such

engineers are considered to be at better footing as

their professional attainment has been scrutinized and

assessed by an independent qualified body.

11.All Chartered Engineers, Professional Engineers along

with other Corporate Members of the Institution are

bound by Code of Ethics and violation, if any, attracts

severe repercussions including expulsion from the

Institution. Copy of “Code of Ethics for Corporate

Members” is enclosed.

12.Hence, entrusting the responsibilities to such Chartered

and Professional Engineers would ensure professional

inputs, regulated and accountable conduct.

Thanking you,Yours faithfully,Sd/ Cdr A K Poothia, IN (Retd) Secretary & Director General



Enclosed:1) Royal Charter 19352) Rules Book of IEI-Vol I3) Letter Ref. No. F.8-4/78-T.7 dtd. 16.08.1978 from MESO,

Govt of India4) A Pathway to Professional Development5) Code of Ethics of Corporate membercc: 1) Shri G C Miglani, Deputy Secretary, Parliament of India, Rajya Sabha Secretariat, Parliament house/Annexe, New Delhi-110 001 2) Shri Suraj Singh, MIE, 3373, Delhi Gate, New Delhi 110002 for Information please

Para AG

Issue 7(Refer to Petitioner’s Exhibit PE 13) This information contains necessary material facts(Transcript of Communication received by P Eng Suraj Singh petitioner from Rajya Sabha Deputy Secret dated 18.9.2003)

No. RS.2(6)/2003-Com-II Dated the 18th September, 2003From

G.C. Miglani, Deputy Secretary,To

Shri Suraj Singh, IEI Registered Professional Engineer,

3373, Delhi Gate. New Delhi – 110 002.

Sub:Making it mandatory for Indian

Institutions/Municipalities etc. to accept IEI

Chartered Engineer/Professional Engineer

Certification – petition regarding.

Sir,Reference your E-mail dated September 7, 2003

on the above subject, I wish to inform you that your



petition is still under process and you will be

informed no sooner a decision is taken there on.

Yours faithfully,

(G.C. MIGLANI) DEPUTY SECRETARY PHONE: 23034557 E-mail: [email protected]

AH

Issue 8

International bodies leading on Contracts

An objective to include following references from

International bodies is to apprise honourable court,

about status of ‘Engineers’ in professional practice,

used globally on Civil Engineering Buildings & other

projects.

Para AI

Issue 8

International References 1-FIDIC (Refer to

Petitioner’s Exhibits PE21 to PE24)

1 Related to construction contracts & professionals

considered, within such contracts for purpose of

design & supervisions of works

Issue 8



FIDIC General Conditions of Contracts for

Construction Red Book 1999

1 1.1.2.4 (Refer to Petitioner’s Exhibit PE 21)

‘Engineer’ means person appointed by Employer to

act as ‘Engineer’ for purpose of contract & named

in appendix to tender/contract or other person

appointed from time to time by Employer to be

notified to contractor under sub-clause 3.4

Issue 8

2 1.1.2.6

Employer’s Personnel means ‘Engineer’,

‘assistants’ referred to in sub-clause 3.2

(Delegation by ‘Engineer’) & all other staff &

labour & other employee of ‘Engineer’ & of

Employer or any other personnel notified to

contractor by Employer or by ‘Engineer’ as

Employer’s Personnel

Issue 8

3 1.1.2.9

DAB means person or three persons, so named in

contract or other persons, appointed under sub-



clause 20.2 (Appointment of Dispute Resolution

Board) or sub-clause 20.3 failure to Agree

dispute resolution board

Issue 8

4 1.1.2.10

FIDIC means the federation Internationale des

Ingenieurs Conseils or in English language it is

‘The International Federation of Consulting

Engineers’

Issue 8

5 This international organisation is responsible to

standardise various type of contracting forms to

be used on all types of contracts around world

6 3.1 (Refer to Petitioner’s Exhibit

PE22)

‘Engineer’

Engineer’s duties & authority

a Employer shall appoint ‘Engineer’, who shall

carry out duties assigned to it in contract.



b Engineer’s staff shall include suitably qualified

‘Engineers’ & other professionals, who are

competent to carry out these duties

c ‘Engineer’ shall have no authority to amend

contract

d ‘Engineer’ may exercise authority attributable to

‘Engineer’, as specified in or necessarily to be

implied from contract.

e If ‘Engineer’ is required to obtain approval of

Employer, before exercising a specified

authority, requirement shall be stated in

Particular conditions.

f Employer undertakes not to impose further

constraints on Engineer’s authority, except as

agreed with contractor

g However, whenever ‘Engineer’ exercises a

specified authority, for which Employer approval

is required, for purpose of this contract,

Employer shall be deemed to have given approval

Except as otherwise, state in these conditions



i. Whenever carrying out duties or exercising

authority, specified in or implied by

contract, ‘Engineer’ shall be deemed to act

for Employer

ii. ‘Engineer’ has no authority to relieve,

either party of any duties, obligations or

responsibilities under contract

iii. Any approval check, certificate, consent,

examination, inspection, instruction, notice,

proposal, request, test or similar act by

‘Engineer’ (including absence of disapproval)

shall not relieve contractor from any

responsibility for error, omissions,

discrepancies & non compliance

Issue 8

7 11.9 (Refer to Petitioner’s

Exhibit PE24)

Performance Certificate

a Performance of contractor’s obligations shall not

be considered to have been completed, until

‘Engineer’ has issued Performance Certificate to



Contractor, stating date on which Contractor

completed contractual obligations under contract


1 Foregoing contentions, relate to

External/International references FIDIC

applicable on Construction & Design &

Construction Contracts, which has been included

for information benefit of Honourable court to

apprise status of ‘Engineer/Engineer’s

definition on Contracts & description of

respective duties & obligations to be effected

for discharge professionally

2 Contracts related to buildings construction are

parts of Buildings Engineering, which are

required to be administered by ‘Civil

Engineer’s internationally & disputes accrued

on contracts managements are dealt with by

‘Civil Engineers’ based on enrolled

Professional qualifying degree title ‘Chartered

Engineer or Equivalent title applicable in

country of Project Location’



3 ‘Engineer’ defined on contracts is designated

first level or lowest tier dispute resolution

authority, DAB (Dispute Resolution Board) is

designated second level or middle level dispute

resolution authority & finally statutory

constituted arbitration tribunal as highest

concluding authority, who adjudicates judgments

on disputes, which in form of arbitration

awards are treated equivalent to court decrees.

4 Appointment related to all members on DAB

(Dispute Resolution Board) is done by both

parties to contract Employer & Contractor,

while qualification of Board Members, being

‘Engineers’ of Engineering & Contractual

background)

5 Therefore, it can be seen that qualified

Chartered Engineers are considered competent to

be engaged on construction contracts, which

contracts could be either EPC status or simply

construction status based on Employer’s

provided designs, which project contract,



designated ‘Engineer” supervises & administers

from its commencement date to completion dates

6 Which also, infers that designated ‘Engineers’

are entrusted to certify compliance of contract

activities, being successfully prosecuted &

then issue Contract Performance Certificate &

Project Completion Certificates for purpose of

meeting statutory requirements all over world

7 Since all major buildings projects involve

structural framing, preferably, Engineers are

entrusted to supervise & administer these

projects, so that structure does not remain

susceptible to any distressing & overstressing

risk, during serving lifetime of project

8 Architects are employed on all such projects to

regularly visit project sites to ensure that no

design deviation occurs on any floor layouts &

no violation occurs anywhere, during

construction stages, while all architectural

discipline items, such as finishing activities



are monitored in details by architects, under

Engineer’s Contract administrative functioning

Para AJ

Issue 8


a International References 2-NEC New Engineering

Contract UK (Refer to Petitioner’s Exhibit PE25)

1 Related to construction contracts & professionals

considered, within such contracts for purpose of

design & supervisions of works

2 NEC Engineering and Construction Contract by

Institution of Civil Engineers UK

3 New Engineering Contract (NEC), or NEC

Engineering and Construction Contract, is a

formalised system created by Institution of Civil

Engineers that guides drafting of documents on

civil engineering and construction projects for

purpose of obtaining tenders, awarding and

administering contracts.

4 As such they legally define responsibilities and

duties of Employers (who commission work) and



Contractors (who carry out work) in Works

Information.

5 The contract consists of two key parts Contract

Data part one (Data provided by Employer) and

Contract Data part two (Data provided by

Contractor).

6 Several approaches are included making it a

family of options.

7 It is used in the UK and internationally in

countries, including New Zealand, Australia, Hong

Kong and South Africa.

8 There have been three editions, first in 1993,

second in 1995, and most recent in 2005 June,

2005 edition of NEC3 was amended in June 2006,

and again in April 2013.

Issue 8

b Characteristics

NEC is a family of standard contracts, each of which

has these characteristics:



1 Its use stimulates good management of

relationship, between two parties to contract

and, hence, of work included in contract.

2 It can be used in a wide variety of commercial

situations, for a wide variety of types of work

and in any location.

3 It is a clear and simple document - using

language and a structure, which are

straightforward and easily understood.

Issue 8

c NEC3 complies fully with Achieving Excellence in

Construction (AEC) principles. Efficiency & Reform

Group of UK Cabinet Office recommends use of NEC3 by

public sector construction procurers on their

construction projects.

Issue 8

d Options

1 NEC contracts now form a suite of contracts, with

NEC being brand name for "umbrella" of contracts.

2 When it was first launched in 1993, it was simply

"New Engineering Contract".



3 This specific contract has been renamed

"Engineering and Construction Contract" which is

main contract used for any construction based

project.

4 It now sits alongside a number of other contracts

that together should mean that NEC suite is

suitable for whatever stage of a lifecycle

project is at and for any party within a project.

5 Contracts available within suite are:

Engineering and Construction Contract (ECC):

6 Suitable for any construction based contract,

between an Employer and a Contractor.

7 It is intended to be suitable for any sector of

industry, including civil, building, nuclear, oil

& gas, etc.

8 Within ECC contract there are six family level

options of which, Employer will choose, what he

deems to be most suitable and give him best

option/value for money on that project:




1 Foregoing contentions, relate to

External/International references NEC on

Construction Contracts has been included for

information benefit of Honourable court to

apprise status of Engineer/Engineer’s definition

on Contracts & description of respective duties &

obligations to be effected/discharged

professionally

2 Contracts related to buildings

construction/erection are parts of Buildings

Engineering discipline, which are required to be

administered by Civil Engineers internationally &

disputes accrued on contracts managements are

dealt with by Civil Engineers, based on

Professional qualifying degree title Chartered

Engineer or equivalent degree title of that

country, where project is located

3 All NEC designed forms of contracts & execution/

prosecution of projects performance are

supervised & administered by Chartered Civil

Engineers



Para AK

Issue 9

Concluding Payers

1 Therefore, Honourable Supreme Court is prayed to

devise a direction to Government of India, all

state governments, all such state governments

authorities, all local bodies, all

municipalities, all authorities, other

authorities & others, as relevant in India to

direct them in all required aspects & respects,

to comply with provisions, included within IEI

Charter 1935, so that Chartered Engineers (India)

& Professional Engineers (India) & other

Engineers attached to various professional

societies, from respective branches of

engineering may be able to be publically required

legally, to work on various engineering

disciplines, pertinent all engineering activities

competency wise, so as to realise in reality

professional practicing role of engineers in



society & contribute onto national development /

delivering Quality Engineering Services

2 And, that a prayer is made respectfully on Hon

court to order that To an extent, when deciding

concerned professional engineering competencies,

it is an obligatory Chartered Responsibility of

‘The Institution of Engineers (India)’ to notify

all details, related to each discipline &

specialisation competencies in all branches of

Engineering, so as to enable public & all

authorities, apprise themselves with limits,

mandatory responsibilities & statutory

obligations, which shall also, keep all

professional engineers & all engineers in

profession, whosoever binding, during providing

such designated professional engineering services

to, whosoever be a client or user of such

professional engineering service, whether or not,

in public or private sector or others

3 And that a prayer is also, made that all

Engineering Services, respecting Structural



Engineering, Civil Engineering, Electrical

Engineering, Mechanical Engineering HVAC systems

Water Supply & Sanitary Engineering, Security

Engineering etc. should be struck off from

Architectural Comprehensive Services List,

declared by Council of Architecture, under

included Council of Architecture Regulation 1989

& pursuant to that Relevant Professional Conduct

Document, which document enlists all services

disputed list on page 53 handbook of professional

documents, Council of Architecture

4 ,And, that it is further prayed for title

protection, Whereas IEI Charter being a letters

patented law, title of Chartered Engineer

(India), Professional Engineer (India) &

Engineers attached to various other recognised

professional societies should be protected by

law, which requires that title ‘Engineer’ should

be used only by Chartered Engineers (India),

Professional Engineer (India), Engineers attached

to other recognised professional bodies as well



as, by all those Engineers, who draw such

entitlement from other special Acts, while all

other persons using or subscribing this title

‘Engineer’ for professional practice objective be

prohibited / banned, with action taken under

Indian Panel Code in case of violation.

Petitions Paragraphs contents

Following table gives all references that have been

included within foregoing paragraphs submission

Following Table has been inserted for it was not

found convenient to write in ordinary paragraphs,

various related & inter related issues & explanations

Schedule/List of Paragraphs included on this PetitionLetters indicated

Subject Reference to involved paragraphs

Remarks about submission

Pagepetition

A Issues involved explanation-Adverse Impact on Fundamental Rights

13

B Quotes statutory provisions from Architects Act 1972 (No 20 of 1972)

Section 2, 2b, 2e, 3(3)g, 45 (1) & (2), 45(2)

14

C Professional Conduct Regulations 1989 (11.5.1989) Architectural

Preamble Explanation

17



Practice (COA /DOC/03/2002/APR/12 & 13) Comprehensive Architectural Services Part 1 & Part 2Conditions of Engagement & Scale of ChargesRules , Preamble

D Architectural Comprehensive Services List Part 1, Part 2

29

E Execution of assignment, Appoint specialised consultants, Direction, Ownership Copyright

30

F Schedule of Services, Concept design stage 1

Explanation from RulesStage 1 & 2

33

G Drawings for Client’s statutory approval stage 3

Stage 3 36

H Working drawings & tender documents

Stage 4 36

I Working drawings, approve samples, approve shop drawings, site visits, virtual completion

Construction stage 6

37

J Completion report Completion stage 7

39

K Regulations under section 45 (2)

Architectural services Part 1

44

L Mail to COA Regarding 48



(Council of Architecture) dated 15.7.2016

encroachment on Engineer’s job

M Par 1 Architecture Services scope of work

List part 1 49

N Part 2 Allied fields,

List part 2 50

O Mail 2 to COA dated 28.7.2016

Regarding encroachment on engineer’s job

51

P Mail 3 to COA dated 31.7.2016

Mail to IEI forwarded to COA

53

Q,R

WTO-UNCPC classifications

Classification of professional services & explanations

55, 59

S IPEA & IEI IPEA (International Professional Engineers Agreement)IEI The Institution of Engineers (India)

IEI membership on IPEA as Indian Representative

66

T NBC 2005 National Building Code 2005

Qualification guide for professionals

67

U COA letter to BIS dated 23.12.2016COA terms Engineers not ProfessionalsOnly Architects are statutory professionals

Objection by COA to BIS for competencies

74

V Mail to IEI about COA dated 14.7.2016

Inviting attention to Comprehensive architectural services

75



W Mail to COA dated 31.7.2016

Mail sent to IEI Forwarded to COA

75

X Grievance status about Architectural Services filed with PMO dated 17.7.2016

75

Y Mail to Hon Ministries Law, Urban Development & Human Resources

Regarding Comprehensive Architectural Services per Regulations notified on 11.5.1989 under Architect Act 1972

76

Z Mail to Hon Lok Sabha Speaker

Regarding Comprehensive Architectural Services per Regulations notified on 11.5.1989 under Architect Act 1972

76

AA,AB,AC

Role related to building Civil Engineers/ Structural Engineers/ Services Engineers

The Institution of Engineers (India) Chartered provisions explanations

77,84,110

AD Petition filed with august house of Rajya Sabha

CE & PE Certifications notification prayed upon

120

AE Communication received from august house of Rajya Sabha 24.7.2003

IEI Credential required

122



AF Communication by IEI to august house of Rajya Sabha 4.8.2003

IEI provided august house of Rajya Sabha secretariat all credentials as required

125

AG august house of Rajya Sabha to petitioner P Eng Suraj 18.9.2003 regarding petition inquiry 7.9.2003

Petition is under consideration

131

AH,AI,AJ

International bodies leading contractsFIDIC (International Federation of Consulting Engineers) & NEC (New Engineering Contract) UK

References to Engineers on Contracts explained

132132139

AK Concluding Prayer Prayer for CE & PE practice & striking of non architectural services from Comprehensive list of architects handbook page 53

145

Schedule/List of ‘Petitioner’s Exhibits PE’ Attached with Petition

Petitioner Exhibit #

Exhibit Mark or Number

Exhibit Description

Remarks

Petitioner Exhibit 1

PE1 E Mail sent to IEI about COA on July 14th

2016Petitioner PE2 E Mail COA on Copy of P1



Exhibit 2 July 31st 2016 forwarded to COAPetitioner Exhibit 3

PE3 Grievance Status Against COA Filed With PMO-on July17th 2016

Action CheckedComplaint sent to Government of Haryana for no reason


PE4 Grievance Status CE, PE Certifications Filed With PMO July 27th2016

Action Checked Case Closed on August 9th 2016


PE5 Mails sent To Hon Ministries of Law + HRD + UD Regarding COA on July 28th 2016

Regarding Encroachment by COA on role of Engineers


PE6 Mail sent To Hon Speaker Lok Sabha COA on July 28th 2016

Regarding Encroachment by COA on role of engineers


PE7 WTO-UNCPC, Architectural and Engineering Services

Definition by WTO Downloaded from website


PE8 WTO-UNCPC, + Engineering Services with Explanations

Definition by WTODownloaded from website

Petitioner Exhibit 9a

PE9a NBC Part-2 Administration Annex A- Professionals Roles 2005

Professionals Competencies Guidelines

Exhibit 9b PE9b National Building Code 2005Part 2

All pages of this Chapter


PE10 MODEL BUILDING BYE LAWS – 2016 Page 239+240

Professional Competencies Guidelines,



downloaded from Ministry’s website


PE11a Chartered Engineer Profession

Extracted from IEI document 100 Achievement in 2014-2015

Petitioner Exhibit 11b

PE11b IEI Royal Charter 1935 printed Copy

Downloaded from IEI URL www.ieindia.org


PE12 COA Objections About BIS 2015 addressed to BIS on December 13th 2015

Professional CompetenciesDownloaded from COA website


PE13 Petition Parliament 2003 by P Eng Suraj Singh

Filed with Rajya Sabha regarding CE & PE Certifications-No final action By Rajya Saha


PE14 PIL Attachments Fundamental Rights + Twelfth Schedule

Transcript copied from COI


PE15 PIL Attachments Transcript IEI Royal Charter 1935

Transcript done by petitioner for assistance to Hon Court if so required


PE16 Mail sent TO IEI About Deciding Engineers Competencies

Since IEI is authorised to issue Competency Certificates


PE17a Architects Act 1972 within Handbook By COA - Page 1-11

Architects Bare Act

Petitioner Exhibit

PE17b Architects Act 1972 Handbook

Comprehensive Architectural




17b By COA - Page 49-62

Services Regulations/Scope definition


PE18 Mail sent To COA 15.7.2016 + MHRD July 17th .2016

Architect Act & Comprehensive Architectural Services definition, encroachment to Engineers Roles


PE19a International Engineering Alliance Constitutions Cover Page

The Institution of Engineers (India) is member on IPEA membership list

Petitioner Exhibit 19b

PE19b International Engineering Alliance Agreements

IPEA+APEC+IETA

Petitioner Exhibit 19c

PE19c International Engineering Alliance IPEA

IPEA

Petitioner Exhibit 19d

PE19d International Engineering IPEA Members

IPEA Members List

Petitioner Exhibit 19e

PE19e International Engineering Agreements Members

IPEA Members List


PE20 Copy of Email Notice sent to COA & CC to HON Ministries of Law, HRD, UD & Chartered Institution The IEI on August 8th 2016

Notice served on to COA to remove Engineers competencies encroachment, 30 days allowed for responsive action


PE21 FIDIC, Engineer’s definition

FIDIC 1999 Redbook

Petitioner PE22 FIDIC, FIDIC 1999



Exhibit 22 Engineer’s Job description

Redbook


PE23 FIDIC, Employer’s Taking over through Engineer’s Involvement

FIDIC 1999 Redbook


PE24 FIDIC, Performance Certificate

FIDIC 1999 Redbook


PE25 NEC3-Procurement & Contract Strategies 2013

New Engineering Contract devised by The Institution of Civil Engineers London
