V-My Life Truths-PILInSCIByEngineers 22.02.2017vol1

PIL In Hon SCI By Chartered Engineers (India)-22.01.
2017
February 22nd 2017
Hon'ble the Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India.
New Delhi- India

Original Jurisdiction
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 parties
Petitioners
P1 Eng Satya Paul Chartered Engineer (India)MIE,
17/80 Geeta Colony Delhi 110031
Email spgc@rediffmail.com
Mobile 9899045177
P2 Eng Suraj Singh IntPE(India), Chartered

Engineer(India)FIE,
430 Sector 21B, Faridabad, NCR 121001
Email suraj_engineer@yahoo.co.uk
Mobile 9810610718
P3 Eng Ashok Manhar Chartered Engineer (India)MIE M

Tech, PGD
C-11, 3rd Floor, Platinum Plaza, New Market Bhopal
Email ashok_manhar@hotmail.com
Mobile 9826027108
Through In Person /
Advocates .......................................
..........
Respondents
Page 1 of 168
Petitioners Satya Paul Chartered Engineer (India), Suraj Singh IntPE (India) FIE, Eng
Ashok Manhar Chartered Engineer (India)
PIL In Hon SCI By Chartered Engineers (India)-22.01.2017
R1 Council of Architecture, an autonomous statutory

body GOI, constituted under Architects Act 1972
Address
The Registrar & Secretary
India Habitat Centre, Core 6A, 1st Floor,
Lodhi Road, New Delhi-110003, India
E mail registrar-coa@gov.in, legal-coa@gov.in
Info-coa@gov.in
https://coa.gov.in/index1.php?
lang=1&level=1&sublinkid=293&lid=271
&lang=1&level=0&linkid=6&lid=10
Tel: +91-11-24648415, +91-11-24654172 Fax: +91-11-
24647746
R2 Ministry of Law & Justice GOI

Address
4th Floor, A-Wing, Shastri Bhawan, New Delhi-110
001
Landline 091-11-23012295/ 23793228
Email ravis@sansad.nic.in
R3 Ministry of Human Resources & Development GOI

Address
302, Shastri Bhawan, New Delhi-110 001
Email Pstohrm@gov.in
Landline +91-11-23782698(O) (Fax) +91-11-23382365
R4 Ministry of Urban development GOI

Address
Shastri Bhawan, New Delhi
Email secyurban@nic.in
Landline +91-1123062377, Fax+91-11-23061459
R5 Institution of Engineers (India),IEI,

Established 1920 Under Companies Act & later
Incorporated by Royal Charter 1935 For IEI
Charter related clarifications & For Response to
Competency Byelaws
Address
The Secretary& Director General
8, Gokhale Road, Kolkata 700020
Email sdg@ieindia.org
Page 2 of 168
Website www.ieindia.org
Landline (033) 2223 8335
Subject-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
2016 forenoon & its reminder #1 on August 25th 2016,
its reminder #2 on September 8th 2016 & its reminder
#3 on September 24th 2016 under copy each time to
Respondents 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)

Page 3 of 168
subsection (i) & pursuant to these Regulations,
Referral COA/DOC/03/2002/APR/12&13 (Refer to
Petitioner Exhibit PE 20)
QLI 1
Questions 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 2
Questions 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’,
Page 4 of 168
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
sought
Issues Included on this petitions, about
fundamental rights infringed, which are as listed
below
NFRI-Issue1 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
Page 5 of 168
(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 chartered 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
Page 6 of 168
NFRI-Issue3 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
lang=1&level=1&sublinkid=293&lid=271
an Architectural Practice reference another URL
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
NFRI-Issue4 Encroachment on Mechanical,
Electrical & Security Engineers etc. Expert
professional on design & field activities by
Page 7 of 168
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
Engineering services for buildings, though no
description is depicted for Services Engineers &
that factually, Architect is not
educationally/academically qualified for
Engineering Services
NFRI-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
NFRI-Issue6 Guidelines by BIS (Bureau of Indian
Standards-Informative) (Refer to Petitioner’s
Exhibit PE9a,9b) published National Building Code
Page 8 of 168
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.
NFRI-Issue7 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
NFRI-Issue8 International references to
Contracts organisations FIDIC & NEC UK
Page 9 of 168
(Informative) (Refer to Petitioner’s Exhibit
PE23,24,25)
RS-Relief sought & Grounds on which it is sought
NFRI-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
Page 10 of 168
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
Page 11 of 168
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 for long by
adverse treatments, regarding Engineers
registration issues, made by various government
officials, We, Chartered Engineers(India) &
Professional Engineers(India) have contemplated to
seek remedy from Honourable SCI, since no desired
help or assistance could be drawn from any other
source
Foreward2 Being aggrieved Practising Engineers /
Professional Persons, who have been obstructed from
practicing freelancing Engineering profession, we
humbly submit prayer upon Hon SCI to admit this PIL
on behalf of Indian Engineering Community that has
suffered & has been suffering continuously, as such
Page 12 of 168
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
Questions of Laws prayed to be considered,
determined & adjudicated by Hon SCI
Question 1 Whether or not, an Architect is legally
competent to conduct & deliver buildings works,
related to Structural Design Engineering & related
to Structural Site Engineering, when Bachelor
Degree or equivalent in Architecture does not
include/integrate Bachelor Degree or equivalent in
Civil Engineering(a competent branch of engineering
for works of structural designs, construction &
supervision), which is a separate specialisation in
Engineering? Civil Engineering programmes are
approved by AICTE for purpose of Educational
recognition, & whereas, by The Institution of
Page 13 of 168
Engineers [India] for purpose of granting Chartered
Engineer[India] status
Question 2 Whether or not, an Architect is legally
competent to conduct & deliver buildings works,
related to HVAC [Heat Ventilation Air Conditioning]
Electrical, Security, Elevators etc. Services
Engineering & Related Services Site Engineering,
when Bachelor Degree in Architecture or equivalent
does not include Bachelor Degree in Mechanical &
Bachelor Degree in Electrical Engineering, which
are separate specialisations in Engineering? These
Engineering programmes are approved by AICTE for
purpose of Education, whereas, by The Institution
of Engineers [India] for purpose of granting
Chartered Engineer[India] status
Question 3 On What basis definition enumerated
within Scope of Activities, required to be
conducted by an Architect, registered under Council
of Architecture have encroached upon Buildings
Engineering related activities of Systems Designs &
Page 14 of 168
Site Managements, which are specialist disciplines
in Civil, Mechanical & Electrical Engineering?
Question 4 Whether or not, The Institution of
Engineers (India) constituted by Royal Charter 1935
which is still in force, a consistent & competent
body (with statutory force)/equivalent statute to
regulate Engineering Profession & Engineers?
Question 5 Whether or not, a Chartered Engineer
(India), product of The Institution of Engineers
(India)’s Corporate Membership is legally competent
to conduct & deliver buildings works development
activities, related to Civil Engineering branch of
engineering, including all buildings?
Question 6 On what basis Chartered Engineers
[India] have been debarred from conducting all such
building activities, related to buildings, per
Engineering Applications provisions enshrined,
within IEI Royal Charter 1935, which Engineering
provisions encroached upon by Council of
Architecture by including all such activities under
scope of architecture profession, while
Page 15 of 168
Certification of Competencies & Licensing
encroached by Development Authorities, Local bodies
& Municipalities by enacting relevant byelaws,
which are unconstitutional?
Question 7 On what basis, all Municipalities &
Local bodies do not permit Chartered Engineers
[India] & Professional Engineers [India] to
practice/work directly, without obtaining these
bodies issued arbitrary licensing or registration?
Professional licensing is an entry/item provided
under COI Concurrent List & not included in State
List
Question 8 Shall ‘Engineer’ title be protected
under mandate of The Institution of Engineers
(India)Royal Charter 1935, so as to avoid it from
misuse by unqualified persons
Rights to Constitutional Remedies under COI
References COI
Constitutional Article 32 (1)
Right to move Supreme Court by appropriate
proceedings for enforcement of rights conferred by
this Part is guaranteed.
Page 16 of 168
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,,
Page 17 of 168
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
Page 18 of 168
societies as well as those Engineers, who have
been designated ‘Engineer’ under certain special
Acts & that hereinafter, no other person should
be allowed to use this title ‘Engineer’ & its
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
1.00 Para A
Plight of Chartered Engineers (India) Issue 1

Issue Involved & Explanation
1.00.1 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.’
1.00.2 Adverse Impact on Engineers Profession by
Architect Act 1972/Comprehensive Architectural
Services Regulations 1989, May 11th1989 & pursuant
Page 19 of 168
to it, Architectural Practice reference
COA/DOC/03/2002/APR/12&13 Comprehensive
1.00.3 Architects are governed under Architects Act
1972 (No 20 of 1972)
2.00 Para B
Violation of Fundamental Rights Issue 2
(Refer to Petitioner’s Exhibit PE 17)
2.00.1 Quotes from Architects Act 1972, May 31st
1972; & Conduct Regulations, May 11th 1989
Architectural Practice
Reference COA/DOC/03/2002/APR/12&13 Comprehensive
2.00.1a Architect Act provides for Registration
of architects & matters connected therewith
2.00.2 Section 2 Architect Act 1972
a States that architect means any person, whose
name for time being entered in register
2.00.3 Section 2b Architect Act 1972
a States that Council of Architecture means,
council constituted under section 3
Page 20 of 168
2.00.4 Section 2 e Architect Act 1972
a States that Register means, Register of
architects maintained under section 23
2.00.5 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
2.00.6 Under chapter IV Architect Act 1972
Miscellaneous Section 45 (1) & (2)
2.00.7 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
2.00.8 Section 45 (2) Architect Act 1972
In particular & without prejudice to generality of
forgoing power, such regulation may provide for
Page 21 of 168
2.00.8-a Management of property of council
2.00.8-b Powers & duties of president & vice
president of council
2.00.8-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
2.00.8-d Functions of executive committee or of
any other committee, constituted under section 10
2.00.8-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
2.00.8-f Appointment powers duties of inspector
2.00.8-g Standards of staff equipment
accommodation training & other facilities for
architectural education
Page 22 of 168
2.00.8-h Conduct of professional examinations,
qualifications of examiners & conditions of
admissions to such examinations
2.00.8-i Standards of professional conduct &
etiquettes & code of ethics to be observed by
architects
2.00.8-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
3.00 Para C
Professional Encroachments Issue 3 & 4
(Refer to Petitioner’s Exhibit PE 17b)
3.00.1 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
Quote
3.00.2 Preamble
Page 23 of 168
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
Page 24 of 168
stimulate environment of society towards a higher
order of civilization
Unquote
Explanation (3.00 Para C) on preambles by
petitioner
Explanation-3.00-1 ‘Preamble mandates that an
objective of ‘structural design’ is to evolve a
strong durable & an efficient skeleton’
Explanation-3.00-2 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.
Explanation-3.00-3 A educational & professional
safety slogan is generally used on projects, which
is as such, Safety is a must, if you know safety
Page 25 of 168
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.
Explanation-3.00-4 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.
Explanation-3.00-5 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
Page 26 of 168
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.
Explanation-3.00-6 History in ours announces about
number of failures during work, pertinent systems
of formwork installations for RCC slabs & buildings
collapse post constructions are many. What
inference can be drawn from such mishaps, which
result in incalculable losses of all kinds, & which
cannot be counted in financial terms?
Explanation-3.00-7 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
Page 27 of 168
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.
Explanation-3.00-8 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.
Explanation-3.00-9 No architect can construct
design meaning, related to these requirements of
Page 28 of 168
structures & therefore, not expected to work on &
deliver structural design independently, without
support of either Civil engineer or Structural
engineer
Explanation-3.00-10 Preamble also, states that
Structure is so fundamental to architecture, which
statement speaks tonnes of volumes & announces
value of structure for purpose of designs &
prosecution
Explanation-3.00-11 Buildings structures are not
that simple as are being evaluated as such.
Explanation-3.00-12 Buildings framing is too
complicated from structural design & structural
execution & prosecution viewpoints
Explanation-3.00-13 Many 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
Explanation-3.00-14 Building is a live structure,
which has to serve its intended purpose to safely
Page 29 of 168
carry various types of actions to be imposed upon
it as well as, various varying actions imposable
from time to time
Explanation-3.00-15 Structure is subject to
persistent & transient loadings/actions
Explanation-3.00-16 Structure is also, subject to
accidental loadings
Explanation-3.00-17 Structure also, requires that
it be designed for corrosion protection of steel,
which is an engineering technology
Explanation-3.00-18 Structure has to be equally
resistant to seismic actions, wind action, fire
loads etc.
Explanation-3.00-19 All 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
Page 30 of 168
Explanation-3.00-20 These codes are required to be
applied globally & many countries in addition to
Europeon Union nations have already started
implementing them
Explanation-3.00-21 Foregoing Preamble states that
Endowed with an extraordinary power or
conceptualisation & creativity, an architect can
conjure up unprecedented structural systems
Explanation-3.00-22 It 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
Explanation-3.00-23 Buildings cannot be taken for
granted as has been considered, within Regulations
framed / constituted under Architect Act 1972 in
year 1989 & Comprehensive Architectural Services
Document pursuant thereafter, which do not serve
Page 31 of 168
any public interest, but put public safety at risk
of life & money / risk to resources
Explanation-3.00-24 How much technology an architect
has been educated with, regarding fire
sustainable / resisting structural framing is a
wider question
Explanation-3.00-25 Structure 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
Explanation-3.00-26 Building 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,
Page 32 of 168
beams & suspended slabs are taught only for
structural elementary knowledge, which cannot be
professionally / decisively applied during practice
Explanation-3.00-27 Temperature 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
Explanation-3.00-28 Structural 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
Page 33 of 168
concrete, which in turn would necessitate to
dismantle defective structure & rework costing
time, resources & add to augment environment
pollution
Explanation-3.00-29 It is therefore, true to
consider & conclude that an architect cannot be
authorised to design & execute structures
independently as an engineering professional
practitioner
Explanation-3.00-30 Structures 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)
Explanation-3.00-31 There could be hundreds of
additional structural points that can be considered
for explanation, yet sufficient points have been
included, keeping abreast statement submission
brevity
4.00 Para D
(Refer to Petitioner’s Exhibit PE 17a & PE 17b)
Page 34 of 168
Quote
4.00.1 Part 1-Architecture
4.00.1.1 Taking clients instructions &
preparation of design brief
4.00.1.2 Site evaluation, analysis & impact of
existing &/or proposed development on its immediate
environs
4.00.1.3 Design & site development
4.00.1.4 Structural design
4.00.1.5 Sanitary, plumbing, drainage, water
supply & sewerage design
4.00.1.6 Electrical, electronics, communication
systems & design
4.00.1.7 Heat ventilation & air conditioning
design (HVAC) & other mechanical systems
4.00.1.8 Elevators, escalators etc..
4.00.1.9 Fire detection, fire protection &
security systems etc
4.00.1.10 Periodic inspection & evaluation of
construction works
Page 35 of 168
4.00.2 Part 2-Allied fields
4.00.2.1 Landscape architecture
4.00.2.2 Interior architecture
4.00.2.3 Architectural conservation
4.00.2.4 Retrofitting of buildings
4.00.2.5 Graphic design & signage
Unquote
5.00 Para E
Quote
5.00.1 Architect’s role & responsibilities
5.00.2 Provision 9.0 Execution of assignment
5.00.3 Provision 9.02 Architect shall appoint
specialised consultant in consultation with client
if necessary
(Explanation on (5.00-Para E) by petitioner)-
Explanation-5.00-1 Civil /Structural engineer is a
specialist professional, who should be appointed by
client.
Page 36 of 168
Explanation-5.00-2 It is a civil / structural
engineer, who is responsible for structures design
& structural construction & not an architect, since
detailed structural engineering is a part of civil
engineering )
5.004 Provision 9.03
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
(Explanation on (5.00-Para E) by petitioner)-
Explanation-5.00-01 Civil / Structural engineer can
be considered responsible for design only, when he
is considered a professional engineer & not merely,
a calculation clerk.
Explanation-5.00-02 In fact this provision within
this regulation is against professional ethics &
Page 37 of 168
which erodes professional work grade evaluation of
Engineer
Explanation-5.00-03 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
Explanation-5.00-04 This regulation completely
erodes Engineer’s profession)
Explanation-5.00-05 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
5.005 Provision 12.0
Ownership of copyright
5.005-a Architectural design is an intellectual
property of architect.
Page 38 of 168
5.005-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.
5.005-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
5.005-d (Explanation on (5.00 Para E) by
petitioner)-
Explanation-5.005-d-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
Page 39 of 168
cannot be owned by other professional, which is
this case is an architect.
6.00 Para F
6.00.1 Schedule of Services
Concept design stage 1
6.00.1-a Ascertain client’s requirement, examine
site constraints & potential & prepares design
brief for client’s approval
6.00.1-b Prepare report on site evaluation, state
of existing buildings, if any & analysis & impact
of existing & or proposed development on its
immediate environs
6.00.1-c Prepare drawings & documents to enable
client to get done, detailed survey & soil
investigation at site of project
6.00.1-d Furnish report on measures required to
be taken to mitigate adverse impact, if any of
existing or proposed development on its immediate
environs
Page 40 of 168
6.00.1-e Prepare conceptual designs with
reference to requirements given & prepare rough
estimate on cost on area basis
6.00.1-f (Explanation on (6.00 Para F) by
petitioner)-
Explanation-6.00-1 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 parameters responsibilities
Explanation-6.00-2 All other structural concrete
ingredients, admixtures, other contents can only be
reviewed, construed for fitness & parametric
Page 41 of 168
applications etc. can only be decided by Chartered
Engineers (India)
6.00.2 Preliminary design & drawings stage 2
6.00.2-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
7.00 Para G
Drawings for client’s statutory approval stage 3
7.00-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
8.00 Para H
Working drawings & tender documents stage 4
8.00-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
Page 42 of 168
measurements, method of payment, quality control
procedures on materials & works & other conditions
of contract
(Explanation on (8.00 Para H) by petitioner)-
Explanation-8.00-1 working drawings related to
structural designs cannot be entrusted to an
architect, since it is domain of civil engineering)
Appointment of contractors stage 5
8.00-b-a Invite receive & analyse tenders, advise
client on appointment of contractors
9.00 Para I
Construction stage 6
9.00-a Prepare & issue working drawings & details
for proper execution of works for construction
9.00-b Approve sample of various elements &
components
9.00-c Check & approve shop drawings submitted by
contractors/vendors
9.00-d Visit site of work at intervals mutually
agreed upon to inspect & evaluate construction
works & where necessary clarify any decisions,
Page 43 of 168
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
9.00-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
9.00-f Issue certificate for virtual completion of
works
(Explanation on (9.00 Para I) by petitioner)-
Explanation-9.00-1 Working drawings, related to
structural designs cannot be entrusted to
architect, since it is domain of civil engineering
Page 44 of 168
Explanation-9.00-2 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.
Explanation-9.00-3 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)
Explanation-9.00-4 International Quality Management
System 9001-2015 effective September 2015 requires
professionally qualified experts for carrying out
all engineering activities, whereas all
responsibilities lie/s 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,
Page 45 of 168
cannot be considered designated for Structural
Engineering operations.
10.00 Para J

Completion stage 7
10.00-a Prepare & submit completion reports &
drawings for project as required & assist client in
obtaining Completion / Occupation certificate from
statutory authorities, wherever required
10.00-b Issue 2 sets of as built including
services & structures
(Explanation on (10.00 Para J) by petitioner)-
Explanation-10.00-1 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
Page 46 of 168
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 &
Page 47 of 168
affect various other engineering considerations,
which cannot be conducted by architects
independently
Explanation-10.00-2 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
Explanation-10.00-3 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
Explanation-10.00-4 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 that exists near ground, may not impact badly
Page 48 of 168
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 existing water table level
Explanation-10.00-5 Chartered Engineer (India)
requires to decide, whether or not, foundation
excavation needs inclusion of RCC diaphragm walls
permanently or sheet piling supports, which all
professional decisions to be made are complicated &
therefore, it is essential to investigate
theoretically & practically in engineering details,
which an architect certainly lacks knowledge of
such specialised skill.
Explanation-10.00-6 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
Page 49 of 168
site, all such significant & specialised structural
construction
Explanation-10.00-7 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
11.00 Para K
Submission
11.00-a Section 45(2) Architect Act 1972 which
is a mandate to issue regulations, applies to
conduct of architects duties only
11.00-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
Page 50 of 168
prevention, etc. all disciplines applicable on
buildings
Indication is given below
11.00.1 Taking clients instructions &
preparation of design brief (architectural concept
should be within architect’s role, structural
concept should be within engineer’s role)
11.00.2 Site evaluation, analysis & impact of
environs (it should be a combination of architect &
engineer’s roles or engineer’s role alone)
11.00.3 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)
11.00.4 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)
Page 51 of 168
11.00.5 Sanitary, plumbing, drainage, water
supply & sewerage design (It should be within
Civil Engineer’s role)
11.00.6 Electrical, electronics, communication
systems & design (Should be within Electrical &
electronics engineer’s role)
11.00.7 Heat ventilation & air conditioning
design (HVAC) & other mechanical systems (Should be
within Mechanical Engineer’s role)
11.00.8 Elevators, escalators etc.(Should be
within Equipment specialization in other
disciplines role)
11.00.9 Fire detection, fire protection &
security systems etc (Loss prevention Should be
within a specialization in other disciplines)
11.00.10 Periodic inspection & evaluation of
construction 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)
Page 52 of 168
(Explanation on (11.00 Para K) by petitioner)-
Explanation about Comprehensive Architectural
Services part 1 & part 2
Explanation 11.00-1 It is clear from above named
responsibilities that many jobs discipline
definitions do not come under description of
Architect’s role
Explanation 11.00-2 Few disciplines
responsibilities come under Civil Engineer’s role
Explanation 11.00-3 Few disciplines
responsibilities come under Building Services
Engineers’ roles
Explanation 11.00-4 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 as well as, IEI Charter 1935
Explanation 11.00-5 This encroachment upon other
engineers’ responsibilities has kept general public
distant from other engineers, such as Chartered
Page 53 of 168
Civil Engineers, other expert Chartered Services
Engineers
Explanation 11.00-6 Without Chartered Civil
Engineers being engaged on buildings, there can be
given no guarantee of delivering a safe / reliable
structure to public
Explanation 11.00-7 All non architectural
responsibilities covered under these impugned /
disputed architect conduct regulations 1989 &
pursuant Architectural Comprehensive Services
document thereafter should be declared void, so
that public could also, engage & use other
professionals to seek such buildings professional
services in a proper manners
Explanation 11.00-8 This is an exclusive solution
to produce quality buildings all over globe &
should be applied to India as well
12.00 Para L
Communicated to Council of Architecture
Page 54 of 168
Mail 1-
A mail was communicated to Council of Architecture
as given below
On Friday, July 15th 2016, 17:39, suraj singh
<suraj_engineer@yahoo.co.uk> wrote:
Scope of Architect Per Regulations Constituted
Under Architect Act 1972 & Scope of Engineer
Encroachment
suraj singh <suraj_engineer@yahoo.co.uk>
To coaindia@rediffmail.com
CC pstohrm@gov.in general@sefindia.org
president@ieindia.org general@sefindia.org
BCC Ashok Manhar and Associates2
Jul 15 at 5:39 PM
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
Page 55 of 168
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
13.00 Para M
13.00-Part 1-Architecture
13.00-1 Taking clients instructions &
preparation of design brief
13.00-2 Site evaluation, analysis & impact of
environs
13.00-3 Design & site development
13.00-4 Structural design
13.00-5 Sanitary, plumbing, drainage, water
supply & sewerage design
13.00-6 Electrical, electronics, communication
systems & design
Page 56 of 168
13.00-7 Heat ventilation & air conditioning
design (HVAC) & other mechanical systems
13.00-8 Elevators, escalators etc.
13.00-9 Fire detection, fire protection &
security systems etc
13.00-10 Periodic inspection & evaluation of
construction works
14.00 Para N
14.00-Part 2-Allied fields
14.00-1 Landscape architecture
14.00-2 Interior architecture
14.00-3 Architectural conservation
14.00-4 Retrofitting of buildings
14.00-5 Graphic design & signage
Regulations mandate that all foregoing activities,
an architect can deliver under professional
services!!!
Is this acceptable to profession of architect?
14.00-01 Is architect a Structural / Civil
Engineer?
Page 57 of 168
14.00-02 Is architect a Mechanical Engineer?
14.00-03 Is architect a Soil Engineer?
14.00-04 Is architect a Structural specialist?
14.00-05 Is architect a Fire Engineer?
14.00-06 Is architect a retrofitting engineer?
All foregoing disciplines, excepting architectural
designs, relate to non architect discipline
All other non architecture building activities, as
stated included within architecture scope of
services 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
Page 58 of 168
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
15.00 Para O
Mail-2-
Another mail was communicated to Council of
Architecture & Ministry of Human Resources &
Development on July 28th 2016
To coaindia@rediffmail.com legal-coa@gov.in
Minister.hrd@gov.in
CC pstohrm@gov.in general@sefindia.org
president@ieindia.org pstohrm@nic.in Satya Pal
Jul 28th at 5:47 AM
The President
Page 59 of 168
Council of Architecture
India 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 & Development
Dear Sirs,
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
Page 60 of 168
Thanks & Warm Regards
Have a nice time Int P Engineer (India): Suraj
Singh
16.00 Para P
Mail-3- (Refer
to Petitioner’s Exhibit PE2)
A mail was forwarded to Council of Architecture on
Jul 31st.2016
To Info-coa@gov.in
CC Satya Pal Ashok Manhar and Associates2
general@sefindia.org
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
Page 61 of 168
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
17.00 Para Q
Page 62 of 168
Global References Issue 5
Global Reference
17.00-1 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
17.00-a World Trade Organisation Classification
of Professional Services-Architectural &
Engineering Services
17.00.a-01 Sector includes work by engineering
firms to provide blue prints & designs for
buildings & other structures &
17.00.a-02 By engineering firms to provide
planning, design, construction & management
services for building structures, installation,
civil engineering works & industrial process.
17.00.a-03 As a result of Uruguay Round &
subsequent accessions to WTO (World Trade
Page 63 of 168
Organisation) by new members, 70 members have made
commitments in this sector
S/C /W/44/1.7.1998
17.00-2 Architectural & Engineering Services
(Refer to Petitioner’s Exhibit to PE 8)
17.00-2-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
17.00-2-b Each of 4 subsectors correspond to UNCPC
(United Nations Central Product Classification) at
4 digit level
17.00-3 Architectural Services CPC 8671 (Refer
to Petitioner’s Exhibit PE 7)
17.00-3-a Covers all types of architectural
services, except those classified below under urban
planning & landscape architectural services, which
are
Page 64 of 168
17.00-3-a-1 Advisory & pre design architectural
services (86711)
17.00-3-a-2 Architectural design services
(86712)
17.00-3-a-3 Contract administration services
(86713}
17.00-3-a-4 Combined architectural design &
contract administration services (86714)
17.00-3-a-5 Other architectural services (86719)
17.00-4 Engineering Services CPC 8672 (refer to
PE 7 & PE8)
17.00-4-a This item covers all engineering
activities, except integrated engineering services,
which are
17.00-4-a-1 Advisory & consultative engineering
services (86721)
17.00-4-a-2 Engineering design services for
construction of foundations & building structures
(86722)
Page 65 of 168
mechanical & electrical installations for buildings
(86723)
construction of civil engineering works (86724)
industrial process & production (86725)
17.00-4-a-6 Engineering design services n.e.c
(86726)
17.00-4-a-7 Other engineering services, during
construction & installation phase (86727)
17.00-4-a-8 Other engineering services (86729)
17.00-5 Integrated Engineering Services CPC 8673
(Refer to Petitioner’s Exhibit PE 7 & PE8)
17.00-5-a This item covers engineering services,
related to turnkey projects, which are
17.00-5a-1 Integrated engineering services for
transport infrastructure turnkey projects (86731)
Page 66 of 168
17.00-5a-2 Integrated engineering & project
management services for water supply & sanitary
works turnkey projects (86732)
construction of manufacturing turnkey projects
(86733)
other turnkey projects
17.00-6 Urban Planning & Landscape Architectural
Services (CPC 8674). (Refer to Petitioner’s Exhibit
PE 7 & PE8)
17.00-6-a This item covers urban planning services
(86741) &
17.00-6-b Landscape architectural services (86742)
18.00 Para R
7 Further explanation for information benefit of
Honourable court
Page 67 of 168
18.00.1 Above does not explicitly, covers
services, provided by Surveyors & Topographical
Engineers.
18.00.2 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
18.00.3 Services provided by construction
economists (a profession most common in European
countries, such as Spain, Italy & UK) i.e.
Page 68 of 168
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
18.00.4 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.
Page 69 of 168
18.00.5 Thus architectural & engineering
services are strongly inter related with physical
construction activity/or other business services.
18.00.6 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.
18.00.7 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.
18.00.8 In US, engineering is one of largest &
most diverse of profession, while architecture is
comparatively much smaller.
18.00.9 In Europe, situation appears to be
different, where there may be more architects,
Page 70 of 168
while engineering profession may relatively, be
much smaller
18.00.10 With advanced communication systems,
blueprints & designs can be transmitted
electronically & consulting can be performed on
line
18.00.11 Such a development would lead to raise
importance of cross border supply in those services
18.00.12 It is also, observed that cross border
trade in architectural & engineering services tend
to rise along with complexity & specialisation of
service involved.
18.00.13 High 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.
18.00.14 It 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
Page 71 of 168
18.00.15 Architects & 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
18.00.16 Architectural & Engineering services
belong to group of accredited professional
services, as opposed to non-accredited business
services, such as marketing, advertising &
consultancy.
18.00.17 Same market access & national treatment
limitations, often apply to accredited professional
services across board.
18.00.18 However compared to some other
accredited professional services, such as
accounting & legal services, architectural &
engineering services, appear to be subject to fewer
restrictive regulations.
Page 72 of 168
18.00.19 Mutual 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
18.00.20 Regulations 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
18.00.21 In those countries which regulate
architectural & engineering professions, compulsory
membership of a professional association is quiet
commonly required.
18.00.22 In small number of countries, applying
self regulations by profession, membership of
professional associations are obligatory
Unquote
Explanation by petitioner 18.00 Para R
Page 73 of 168
Explanation-18.00-1 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.
Explanation-18.00-2 Detailed explanations related
to various considerations & various countries have
been elaborately included for international
information & advice
Explanation-18.00-3 Explanations relate to role of
Architects & Civil engineers in form of
architectural services & engineering services on
buildings & structures
19.00 Para S
International reference
(Refer to Petitioner’s Exhibit PE 19a to 19e)
Page 74 of 168
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)
19.00.1 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
19.00.2 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
19.00.3 India is represented by The Institution
of Engineers (India) effective 2009
BIS NBC Guidelines Issue 6
20.00 Para T
Page 75 of 168
Quote
20.00-1 Reference to National Code of India NBC
2005 part 2 Administration, Annex A & (Refer to
Petitioner’s Exhibit PE 9)
20.00-2 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.
‘Guide for qualification & competence of
professionals’ to be adopted & implemented by all
states, urban development bodies, authorities,
local bodies & others throughout India
A1-Essential Requirements (Refer to Petitioner’s
Exhibit PE 10)
20.00.1 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,
Page 76 of 168
Engineer, Structural Engineer, Supervisor, Town
Planner, Landscape Architect, Urban Designer &
Utility Service Engineer
20.00.2 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
20.00-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
20.00-A2-1-1 Competence
Registered architect shall be competent to carry
out work, related to building / development as
given below
Page 77 of 168
20.00-01a All plans & information connected with
building permit except engineering services of
multi-story / specials buildings given in 12.2.5.1
20.00-01b (12.2.5.1 Building plans for multi-
storeyed/special buildings
20.00-01c 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 ..........)
20.00-01d Issuing certificate of supervision &
completion of all buildings pertaining to
architectural aspects
20.00-01e 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
Page 78 of 168
20.00-01f Issuing certificate of supervision for
development of land of area up to 1 hectare for
metro cities & 2 hectares for other places
20.00-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
20.00-A2.2.1 Competencies
Registered engineer shall be competent to carryout
work related to building / development permit as
given below
20.00-02a All plans & information connected with
building permit
Page 79 of 168
20.00-02b Structural details & calculation of
buildings on plot up to 500 sqm & up to 5 stories
or 16 m in height
20.00-02c Issuing certificate of supervision &
completion of all buildings
20.00-02d Preparation of all service plans &
related information connected with development
permit
20.00-02e Issuing certificate of supervision for
development of land for all area
20.00-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
Page 80 of 168
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
20.00-A2.3.1.1
20.00-03a 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 20.00 Para T by petitioner)
NBC 2005 has rightly included competencies, related
to Civil Engineers / Structural Engineers
Civil Engineers
Page 81 of 168
Explanation 20.00-1 Structures are designed &
executed by civil engineers all over globe, which
profession should be granted its rightful role on
buildings now
Explanation 20.00-2 Therefore, in India also, all
structures of all types should be entrusted for
design & construction to Chartered Civil Engineers
only
Explanation 20.00-3 All Building projects all over
India should be carried out only by Chartered
Engineers (India) Civil
Explanation 20.00-4 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
Page 82 of 168
Explanation 20.00-5 Architect should confine to
buildings architecture role, space designs &
coverings / envelope only, since degree in
architecture does not equip person with competency
on structural designs & structural prosecution
activities / disciplines
21.00 Para U
(Refer to Petitioner’s Exhibit PE12)-COA
Objections About BIS 2015
Ref CA/28/2015/BIS (NBC) December 23rd 2015
21.00.1 On December 23rd 2015 Council of
Architecture filed one letter communication with
BIS regarding part 2 Administration, related to
qualification of Engineers & Structural Engineers
21.00.2 Council of Architecture recorded that
only Architects are professionals & Engineers are
not. Professional/s
21.00.3 Council of Architecture recorded that
BIS had no power / authority to decide on
Page 83 of 168
qualifications of Architects, Engineers &
Structural Engineers
21.00.4 Council of Architecture recorded
impliedly that only Architects had to work
statutorily on buildings
22.00 Para V
(Refer to Petitioner’s Exhibit PE1)-Mail sent To
IEI About COA July 14th 2016
22.00.1 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
23.00 Para W
(Refer to Petitioner’s Exhibit PE2)-Mail sent To
COA July 31st2016+IEI
Page 84 of 168
23.00.1 Foregoing E mail included in PE1 was
forwarded to Council of Architecture, requesting to
resolve issue or else a PIL shall be filed
24.00 Para X
(Refer to Petitioner’s Exhibit PE3)-Grievance
Status Against COA Filed With PMO-July 17th 2016
24.00.1 Issue of Comprehensive Architectural
Services, per Regulations notified on May11th1989
under Architect Act 1972 mandate was filed on PMO
honourable PM interaction portal
24.00.2 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.
25.00 Para Y
(Refer to Petitioner’s Exhibit PE5)-Mails To
Ministries Law + HRD + UD, Regarding COA July 28th
2016
Page 85 of 168
25.00.1 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
26.00 Para Z
(Refer to Petitioner’s Exhibit PE6-Mail sent To
Hon Speaker Lok Sabha COA July 28th 2016)
26.00.1 A mail was sent to honourable speaker of
Lok Sabha, regarding Issue of Comprehensive
Architectural Services, per Regulations notified on
May11th1989under Architect Act 1972
26.00.2 Action-No action intimated to us yet
27.00 Para AA
IEI Royal Charter 1935 Issue 7
27.00-1 Role related to Building Civil
Engineers/Building Structural Engineers & Building
Services Engineers
27.00-2 Detailed Explanation
Page 86 of 168
Regarding Qualified Civil Engineers, further
explanation is given as follows
27.00-1-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
27.00-3 The Institution of Engineers (India)
27.00-3-a Brief Background of ‘The Institution of
Engineers (India)’
27.00-3-b Consequent upon recommendation by Indian
Industrial Commission, was Established in 1920
under Indian Companies Act, ‘The Institution of
Engineers (India)’
27.00-3-c In 1935, The Institution of Engineers
(India) / abbreviated as IEI had been granted Royal
Charter of Incorporation by HM King George 5th
27.00-4 Objective under Royal Charter of IEI
Page 87 of 168
27.00-4.1 Objective of IEI Royal Charter has been
as briefly enumerated hereunder, vide Article 2 or
Present 2 included, within this Charter, quoted as
27.00-4.2 “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 –
27.00-4.2 (a) To promote and advance the science,
practice and business of Engineering in all its
branches (hereinafter referred to as “Engineering”)
in India.
27.00-4.2 (b) To establish, subsidise, promote,
form and maintain local Associations of members
belonging to the Institution and others engaged or
Page 88 of 168
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.
27.00-4.2 (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.
27.00-4.2 (d) To promote the study of Engineering
with a view to disseminate the information obtained
Page 89 of 168
for facilitating the scientific and economic
development of Engineering in India.
27.00-4.2 (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.
27.00-4.2 (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
Page 90 of 168
conduct and qualifications of Engineers or
otherwise howsoever.
(Explanation 27.00 Para AA by Petitioner)
The Institution of Engineers (India) has also, been
empowered by Royal Charter 1935 to grant Competency
Certificates, required under any Act of Government
of India or Local Governments. No other governing
or regulatory body has been authorised to issue
such competency certificates to Engineers in India
at National level. Chartered Engineer (India) &
Professional Engineer (India) are Competencies
certificates, respecting official authorization of
Engineers in India
27.00-4.2 (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
Page 91 of 168
and others in regard to all matters affecting
Engineering.
27.00-4.2 (h) To encourage inventions and
investigate and make known their nature and merits.
27.00-4.2 (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.
27.00-4.2 (j) To promote efficiency and just and
honourable dealing and to suppress malpractice in
engineering.
27.00-4.2 (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.”
(Explanation 27.00 Para AA by petitioner)
Explanation 27.00-1 Provision empowers IEI to chart
out required policy, so as to effect achievements
Page 92 of 168
of IEI objectives & support its Corporate Members
Chartered Engineers (India) for practice.
Explanation 27.00-2 Whereas, Article or present 16
empowers every Corporate Member of this Institution
to take or use Name & Title Chartered Engineer
(India)
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)”.”
Explanation 27.00-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 1935
provisions, as indicated in brief below
Page 93 of 168
27.00-4.3 “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 –
27.00-4.3 (a) To promote and advance the science,
practice and business of Engineering in all its
branches (hereinafter referred to as “Engineering”)
in India.
(Explanation by petitioner)
a For information to benefit of Hon court, this
institution is abbreviated for writing purpose as
IEI, while it regulates 15 engineering branches
27.00-4.4 Reference on IEI URL
Issue 7
http://www.ieindia.org/Chartered.aspx
Chartered Engineer (India)
Eligibility Criteria for Chartered Engineer
Page 94 of 168
Any Life Corporate Member of the Institution of
Engineers (India) can designate himself as a
Chartered Engineer (India)
27.00-Article 22
And, We do hereby, for Us, Our Heirs & Successors
Grant & declare that these our letters Patents, or
enrolment or exemplifications thereof, shall be in
all things good, firm, valid & effectual, according
to true intent & meaning of same, & shall be taken,
construed & adjudged in all our Courts or elsewhere
in most favourable & beneficial sense & for best
advantage of said Institution, any mis-recital,
non-recital, omission, defect, imperfection, matter
or things whatsoever notwithstanding
In witness whereof, We have caused these Our
Letters to be made Patent
Article/Present 22 above evidently, provides
protections to IEI Charter & functioning of The
Institution of Engineers (India) by confirming
validity, effect, benefits & all powers entrenched
Page 95 of 168
within IEI Charter for this body corporate &
politic & for all its Corporate Members/Chartered
Engineers (India), who are by virtue of IEI Charter
1935, legally authorised to conduct practice of
Engineering in India in respective branch of
Engineering, to which Corporate Member/Chartered
Engineer (India) is attached with. Whereas, all
Engineering professional Competencies are required,
related to branch of engineering, can be drawn from
implied provisions contained within IEI Charter,
which Government of this body IEI, its national
Council must chart out & publish in interest of
general public & all engineers.
28.00 Para AB
Role of Chartered Engineers (India) Petition
Submission Starts
28.00.01 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
Page 96 of 168
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 His Excellency, 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
28.00.02 Whereas, Also, legal status of this
Royal Charter, by constituted script of language,
suggests, defines & confirms that it is Warranted
by Royal Prerogative of HM King George 5th a Prime
Legislation, an independent of any other Act based
Constitutional document in form of Public Record,
duly caused with Letters Patents, Warranted by HM
Page 97 of 168
then King George 5th, which still continues to be
in force,
28.00.03 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, in spite of facts that
professional regulation can be made under
Concurrent List entry 26 per Schedule VII
Constitution of India, which power of regulation of
‘Engineers’ vests with IEI only
28.00.04 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
Page 98 of 168
28.00.05 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 included within IEI Royal Charter
1935
28.00.06 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
Page 99 of 168
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
28.00.07 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
28.00.08 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 &
Page 100 of 168

particularly, in civil engineering branch, on
‘Designs & Erection of buildings & town layouts’,
28.00.09 Whereas, it is respectfully submitted to
Honourable Court that Chartered Engineer (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
Page 101 of 168

an engineering degree with a minimum from 15 to 20
years attained practical experience to be entitled
FIE(India)
28.00.010 Whereas, 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
28.00.010-a. ‘Professional Engineer (India)’
being open to Engineers from all recognised
societies in India &
28.00.010-b. Other being ‘International
Professional Engineer (India)’ open to all
Professional Engineers, already approved as
‘Professional Engineers (India)’ &
28.00.010-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
Page 102 of 168

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 include, namely US, UK,
Australia, Canada, South Africa, China, Japan,
German, Korea etc.
28.00.010-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’.
28.00.010-e. After evaluation of competency by
National Committee of relevant engineering
discipline, applicant engineer is certified as a
Page 103 of 168

“Professional Engineer” by a Board for
Certification of Professional Engineers (BFC).
28.00.010-a. A Professional Engineer may be
designated as IntPE(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.aspx
Page 104 of 168

PROFESSIONAL ENGINEERS &
INTERNATIONAL PROFESSIONAL ENGINEERS CERTIFICATION
28.00.010-b 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 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.
28.00.010-c Assessment PE(India) & IntPE(India)
Assessment of application including Assessment
Examination is conducted by national committees of
different engineering disciplines formed by
Page 105 of 168

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
28.00.010-d. Qualification for Certification as
Professional Engineer
28.00.010-d1 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;
Page 106 of 168

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.
28.00.010-d2 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
28.00.010-d3 Requirements of Competency for
Professional Engineers
i) Application of engineering theory, standards and
practices;
Page 107 of 168

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.
28.00.010-d4 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.
Page 108 of 168

28.00.011 Therefore, 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?
28.00.012 Not 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
Page 109 of 168

28.00.013 Such 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, Governments 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,
28.00.013a. 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,
Page 110 of 168

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 1989 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
28.00.013b. 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
Page 111 of 168

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.
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
Page 112 of 168

May11th1989 & in pursuant to these Regulations,
Referral COA/DOC/03/2002/APR/12&13 (Refer to
Petitioner Exhibit PE 20), which provisions
encroach upon professional roles to be undertaken
by Chartered Civil Engineers/Structural Engineers &
other Chartered Building Services Engineers &
therefore, these irrelevant roles included under
Comprehensive Architectural Services May11th1989 &
in pursuant thereto, vide said referral
COA/DOC/03/2002/APR/12&13 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
28.00.013c. 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
Page 113 of 168

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, whereupon 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
28.00.014 Further 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 management
requirements/safety during design consideration &
safety during erection stages under civil
engineering project management discipline, issue of
completion certification & issue of stability
Page 114 of 168

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
28.00.014a. 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 &
Page 115 of 168

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)
28.00.014b. 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
28.00.015 Chartered 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
Page 116 of 168

28.00.016 Therefore, Honourable Supreme Court is
prayed to devise a direction & order to Government
of India, all state governments, all such state
governments authorities, all authorities, all
municipalities, other authorities & others, as
relevant in India to direct & order 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
existence ‘role of engineers’ in society &
contribute onto ‘national development’
28.00.017 Just for purpose of information of
reference, it is brought to Honourable court’s
attention that in year 1833,
28.00.017a. Ministry of Law Government of India
had been established by Royal Charter 1833,
Page 117 of 168

28.00.017b. While in 1862 Honourable High courts
of Bombay, Madras & Calcutta had been established
by Charters/Letters Patent, under then High Courts
Act &
28.00.017c. All such granted Charters of
Honourable High Courts have still been in force,
without any dissolution or repeal or annulment
28.00.018 It 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 an Engineering
Profession & Indian Engineers Regulatory Body as
referred onto IEI Royal Charter 1935, 22 # Presents
28.00.018a. Present # 2(f) empowers IEI 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 &
Page 118 of 168

28.00.018b. For attaining advancement, promotion
& application of engineering & engineering sciences
in India &
28.00.018c. 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, by
virtues to act as a state agency for functional
instrumentality to objectively work for issue of
Chartered Engineers(India) & Professional Engineers
(India) certifications in all engineering branches,
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 5 th,
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’ not dependent on any other statute for
drawing its powers & whereas, such Royal Charter
approval was declared as an ‘Order in Council’,
Page 119 of 168

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
28.00.018d. 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, (Refer to Petitioner’s Exhibit PE 13)
28.00.018d-a 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
Page 120 of 168

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, but RTI information
moved by Eng Altaf Usman Batliwala & consequent
response No. RS/2(86)/2012-RTI dated February 24th
confirms that petition does not stand admitted &
therefore, deemed dismissed (Refer to petitioner’s
Exhibit PE 13a)
28.00.018d-b Following thereafter, also, had been
applied under RTI Act 2005 by Eng Altaf U Batliwala
to Honourable Law Commission March 9th 2012/Law
Ministry March 1st 2012, March 22nd 2012, April 1st
2012, May 9th 2012/Home Ministry/Attorney General of
India December 23rd 2012/Ministry of Corporate
Affairs March 31st 2012, 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
Page 121 of 168

28.00.018d-c Also, in 2012 filed one petition by
Eng Altaf Usman Batliwala onto August House of
‘Rajya Sabha’ seeking to ensure IEI Charter
Constitutional legal status, but no concrete
results were achieved. It appears that there being
no one in Government of India to respond to all
such applications under RTI in a reasonable manner
& with responsibilities, since, all authorities
have tried to shed away responsibility in this
regard.
28.00.018d-d (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 as indicated below
‘Official communication received by SMS on August
9th 2016, which confirmed that case was closed,
Page 122 of 168

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)’
29.00 Para AC
This information contains necessary material facts
To IEI Communications dated August 2nd.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
The President
August 2nd .2016
The Institution of Engineers (India)
8 Gokhale Road 700020
president@ieindia.org
Page 123 of 168

Subject-
29.00-1 Designs & Constructions of Buildings in
India
29.00-2 Architect Act 1972 & under it
Constituted Regulations ‘Comprehensive
Architectural Services 1989 notified on May
11th1989’
29.00-3 Competencies related to Chartered
Engineers (India) Civil
Respected Sirs,
29.00.01 In relation to foregoing subject, mails
were forwarded to IEI
29.00.02 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,
Page 124 of 168

promotions & business in all branches of
Engineering in India
29.00.03 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
29.00.04 Unfortunately, Chartered Engineers
(India) community remained unaware about these
regulations, which were constituted under said
statute, must have been duly approved by Council of
Ministers & Parliament of India, in compliance per
existing provisions under Architect Act 1972
29.00.05 Initially, in 1972, no such provisions
had been included within Architect Act 1972, which
provisions mandate protection of Architect title &
matters connected therewith
But 17 years later in year 1989, Council of
Architecture a statutory body under said Act
Page 125 of 168

managed to integrate aforesaid reference
Regulations under mandate of Architect Act 1972
29.00.06 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
29.00.07 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
29.00.08 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..
Page 126 of 168

29.00.001 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)
29.00.002 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
Page 127 of 168

other non registered Engineers, related to
engineering activities or operations
29.00.003 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
29.00.004 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
1988 & 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)
29.00.005 It is not understood about, why these
Corporate Members IEI constituting part on Council
Page 128 of 168

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
29.00.006 Architect Act 1972 is a Special Law 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
29.00.007 Even Bureau of Indian Standards can
issue only Guide lines to be followed by adoption
Page 129 of 168

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
29.00.008 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.
29.00.009 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
29.00.0010 IEI 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
Page 130 of 168

29.00.0011 Empowerment 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
29.00.0012 Competency certificate should speak &
notify about professional power that engineer can
work for & deliver to public & clients
29.00.0013 It 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
29.00.0014 Therefore, IEI should take initiative &
lead nation on similar grounds as Council of
Architecture have done in 1989 & thereafter, to
protect profession of Engineering, since IEI Royal
Charter 1935 mandates that IEI can do whatever is
Page 131 of 168

conducive in interest of Engineering, as a matter
of framing policy in national & social interest
29.00.0015 Expected that IEI shall serve
Engineering community, so that best professional
service could be extended to public with trust &
goodwill
29.00.0016 Howsoever, 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
30.00 Para AD
Reproduction of Transcripts of Petition filed with
Council of States (Rajya Sabha)
30.00.01 19.5.2003
Page 132 of 168

To 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
30.00.02 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
Page 133 of 168

[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.
30.00.03 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,

Page 134 of 168
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 Address Signatur

petitioner
Suraj Singh PE 3373 Delhi Gate, New May 19,
28 Delhi 110002, 011- 2003
IEI Corporate 23261748,
Member MIE 9810088592, E mail
046231/9 suraj_engineer@yah
Indian citizen oo.co.uk
31.00 Para AE
Transcript of a communication received from Rajya
Sabha on July 24, 2003
July 24, 2003
Page 135 of 168

31.00.01 Received a letter from Rajya Sabha on July
24, 2003 the contents of which have been given
below
PARLIAMENT OF INDIA /RAJYA SABHA
SECRETARIAT/Telegram “PARISHAD”/Fax: (91 11)
3014948/3015585/3012376 PHA
(91 11) 3792940/3011207/3793376 PH
Telephone:/ Website: http://parliamentofindia.nic.in/Email:
rsc2pet@sansad.nic.in/Parliament House/Annexe New Delhi
110001
No: RS. 2(6)2003-Com-II Dated the 23rd
July, 2003
From
G.C.Miglani, Deputy Secretary
To
Shri Suraj Singh, IEI Registered Professional
Engineer (India)
3373, Delhi gate, New Delhi-110002
Sub- Making it mandatory for Indian
Institutions/Municipalities etc. to accept IEI
Page 136 of 168

Chartered Engineer/Professional Engineer
Certification- petition regarding.
31.00.02 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 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
Page 137 of 168

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.
31.00.03 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 faithfully
Sd/- (G.C.MIGLANI) DEPUTY SECRETARY PHONE: 23034557
E-mail miglani@sansad.nic.in
32.00 Para AF
Page 138 of 168

(Herein are transcripts of communication/response
letter posted by IEI to DGFT & Parliament on
4.8.2003)
32.00.01 Institution of Engineers (India)
(Established 1920, Incorporated by Royal Charter 1935)
8 GOKHALE ROAD, KOLKATA –700 020, INDIA
HOLOGRAM
Cdr A.K. Poothia, IN (Retd.)
Phone (91) (33) 2223 8230
Secretary & Director General Fax (91)
(33) 2223 8345
E-mail arvindpoothia@hotmail.com
Ref: Memb/SDG/CE/PE-106
August 04, 2003
The Director General of Foreign Trade,
Ministry of Commerce & Industry,
Department of Commerce,
Udyog Bhawan
New Delhi- 110 011
Attn: Shri
Anil Aggarwal, Deputy, DGFT
Dear Sir,
Page 139 of 168

Sub: Making it mandatory for Indian
Institutions/Municipalities etc. to accept IEI Chartered
Engineer/ Professional Engineer Certification
32.00.02 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.
32.00.02-2. 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.
32.00.02-3. 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
Page 140 of 168

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.
32.00.02-4. By virtue of Royal Charter, the Institution is
empowered to issue Chartered Engineer(India) 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
(India0 as he has gone through the required scrutiny and
possess required qualification and experience in the
engineering discipline.
Page 141 of 168

32.00.02-5. An engineer can become chartered
engineer(India) 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.
32.00.02-6. Apart from Chartered Engineer(India)
Certificate, the Institution (IEI) introduced Professional
Engineer (India)(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.
32.02-6 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
Page 142 of 168

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 three Fellows of the
Institutions
SELECTION
32.00.02-7. 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.
32.00.02-8. 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.
Page 143 of 168

32.00.02-9. 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.
32.00.02-10. Hence, it would be seen that Chartered
Engineer(India) and Professional Engineer(India)
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.
32.00.02-11. All Chartered Engineers(India), Professional
Engineers(India) 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.
32.00.02-12. Hence, entrusting the responsibilities to such
Chartered and Professional Engineers would ensure
professional inputs, regulated and accountable conduct.
Thanking you,
Yours faithfully,
Page 144 of 168

Sd/ Cdr A K Poothia, IN (Retd) Secretary & Director General
Enclosed:
1) Royal Charter 1935
2) Rules Book of IEI-Vol I
3) Letter Ref. No. F.8-4/78-T.7 dtd. 16.08.1978 from MESO,
Govt of India
4) A Pathway to Professional Development
5) Code of Ethics of Corporate member
cc: 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
33.00 Para AG
(Transcript of Communication received by P Eng
Suraj Singh petitioner from Rajya Sabha Deputy
Secret dated 18.9.2003)
33.00.01
Page 145 of 168

No. RS.2(6)/2003-Com-II
Dated the 18th September, 2003
From
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.
33.00.02 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: miglani@sansad.nic.in
Page 146 of 168

33.00.03 No further information was ever received
by me, Chartered Engineer (India) / Professional
Engineer(India) Suraj Singh petitioner from Rajya
Sabha Committee in this regard
33.00.04 Yet, in response to one RTI filed by Eng
Altaf Usman Batliwala (Refer to Rajya Sabha
No.RS./2(86)/2012-RTIdated February 24th 2012)
received by Eng Altaf Usman Batlwala from Rajya
Sabha Secretariat, which is reproduced as follows
33.00.05 Quote
It is to inform that as per information available,
petition of Shri Suraj Singh was received in
Committee section (Petitions). However, same does
not stand admitted per records of section. Records
related to processing of this petition is not
available at this stage in terms of retention
schedule (Refer to Petitioner’s Exhibit PE13a)
Unquote
34.00.00 Para AH
International contracts Issue 8
International bodies leading on Contracts
Page 147 of 168

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.
35.00.00 Para AI
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
FIDIC General Conditions of Contracts for
Construction Red Book 1999
35.00.01 1.1.2.4 (Refer to Petitioner’s
Exhibit PE 21)
35.00.02 ‘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
Page 148 of 168

Employer to be notified to contractor under sub-
clause 3.4
35.00.03 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
35.00.04 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
35.00.05 1.1.2.10
FIDIC means the federation Internationale des
Ingenieurs Conseils or in English language it is
Page 149 of 168

‘The International Federation of Consulting
Engineers’
35.00.06 This international organisation is
responsible to standardise various type of
contracting forms to be used on all types of
contracts around world
35.00.07 3.1 (Refer to Petitioner’s Exhibit PE22)
‘Engineer’-Engineer’s duties & authority
35.00.07-3.1a Employer shall appoint ‘Engineer’,
who shall carry out duties assigned to it in
contract.
35.00.07-3.1b Engineer’s staff shall include
suitably qualified ‘Engineers’ & other
professionals, who are competent to carry out these
duties
35.00.07-3.1c ‘Engineer’ shall have no authority
to amend contract
35.00.07-3.10c-a ‘Engineer’ may exercise
authority attributable to ‘Engineer’, as specified
in or necessarily to be implied from contract.
Page 150 of 168

35.00.07-3.10c-b If ‘Engineer’ is required to
obtain approval of Employer, before exercising a
specified authority, requirement shall be stated in
Particular conditions.
35.00.07-3.10c-c Employer undertakes not to
impose further constraints on Engineer’s authority,
except as agreed with contractor
35.00.07-3.10c-d 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
Page 151 of 168

‘Engineer’ (including absence of disapproval) shall
not relieve contractor from any responsibility for
error, omissions, discrepancies & non compliance
35.00.08 11.9 (Refer to Petitioner’s Exhibit
PE24)
Performance Certificate
35.00.08.11.9a 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
(Explanation 35.00 Para AI by petitioner)
Explanation-35.00-1 Foregoing contentions, relate
to External/International references FIDIC
applicable on Construction & Design & Construction
Contracts, which have been included for information
benefit of Honourable court to apprise status of
‘Engineer/Engineer’s definition on Contracts &
Page 152 of 168

description of respective duties & obligations to
be effected for discharge professionally
Explanation-35.00-2 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’
Explanation-35.00-3 ‘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.
Page 153 of 168

Explanation-35.00-4 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)
Explanation-35.00-5 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 whatever completion dates
Explanation-35.00-6 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
Page 154 of 168

Explanation-35.00-7 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 & total lifetime of project
Explanation-35.00-8 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
36.00 Para AJ
36.00-a International References 2-NEC New
Engineering Contract UK (Refer to Petitioner’s
Exhibit PE25)
Page 155 of 168

36.00.01 Related to construction contracts &
professionals considered, within such contracts for
purpose of design & supervisions of works
36.00.02 NEC Engineering and Construction Contract by
Institution of Civil Engineers UK
36.00.03 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.
36.00.04 As such they legally define responsibilities
and duties of Employers (who commission work) and
Contractors (who carry out work) in Works
Information.
36.00.05 The contract consists of two key parts
Contract Data part one (Data provided by Employer)
and Contract Data part two (Data provided by
Contractor).
Page 156 of 168

36.00.06 Several approaches are included making it a
family of options.
36.00.07 It is used in the UK and internationally in
countries, including New Zealand, Australia, Hong
Kong and South Africa.
36.00.08 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.
36.00-b Characteristics
NEC is a family of standard contracts, each of
which has these characteristics:
36.00.01 Its use stimulates good management of
relationship, between two parties to contract and,
hence, of work included in contract.
36.00.02 It can be used in a wide variety of
commercial situations, for a wide variety of types
of work and in any location.
Page 157 of 168

36.00.03 It is a clear and simple document - using
language and a structure, which are straightforward
and easily understood.
36.00-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.
Options
36.00.0001 NEC contracts now form a suite of
contracts, with NEC being brand name for "umbrella"
of contracts.
36.00.0002 When it was first launched in 1993, it
was simply "New Engineering Contract".
36.00.0003 This specific contract has been renamed
"Engineering and Construction Contract" which is
main contract used for any construction based
project.
Page 158 of 168

36.00.0004 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.
36.00.0005 Contracts available within suite are:
Engineering and Construction Contract (ECC):
36.00.0006 Suitable for any construction based
contract, between an Employer and a Contractor.
36.00.0007 It is intended to be suitable for any
sector of industry, including civil, building,
nuclear, oil & gas, etc.
36.00.0008 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:
36.00.0009 (Explanation 36.00 Para AJ by
petitioner)
Explanation-36.00-1 Foregoing contentions, relate
to External/International references NEC on
Construction Contracts has been included for
information benefit of Honourable court to apprise
Page 159 of 168

status of Engineer/Engineer’s definition on
Contracts & description of respective duties &
obligations to be effected/discharged
professionally
Explanation-36.00-2 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
Explanation-36.00-3 All NEC designed forms of
contracts & execution/ prosecution of projects
performance are supervised & administered by
Chartered Civil Engineers
37.00 Para AK
Certain Authoritative Conclusive References
Page 160 of 168

Certain Conclusive References from Indian Courts,
Local Bodies/Authorities/Architect Bill
Presentation in parliament given below
37.00-Reference1 Allahabad high court judgment
against UP State Government Notification- Petition
# 27386 of 1997
Uttar Pradesh Government notified on June 24th 1997
that reconstruction of building up to 300 sqm in
area, maps prepared per bye laws of Development
Authority, signed & certified by Registered
Architect, No approval of Development Authority was
required. Notification was challenged in Hon
Allahabad High Court.Justice M Katju & Justice J C
Misra stayed impugned notifications on September
29th 1997. Arguments were heard. Acknowledged that
such a notification will amount to discrimination
in respect of Engineers & diploma holders
37.00-Reference2 Hon Kerala Hon High Court
Judgment dated October 14th 2003 in OP# 33507 of
2000
Page 161 of 168

Government of Kerala is pleased to accord sanction
to exempt Corporate Members of Institution of
Engineers (India) also, from taking license from
Municipal Authorities, as in case of Architects
considering qualifications & experience of
Corporate Members
37.00-Reference3 Kolkata Municipal Corporation
circular # 43 of 1999-2000-
It has been decided that Civil Engineers, who are
Members/Fellows of The Institution of Engineers
(India) are deemed to be authorised to act as
Building Surveyors under CMC
37.00-Reference4 Banglore Municipal bye laws 2003
dated Feb 21st, 2004-
IV-3 Engineer
IV-3.1 & IV-3.2 Qualification & Competence
Minimum qualification & competence is stated
strictly per provisions in National Buildings code
37.00-Reference5 Uttar Pradesh Government
circular dated January 5th 2008 (Refer to
Page 162 of 168

Petitioner’s Exhibit PE 26)In whole UP state,
118(1)/8-1-8/07
Civil Engineers, who are Corporate Members of The
Institution of Engineers (India) are authorised to
practice, per competence stated in NBC 2005
Similar to architects, Engineers will not be
required to take any license or registration of any
authority, related to construction or development
37.00-Reference6 No charges for Engineers
registered by Bhuvneshwar Development Authority
37.00-Reference7 MIDC –Maharastra- DC rules had
mentioned only Architects. After representations,
Engineers were included
37.00-Reference8 Maharastra State Agricultural
Marketing Board Pune advertised for panel
Architects, to which after representation,
Engineers were included
37.00-Reference9 Melagaon Municipal Corporation
district Nasik advertised only for Architects, to
which after representation, Engineers were included
Page 163 of 168

37.00-Reference10 During Architects Bill
Presentation in Parliament-
Statement of Objects & Reasons- this legislation
protects title Architects, but does not make
Design, Supervision & Construction of buildings as
an exclusive responsibilities of Architects.
Other professions like Engineers will be free to
engage themselves in their normal vocations in
respect of building construction work, provided
that they do not style themselves as Architects
38.00 Para AL
Concluding Prayers Issue 9
Concluding Payers
38.00.01 That a prayer is 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
Page 164 of 168

of Architecture Regulation 1989 & pursuant to these
Regulations, published on Council of Architecture
website Referral Document COA/DOC/03/2002/APR/12&13
(Refer to Petitioner Exhibit PE 20), which document
enlists all services disputed / impugned list on
page 53 handbook of professional documents, Council
of Architecture
38.00.02 And, that 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 Competent Engineers
attached to various professional societies, from
respective branches of engineering may be able to
work for public & required legally, to work on
various engineering disciplines, pertinent all
Page 165 of 168

engineering activities competency wise, so as to
realise in existence, professional practicing role
of engineers in society & contribute onto national
development / delivering Quality Engineering
Services. In this regard a common communiqué was E
mailed to various state government requesting to
comply by IEI Charter provisions/mandate, which
permits Chartered Engineer[India] freely practice
Engineering profession & in particular, on
Buildings & Buildings structures (Refer to PE 28)in
consequence to which, no response received at all.
38.00.03 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,
Page 166 of 168

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. In this regard petitioner has submitted its
proposal dated November 1st 2016 & reminders
thereafter dated November 25th 2016 & dated December
29th 2016 & 19th February 2017 to The Institution of
Engineers[India] to constitute Engineers
Competencies Byelaws respecting Engineers, who
professionally, practise on activities of designs &
construction of Buildings (Refer Petitioner Exhibit
PE 27), but no response in this regard received
from The Institution of Engineers[India] Article 18
IEI Royal Charter 1935 empowers IEI Corporate
Members to enact byelaws to meet professional
requirements
38.00.04 And, that it is further prayed for title
protection, Whereas IEI Charter being a letters
Page 167 of 168

patented law, & whereas its Present/Article 22
protects IEI & its Corporate Members Chartered
Engineers (India) in each & every deemed
professional engineering powers, authority &
respects appended thereto, titles 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 or otherwise
similar objective, be prohibited / banned from
‘Engineer’ title use, with action taken under
Indian Panel Code in case of its violation.
Page 168 of 168


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PIL In Hon SCI By Chartered Engineers (India)-22.01.

February 22nd 2017

Hon'ble the Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India.

New Delhi- India

Petition Under Constitutional Article 32 (1) Public

P2 Eng Suraj Singh IntPE(India), Chartered

P3 Eng Ashok Manhar Chartered Engineer (India)MIE M

R1 Council of Architecture, an autonomous statutory

R2 Ministry of Law & Justice GOI

R3 Ministry of Human Resources & Development GOI

R4 Ministry of Urban development GOI

R5 Institution of Engineers (India),IEI,

(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

An Email based formal Notice was served on Ld

statutory body Council of Architecture on August 8th

2016 forenoon & its reminder #1 on August 25th 2016,

its reminder #2 on September 8th 2016 & its reminder

#3 on September 24th 2016 under copy each time to

Respondents 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)

Constitution of Architectural Professional Conduct

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

1 Role of Architects’ on Buildings Designs &

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

is having force of a statute, with having an

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

Role of Chartered Engineers (India) Various

Petition about ‘Building Engineering Professional

This petition is related to Professional Activities

to be carried out by Architects, Chartered

Engineers (India), Professional Engineers (India) &

Engineers, attached to various professional

(NFRI=Nature of Fundamental Rights Infringed)

Nature of Fundamental Rights Infringed & Relief

Issues Included on this petitions, about

fundamental rights infringed, which are as listed

NFRI-Issue1 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