Enginerring council Act, 2055 E
1
Nepal Engineering Council Act, 2055 (1999)
Date of Authentication and Publication
2055.11.27 (9 March 1999)
Amendment
Republic Strengthening and Some Nepal
Laws Amendment Act, 2066 (2010)1 2066.10.7 (21 Jan. 2010)
Act Number 23 of the Year 2055 (1999)
An Act Made to Provide for Nepal Engineering Council
Preamble: Whereas, it is expedient to provide for the Nepal Engineering Council
in order to make the engineering profession effectiv in Nepal and mobilize it in a
systematic and scientific manner and also to provide for, inter alia, the registration
of the names of engineers according to their qualific t on;
Now, therefore, be it enacted by Parliament in the Twenty-Seventh year of
the reign of His Majesty King Birendra Bir Bikram Shah Dev.
Chapter -1
Preliminary
1. Short title and commencement: (1) This Act may be called as the
"Nepal Engineering Council Act, 2055 (1999)."
(2) This Act shall come into force on such date as the Government of
Nepal may appoint, by publishing a Notification in the Nepal Gazette.2
1 This Act came into force from 15 Jestha 2066, "Prasasti" and the word "Kingdom" has been deleted. 2 This Act came into force on 2056.6.1 (18 Sept. 1999) (Nepal Gazette of 2056.6.1(18 Sept. 1999).
2
2. Definitions: Unless the subject or the context otherwise requires, in this
Act,-
(a) "Council" means the Nepal Engineering Council established
pursuant to Section 3.
(b) "Chairperson" means the chairperson of the Council.
(c) "Member" means the member of the Council, and this erm also
includes the chairperson and member-secretary of the Council.
(d) "Engineer" means a person who holds at least Bachelor's Degree in
an engineering subject from an academic institution recognized by
the Council.
(e) "Engineering profession" means the profession to be practiced by the
engineers who have acquired technical knowledge and skills in the
subjects as referred to in the Schedule.
(f) "Register" means the register prepared pursuant to Section 15.
(g) "Registered engineer" means an engineer whose name has been
registered in the register.
(h) "Registrar" means the person appointed pursuant to Section 27.
(i) "Subject committee" means the subject committee constituted
pursuant to Section 32.
(j) "Prescribed" or "as prescribed" means prescribed or as prescribed in
the Rules made under this Act.
3
Chapter-2
Establishment, constitution, functions, duties and
powers of the Council
3. Establishment of Nepal Engineering Council: The Nepal Engineering
Council is hereby established in order to mobilize the engineering
profession in a systematic and scientific manner by making it effective, as
well as to make provisions for, inter alia, the registration of the names of
engineers according to their qualifications.
4. Council to be an autonomous body: (1) The Council shall be an
autonomous body corporate with perpetual succession.
(2) The Council shall have a separate seal of its own for all of its
activities.
(3) The Council may, like an individual, acquire, use, own, sell or
otherwise deal with any movable and immovable properties.
(4) The Council may, like an individual, sue or be sued by its name.
5. Composition of the Council: (1) The Council established pursuant to
Section 3 shall consist of the following members:
(a) An engineer nominated by the Government
of Nepal from amongst the engineers who
have at least Fifteen years' of experience in
the engineering profession after having
obtained a bachelor's degree in engineering
-Chairperson
(b) An engineer nominated by the Government
of Nepal from amongst the engineers who
have at least Ten years' of experience in the
4
engineering profession after having
obtained a bachelor's degree in engineering
-Vice-chairperson
(c) Five engineers nominated by the
Government of Nepal from amongst the
engineers engaged in engineering
profession
-Member
(d) President, Nepal Engineers Association -Member
(e) Five engineers elected by Nepal Engineers
Associations
-Member
(f) One Campus Chief nominated by the
Government of Nepal from amongst the
Campus Chiefs of Engineering Colleges
-Member
(g) Representative, Institute of Engineering,
Tribhuvan University -Member
(h) Two engineers nominated by the Council -Member
(i) Registrar -Member Secretary
(2) While making the nomination and conducting election of
members in accordance with Clauses (c) and (e) of the Sub-section (1),
such nomination and election shall be made or conducte from separate
subjects of the engineering profession on the subject-wise basis.
(3) Until election is held for the members as referred to in Clause (e)
of Sub-section (1), the engineers nominated by the Nepal Engineers
Association shall be the member s of the Council.
5
(4) While making nomination for the representative n accordance
with Clause (g) of Sub-section (1), such nomination shall be made from
amongst the engineers.
(5) The Council may, if it deems so necessary, invite any expert to
participate in its meetings.
6. Tenure of office of members: (1) The tenure of office of the members
nominated or elected to the Council shall be Four years. The members
whose term of office has expired may be re-nominated or re-elected,
subject to the other provisions contained in this Act.
(2) If the office of a member falls vacant prior to the expiry of the
term of office, the office so fallen vacant shall be filled through nomination
or election of another member for the remainder of the term.
7. Disqualification for being member: Any of the following persons shall
not be eligible to be nominated or elected to the office of member of the
Council:
(a) A non-Nepalese citizen;
(b) A person whose name has been removed from the register;
(c) A person who has become insolvent upon being unable to repay
loans of creditors;
(d) A person who has been punished by a court upon being convicted in
a criminal charge involving moral turpitude; and
(e) A person who is of unsound mind.
8. Circumstances where membership terminates: The membership of
the Council shall be deemed to have been terminated in any of the
following circumstances:
(a) If the member is disqualified under Section 7;
6
(b) If the resignation tendered from the office of member is
accepted;
(c) If the member, without giving a prior notice with the reasons
to the Council, absents himself or herself from three
consecutive meetings of the Council;
(d) If the member dies.
9. Functions, duties and powers of the Council: The functions, duties
and powers of the Council shall be as follows, in addition to the functions,
duties and powers set forth elsewhere in this Act:
(a) To prepare and implement policies, plans and programmes as
required for carrying out the engineering profession n a proper
manner;
(b) To recognize, as prescribed, academic institutions providing
engineering education, and certificates and degrees granted by such
institutions;
(c) To determine requisite qualifications for practicing the engineering
profession and to register as prescribed with the Council the names
of persons having possessed the specified qualifications;
(d) If a registered engineer violates the professional code of conduct as
prescribed or does not comply with it, to remove thname of such
an engineer from the Council by fulfilling the procedures as
prescribed.
10. Meetings and decisions of the Council: (1) The meetings of the
Council shall generally be held Four times a year.
Provided that, the Chairman may, if he or she so deires, convene the
meeting for more than the said times.
7
(2) The meetings of the Council shall be held at such time and venue
as may be specified by the chairperson.
(3) The presence of more than Fifty percent members of the total
number of members of the Council shall be deemed to constitute a quorum
for the meeting of the Council.
(4) The chairperson shall preside over the meeting of the Council
and, in his or her absence, the vice-chairperson shall preside over it. In the
absence of both chairman and vice-chairman, the person selected by the
members present in the meeting from among themselves shall preside over
the meeting.
(5) The opinion of majority shall be binding in the meeting of the
Council, and in the event of a tie, the person presiding over the meeting
may exercise the casting vote.
(6) The decisions of the Council shall be authenticated by the
member-secretary.
(7) Other procedures relating to the meetings of the Council shall be
as determined by the Council itself.
Chapter-3
Provisions relating to the registration of name
11. Prohibition of practicing engineering profession without
registering name: After One year from the date of commencement of this
Act, no person shall practice the engineering profession without getting his
or her name registered with the Council.
12. Application to be made for registration of name: (1) Any person
wishing to register his or her name with the Council shall make an
application to the Council in such a format as prescribed.
8
(2) The persons who are practicing the engineering profession at the
time of commencement of this Act shall make an application in accordance
with Sub-section (1) within Six months from the date of commencement of
this Act for the purpose of getting registered their names with the Council.
(3) The persons making an application in accordance with Sub-
section (1) or (2) to get registered their names shall ave to attach the
certificates, degrees and other documents related th reto obtained from
academic institutions as well as the fees as prescrib d with the application.
13. Inquiry into application: The Registrar shall carry out necessary inquiry
into an application made pursuant to Section 12 andsubmit it to the
concerned subject committee.
14. Examination of and recommendation on application: (1) The
subject committee shall conduct necessary examination of the application
submitted by the Registrar pursuant to Section 13.
(2) If any matter appeared to be unclear in conducting examination
pursuant to Sub-section (1), the subject committee may demand necessary
evidence and documents from the concerned applicant n order to make
clear the matters related thereto.
(3) It shall be the duty of the concerned applicant to submit to the
subject committee the evidence and documents demanded pursuant to Sub-
section (2).
(4) If the subject committee finds that the name of the applicant is
being eligible to be registered with the Council upon conducting an
examination in accordance with Sub-sections (1), (2) and (3), it shall make
a recommendation to the Council for such registration.
9
15. Registration of name: If the Council considers it appropriate to register
with the Council the name of an applicant recommended by the subject
committee for the registration of name after having conducted necessary
examination in accordance with Section 14, it shall decide to register the
name of such an applicant in the register of the Council prepared in such a
format as prescribed.
16. Name registration certificate to be issued: The Registrar shall make
registration in the register of the name of an applicant in respect of whom a
decision has been made to register the name by the Council pursuant to
Section 15, and shall issue the name registration certifi ate to the applicant
in such a format as prescribed.
17. Information to be given if decision is made not to register name: If
the Council finds any reason which makes it inapproriate to register the
name of any applicant who has made an application for the registration of
name with the Council and decides not to register th name, the Registrar
shall have to give the information thereof in writing to the concerned
applicant.
18. Name to be removed from register: (1) Except in any of the following
circumstances, the name of a registered engineer shall not be removed from
the register:
(a) If he or she becomes mentally unsound;
(b) If he or she becomes insolvent upon being unable to
repay loans of creditors;
(c) If a resolution submitted to a meeting of the Council to
remove his or her name from the register on the charge
of violation of the professional code of conduct as
prescribed is passed by a two-thirds majority;
10
(d) If he or she is punished by a court upon being
convicted in a criminal charge involving moral
turpitude; and
(e) If he or she does not possess the qualification but his
or her name has been registered by fraud or mistake.
(2) Prior to submitting a resolution to remove the name of a
registered engineer from the register on a charge as referred to in Clauses
(c) and (e) of Sub-section (1) to a meeting of the Council, the Council shall
constitute an inquiry committee to submit a report after having conducted
inquiries into the charge made against such a person.
(3) The procedures to be followed by the inquiry committee
constituted pursuant to Sub-section (2) in conducting inquiries shall be as
prescribed.
19. Certificate to be cancelled: In cases where the Council makes a decision
to remove the name from the register pursuant to Section 18, the Registrar
shall have to remove the name of such a person from the register, cancel the
name registration certificate issued pursuant to Section 16 and give
information thereof to the concerned person.
20. Name to be registered again: (1) If a decision is made to remove the
name from the register on the occurrence of the circumstances as referred to
in Clauses (a), (b) and (c) of Sub-section (1) of Section 18, the concerned
person may after a period of at least One year fromthe date on which such
decision for removal is made, make an application t the Council in
accordance with Section 12, with specifying reasonable reasons for re-
registration of the name.
(2) Where an application is made for the re-registration of name in
accordance with Sub-section (1), the Council may, if it considers it
11
reasonable to re-register the name of such an applic nt, decide to re-register
the name accordingly.
(3) Where the Council decides to re-register the name of an applicant
in accordance with Sub-section (2), the Registrar sh ll re-register the name
of such an applicant in the register and issue a certifi ate of the re-
registration of name to the applicant in such a format as prescribed.
Chapter-4
Recognition of certificates of
academic qualification or degree
21. Recognition of certificates of academic qualification or degree: (1)
The Council shall recognize the certificates of academic qualification or
degree in engineering granted by any academic institute.
(2) The names of the certificates of academic qualific t on or
degrees recognized by the Council pursuant to Sub-section (1) and the
names of the academic institutes granting such certifi ates or degrees shall
be published in the Nepal Gazette.
22. Power to demand details: (1) In course of recognizing the certificate of
any academic qualification or degree in accordance with Section 21, the
Council may demand the set curriculum for such certifica e of academic
qualification or degree and the specified terms and conditions for admission
as well as other details related thereto from the concerned academic
institute.
(2) It shall be the duty of the concerned academic institute to make
available the necessary details as demanded by the Council in accordance
with Sub-section (1).
12
23. Inspection of examination: (1) In course of recognizing the certificate
of any academic qualification or degree pursuant to Section 21 or after
granting such recognition, the Council may appoint a d send an inspector
to carry out inspection in regard to the system of examination to be
conducted by the concerned academic institute granting the said certificate
of academic qualification or degree.
(2) The inspector sent pursuant to Sub-section (1) shall not be
entitled to interfere in any manner with the examination in the course of
carrying out inspection.
(3) The inspector carrying out the inspection of examination
pursuant to Sub-section (2) shall prepare a report on the matters found by
him or her in the course of carrying out the inspection of examination and
submit such a report to the Council.
24. Withdrawal of recognition: (1) Considering the details received in
accordance with Section 22 from the concerned academic institute in
respect of the certificate of any academic qualifiction or degree to which
the recognition is granted pursuant to Section 21 or the report received in
accordance with Sub-section (3) of Section 23, if the Council is of the
opinion that the curriculum, conditions for admission and the examination
system set by such an academic institute are not appropriate and sufficient,
it shall submit its report in this respect to the Government of Nepal.
(2) The Government of Nepal may, upon receipt of the report of the
Council pursuant to Sub-section (1), seek clarification in that respect from
the concerned institute.
(3) The Government of Nepal shall consider the clarific tion
submitted and received as sought from the concerned aca emic institute
pursuant to Sub-section (2) and may make necessary inquiry, if any such
13
inquiry is required to be made into any other matter in that respect; and the
Government of Nepal may, on the basis of such inquiry as well, withdraw
the recognition of the certificate of any academic qualification or degree
granted by such an academic institute on and after ny specific date.
(4) A notice of the withdrawal of recognition of the certificate of any
academic qualification or degree pursuant to Sub-section (3) shall be
published in the Nepal Gazette.
Chapter -5
Functions, duties and powers of chairperson,
vice-chairman and registrar
25. Functions, duties and powers of chairperson: The functions, duties
and powers of the chairperson shall be as follows, in addition to the
functions, duties and powers set forth elsewhere in this Act:
(a) To determine the priority of the matters to be discussed in the
meeting of the Council;
(b) To monitor and evaluate, or cause to be monitored or evaluated, the
plans and programmes being carried out by the Council a d to give
necessary directions in that respect;
(c) To carry out, or cause to be carried out, the business and transactions
of the Council in a systematic, effective and prope manner;
(d) To perform such other functions as prescribed
26. Functions, duties and powers of vice-chairperson: It shall be the
duty of the vice-chairperson, in the absence of the c airperson, to perform
or exercise such functions, duties and powers as required to be performed
or exercised by the chairperson under this Act.
14
27. Appointment, and functions, duties and powers of registrar: (1)
The Government of Nepal may appoint the registrar of the Council from
amongst the persons who have possessed the qualifications required for the
registration of name with the Council.
(2) The functions, duties and powers of the registrar shall be as
follows, in addition to the functions, duties and powers set forth elsewhere
in this Act:
(a) To carry out the business of general administrat on and
management of the Council;
(b) To make, or cause to be made, arrangements for the
supervision and control of the fund and for the
management and taking care of, as well as for the
repair and maintenance of, the assets of the Council;
(c) To formulate annual programmes and plans of the
Council and submit them to the Council;
(d) To prepare statements of annual income and
expenditure and of supplementary income and
expenditure of the Council;
(e) To implement the budget, plans and programmes
approved by the Council;
(f) To make arrangements for the carrying out of inter al
and final audit of the Council;
(g) To act as a liaison officer between the Council and the
engineers;
15
(h) To carry out, or cause to be carried out, such other
functions as may be directed by the Council;
(i) To carry out such other functions as may be
prescribed.
Chapter-6
Fund of Council
28. Fund of the Council: (1) The Council shall have a separate fund of its
own.
(2) The fund as referred to in Sub-section (1) shall consist of the
following amounts:
(a) Amounts received from the Government of Nepal;
(b) Amounts received as loans, donation, assistance,
grants or gifts from any native or foreign individual,
institution, government or international association or
organization;
(c) Amounts received in consideration for the services
provided by the Council;
(d) Amounts received from any other source.
(3) The Council shall obtain prior approval of the Government of
Nepal prior to receiving any loan, donation, assistance, grant or gift from
any foreign individual, institution, government or international association
or organization pursuant to Clause (b) of Sub-section (2).
(4) Amounts received by the fund of the Council shall be deposited
in a bank account to be opened with any commercial bank.
16
(5) The operation of the fund and account of the Council shall be as
prescribed.
29. Accounts and audit: (1) The accounts of income and expenditure of the
Council shall be maintained as prescribed.
(2) The audit of the Council shall be carried out as prescribed.
(3) The Government of Nepal may, if it so desires, examine, or cause
to be examined, the book of accounts of the Council.
Chapter-7
Miscellaneous
30. Offences and punishment: (1) If any person practices the engineering
profession without getting his or her name registered with the Council
pursuant to Section 11, he or she shall be deemed to have committed an
offence as referred to in this Act.
(2) The person who commits an offence referred to in Sub-section
(1) may be liable to the punishment of a fine upto Three Thousand Rupees
or of imprisonment upto Three months or both.
(3) Except as provided for in Sub-section (2), any person who
commits any act violating this Act or Rules framed under this Act shall be
liable to the punishment of a fine upto Two Thousand Rupees.
31. Dissolution of the Council: (1) If the Government of Nepal thinks that
the Council has failed to exercise the powers conferred to it by this Act or
the Rules framed under this Act or abused the powers or exercised the
powers exceeding those conferred to it or failed to perform the duties
required to be performed by the Council pursuant to this Act or the Rules
framed under this Act, the Government of Nepal may dissolve the Council.
17
(2) After the dissolution of the Council pursuant to Sub-section (1),
the Government of Nepal shall take under its custody he fund and assets of
the Council and may carry out all the activities to be carried out by the
Council under this Act or the Rules framed under this Act pending the
constitution of another council, or may form a committee and cause such
committee to carry out the said activities.
(3) The Government of Nepal shall constitute another council
pursuant to Section 5 generally within Three Months from the date of
dissolution of the Council pursuant to Sub-section (1).
(4) Subsequent to the constitution of another council pursuant to
Sub-section (3), the Government of Nepal shall hand over the fund and
assets taken by it under its custody in accordance with Sub-section(2) to the
said council.
32. Thematic committees and other committees may be constituted:
(1) The Council may constitute such thematic committees and other
committees as may be required.
(2) The functions, duties and powers of the thematic committees and
other committees constituted pursuant to Sub-section (1) shall be as
prescribed by the Council.
33. Meeting allowance and other facilities of members: The meeting
allowance and other facilities of the members and of the members of the
thematic committees and other committees constituted pursuant to Section
32 shall be as prescribed.
34. Employees of the Council: (1) The Council may appoint such
employees as may be required.
18
(2) The terms and conditions of service and facilities of the
employees appointed in accordance with Sub-section (1) shall be as
prescribed by the Bye-laws.
35. Authority to carry out inquiry and investigation and to institute
cases: The authority or body to carry out the inquiry and i vestigation of
the offences referred to in Section 30 and to institute cases, and procedures
related thereto shall be as prescribed by the Governm nt of Nepal, by
publishing a Notification in the Nepal Gazette.
36. Liaison with the Government of Nepal: Ministry of Works and
Transport shall liaison the Council with the Government of Nepal.
37. Power to frame Rules and Bye-laws: (1) The Council may frame
necessary Rules in order to implement the objects of this Act; and the Rules
so framed shall come into force only after they arepproved by the
Government of Nepal.
(2) The Council may frame necessary Bye-laws in such a manner as
not to be contrary to this Act and the Rules framed pursuant to Sub-rule (1).
38. Alteration in Schedule: The Government of Nepal may add engineering
subjects as required, to the Schedule, by publishing a Notification in the
Nepal Gazette.
19
Schedule
(Relating to Clause (e) of Section 2)
Engineering Profession
1. Civil Engineering
(a) General
(b) Highway
(c) Sanitary
(d) Building and Architect
(e) Irrigation
(f) Hydrology
(g) Hydro-power
(h) Airport
2. Electrical
(a) General Electrical
(b) Aviation Electrical
3. Electronic and Communication
4. Mechanical
(a) General Mechanical
(b) Aviation Mechanical
(c) Construction Equipment Maintenance
3(d) Production Engineering
5. Aeronautical 3 Inserted by a Notification in Nepal Gazette of 2063.9.3
20
6. Mining
7. Chemical
8. Metallurgical
9. Metrology
10. Meteorology
11. Geology
(a) General
(b) Hydro-geology
(c) Engineering Geology
12. Civil Aviation Operation and Engineering
(a) Civil Aviation Operation
(b) Flight Operation
(c) Aviation Fire Services
13. Survey
14. Chemistry
15. Agri-Irrigation Engineering
416. Textile Engineering
- Electronics and Computer Science
517. Computer Engineering
618. Environmental Engineering
719. Automobile Engineering
4 Altered by a Notification in Nepal Gazette of 2063.9.3 5 Inserted by a Notification in Nepal Gazette of 2058.5.11 6 Inserted by a Notification in Nepal Gazette of 2058.5.11
21
820. Industrial Engineering
- Industrial and Production Engineering
921. Radio Engineering
1022. System Engineering
1123. Automation Engineering
1224. Bachelor of Urban and Physical Planning
1325. Geo Technical Engineering
1426. Forestry Engineering
1527. Agricultural Engineering
1628. Energy Engineering
1729. Information Technology and Tele-Communication Engineering
1830. Earthquake Engineering
1931. Architect Engineering
2032. Electrical and Electronics Engineering
- Electronics and Power
2133. Electronic Engineering
7 Inserted by a Notification in Nepal Gazette of 2058.5.11 8 Altered by a Notification in Nepal Gazette of 2063.9.3
9 Inserted by a Notification in Nepal Gazette of 2058.5.11
10 Inserted by a Notification in Nepal Gazette of 2058.5.11
11 Inserted by a Notification in Nepal Gazette of 2058.5.11
12 Inserted by a Notification in Nepal Gazette of 2058.5.11
13 Inserted by a Notification in Nepal Gazette of 2058.5.11 14 Inserted by a Notification in Nepal Gazette of 2058.5.11
15 Inserted by a Notification in Nepal Gazette of 2058.5.11 16 Inserted by a Notification in Nepal Gazette of 2058.5.11 17 Inserted by a Notification in Nepal Gazette of 2058.5.11 18 Inserted by a Notification in Nepal Gazette of 2058.5.11 19 Inserted by a Notification in Nepal Gazette of 2058.5.11 20 Altered by a Notification in Nepal Gazette of 2063.9.3
22
- Electronics and Instrumentation
2234. Avionics Engineering
2335. Manufacturing Science and Engineering
2436. Electronics and Tele-Communication Engineering
2537. Sound and Video Engineering
- Sound Engineering
2638. Industrial Electronics Engineering
2739. Software Engineering
2840. Instrumentation Engineering
2941. Information Technology
- Information Science and Engineering
3042. Bio Medical Engineering
21 Altered by a Notification in Nepal Gazette of 2063.9.3 22 Inserted by a Notification in Nepal Gazette of 2058.5.11 23 Inserted by a Notification in Nepal Gazette of 2063.9.3 24 Inserted by a Notification in Nepal Gazette of 2063.9.3 25 Inserted by a Notification in Nepal Gazette of 2063.9.3 26 Inserted by a Notification in Nepal Gazette of 2063.9.3 27 Inserted by a Notification in Nepal Gazette of 2063.9.3 28 Inserted by a Notification in Nepal Gazette of 2063.9.3 29 Inserted by a Notification in Nepal Gazette of 2063.9.3 30 Inserted by a Notification in Nepal Gazette of 2063.9.3
