In exercise of the powers conferred by Sec.
34 of the Gujarat Professional Civil Engineers Act, 2006 (Guj. 19 of 2006), the
Government of Gujarat hereby makes the following rules, namely: (1)
These
rules may be called the Gujarat Council of Professional Civil Engineers Rules,
2014. (2)
They
shall come into force on the date of their Publication in the Official Gazette. In these rules, unless the context otherwise
requires:- (a)
"Act"
means the Gujarat Professional Civil Engineers Act, 2006 (Gujarat Act No. 19 of
2006); (b)
"Annual
Meeting" means, in the year of election, the first meeting of the Council
held after the declaration of results of election and in any other year, the
first meeting of the Council held on or after the first day of October of that
year: (c)
"Allied
Professional" includes: (i)
Architect
defined in the Council of Architect Act; (ii)
Geologist
holding a university degree in Geology; (iii)
Hydrologist
holding a university degree in Hydrology; (iv)
Engineers:
Includes any engineer possessing Diploma, Bachelor Degree or Post Graduate
Degree or Doctorate from any institution recognized by AICTE in any branch of
engineering; (v)
Management
Expert: Includes any person having a Degree of MBA or equivalent as recognized
by AICTE; (vi)
Such
other professional as may be approved by the Council; (d)
"Appropriate
Form" means a Form specified by the Council suitable for the purpose as
amended from time to time; (e)
"Certificate
of Practice" means a certificate granted under these Rules entitling the
holder to practice as a Professional Civil Engineer in the State of Gujarat; (f)
"Contractor"
means any person, partnership, corporate body or any other legal entity engaged
in the business of construction and is licensed and registered as such by the
competent authority; (g)
"Consulting
Engineer" means any person, partnership, corporate body or any other legal
entity which independently performs study, prepare report, makes design,
supervises construction or undertakes any other similar advisory activities in
engineering discipline and is licensed and registered as such by the Council; (h)
"Continued
Professional Development" means the systematic maintenance improvement and
broadening of knowledge, understanding and skill and the development of
personal qualities necessary for the execution of professional and technical
duties throughout the individual's working life; (i)
"Continuing
candidate" means any candidate not elected and not excluded from the poll
at any given time; (j)
"Count"
means all the operations involved in the counting of vote recorded for
candidates by voters; (k)
"CPD"
means Continued Professional Development; (1)
"Constituency"
means an area covered under various districts for the purpose of election; (l)
"Creativity"
means innovation, invention, hypothesis, theories and such other actions in the
realm of engineering profession contributory to development; (m)
"Credit
Point" means quantification of acknowledgement of an Engineer's completion
of course achievements as prescribed by the council; (n)
"Developmental
Activities" or "Engineering Products" means the products as a
result of or the outcome of professional engineering works or engineering
profession or both; (o)
"Employer"
means an individual person, firm, corporate body, public authority or any other
agency who wishes to engage the services of a professional engineer for
rendering professional services on engineering and allied works; (p)
"Engineering
Services" means services relating to study, survey, investigation,
planning preparation of reports, design, supervision, estimation,
documentation, evaluation and advising in mailers of civil engineering
profession and other civil engineering works; (q)
"Engineering
Design of Building" means preparation of detailed designs of each
component (s) of building for each of the disciplines and various services of
buildings, including Structural designs, as per relevant Indian Standards and
codal provisions or any standards approved by the Central or State Government
or its designated authority, If such Indian Standards or codes are not
available, then the international standards or best practice in use, shall be
applicable. (r)
This
shall also include calculation, drawings, specifications and other required
details and documents so as to produce safe, serviceable and durable building
structures along with suitable designed standard materials, quality control,
adequate detailing, and sufficient required dimensions to achieve the building
being designed will have adequate strength and shall perform satisfactory with
durability & serviceability during the expected life. (s)
"EPE"
means examination for professional engineers administered under the Council
based on professional knowledge of any branches of engineering discipline; (t)
"Executive
Committee" means the Executive Committee of the Council; (u)
"Foreign
Professional Engineer" means the enterprise partly' or wholly owned by
foreign nationals and a professional engineers firm registered outside India
shall be considered as foreign firm irrespective of ownership by nationals and
having a branch office in India or adopting a name similar to an expatriate
firm; (v)
"Foreign
University or Institution" means an Institution established outside India
and recognized by the Council as Recognized Engineering Institution as per the
guidelines that may be framed by the Council; (w)
"Formal
Education" means higher education in any branch of civil engineering or
qualification recognized by the Council; (x)
"Individual
Activities" means publications of technical articles in recognized
journals, part time lecturing and any other participatory activities, etc. (y)
"Journal"
means the official journal published by the Council under the name and style as
may be decided by council and includes a supplement to the Journal; (aa) "Learned Societies" means
institutions and associations for promotion of knowledge and excellence in
engineering and technology; (ab) "Nomination" means nomination paper
submitted by the candidates in a prescribed form duly signed by himself and
supported by proposer and seconder and submitted to the competent authority
within time limit fixed for the purpose of election of the respective
constituency; (ac) "Office" means the Headquarters of
the Council; (ad) "Profession of Civil Engineering"
means engineering education and practices of engineering and technology; (ae) "Project" means the civil engineering
and allied work described in the scope of civil professional services to be
rendered by the professional engineer for the employer; (af) "Registered" means registered under
this Act; (ag) "Registered Member" moans a person
registered as a member under this Act; (ah) "Register" means the register of
professional civil engineers maintained under Sec. 16; (ai) "Work Based Learning" means civil
engineering related work including management. CHAPTER I
ELECTION TO THE COUNCIL (1)
The
council shall consist of twelve members including two co-opted members, as
under (A)
Each
from the following constituency, (2)
One
member shall be elected by Professional civil engineers from amongst
themselves, who are registered with the concerned constituency, namely (a)
Saurashtra
Constituency: Surendranagar, Rajkot, Bhavnagar, Junagadh, Porbandar, Jamnagar,
Devbhumi-Dwarka, Somnath-Gir, Morbi, Botad and Amreli districts including
Corporations/Nagar Palika area;-one member (b)
Ahmedabad
Constituency: Ahmedabad District including Corporations/Nagar Palika area; -one
member (c)
North
Gujarat Constituency: Mehsana, Patan, Kutch, Banaskantha, Sabarkantha,
Gandhinagar, Aravalli districts including Corporations/Nagar Palika area;-one
member (d)
South
Gujarat Constituency: Surat, Valsad, Dang, Navsari, Bharuch, Narmada, Tapi
districts including Corporations/Nagar Palika area;-one member (e)
Madhya
Gujarat Constituency: Panchmahal, Vadodara, Dahod, Kheda, Anand, Chhotaudepur,
Mahisagar district including Corporations/Nagarpalika area-one member Explanation. The area for districts shall be
construed as revenue area notified by the State Government under the Gujarat
Land Revenue Act, 1879. (B)
Five
members shall be nominated by the State Government as under: (1)
(i)
one person to be appointed by the State Government in Urban Development and
Urban Housing Department from amongst the engineers employed for not less than
ten years in the Municipal Corporation of cities in the State constituted under
the Gujarat Provincial Municipal Corporation Act, 1949, ex-officio, (ii) one person to be appointed by the State
Government in the Roads and Buildings Department from among the engineers not
below the rank of Chief Engineer employed in the Department and dealing with
the subject of buildings, ex-officio, (iii) one person to be appointed by the State
Government in the Narmada, Water Resources and Water Supply and Kalpsar
Department, from amongst the engineers not below the rank of Chief Engineer
employed in the Department, ex-officio, (iv) Chief Town Planner to the Government of
Gujarat, ex-officio, (v) one person to be appointed by the
Director of Technical Education, Gujarat State, from amongst the professors in
the faculties of the civil engineering and applied mechanics of the
Universities established by law in the State and the professors of college
affiliated to such Universities, imparting education in civil engineering,
ex-officio, (C)
Two
persons to be co-opted by the Council from amongst the professional civil
engineers. (1)
An
elected member of the Council shall hold office for a period of three years and
shall not require to vacate the membership of the Council even if he changes
his professional address from the constituency to another. (2)
An
elected member of the Council whose term of office has expired shall be
eligible for re-election not exceeding two consecutive terms. (3)
Co-opt
member shall hold office for a period of three years. (4)
Elected
member shall hold office for a term of three years from the date of his
election or until his successor has been duly elected whichever is later. In consultation with Returning Officer, the
Council shall notify in the leading news paper or Journal, if any or on the
website of Council at least sixty days before the date of expiry of the terms
of the existing Council, the dates fixed for the following stages of election
of members of the Council, namely: (a)
The
last date and time for receipt of nomination; (b)
The
date of the scrutiny of nominations and declaring list of candidates; (c)
The
last date for withdrawal of nominations; (d)
Final
list of candidates; (e)
The
date of polling; (f)
Any
other date or dates for the conduct of election. (1)
The
State Government shall appoint the Returning Officer for the conduct of
election. (2)
Officer
not below the rank of Executive Engineer or Additional Collector or class one
officer from State Election Commissionerate, or a retired officer in the
aforesaid rank, who shall conduct the elections in accordance with the
provision of these rules. (1)
Subject
to the other provisions of these rules, a person whose name is borne on the
Register on the 1st day of July of the year in which the election to the
Council is to take place, shall be eligible to vote in the election from the
constituency within whose territorial jurisdiction his professional address
falls on the said date provided that his name has not been removed from the
Register after the said date and before the date of declaration of election: Provided that in case if the professional
address is not borne on the Register on the relevant date, the residential
address borne on the Register shall determine his constituency; (2)
In
the case of members having their professional addresses outside India and
eligible to vote, their constituencies shall be determined according to their
professional addresses in Gujarat registered immediately before he went abroad
or out of Gujarat the residential addresses in Gujarat borne on the register on
the relevant date, whichever is earlier. (1)
At
least ninety days before the date of expiry of the term of the existing
Council, the Returning Officer shall prepare a list of members in each
constituency eligible to vote, showing inter alias distinctly and separately
whether any particular member is a member entitle to vote or not; (2)
Subject
to the other provisions of these rules, the address published in the list of
members eligible to vote shall be final for determining the manner in which a
member is entitled to cast his vote or the constituency or the polling booth to
which he/she belongs for the purpose of casting his vote. Any member whose name is borne on the
Register as a member as on the first day of July of the year in which election
is held and whose name continues to be there on the Register on the date of
declaration of election, shall be eligible to contest election to the Council
from the constituency in which his professional address is included as a voter. Member shall be eligible to stand as a
candidate for election to the Council from his constituency specified in Rule 3
and shall not be eligible to contest election from more than one constituency. Explanation. Member constituency shall mean
and include a place where his name appears in registers of members as on 1'
July of the year in which election is to be held. (1)
The
Council shall not less than ninety days before the date of expiry of the term
of the existing Council, notify in the Journal, if any or on the website of the
Council or in news paper, the number of persons to be elected from each
constituency and call for nominations of candidates for election to each
constituency by a specified date which shall not be less than fourteen days
from the issue of the notification. (2)
The
nomination of a candidate shall be in the Form I duly signed by the candidate
and by one proposer and one seconder all of whom shall be persons entitled to
vote in the proposed election and shall be delivered so as to reach the
Returning Officer not later than the last date fixed for receipt of
nominations. (3)
The
nomination shall be accompanied by a statement duly completed, signed and
verified by the candidate containing information concerning the candidate in
respect of the following matters, namely: (a)
Name,
GCPCE Registration number and professional address including e-mail ID (b)
Age (c)
Professional
qualification awarded by the university or institution and membership of
professional bodies recognized by the Council. (d)
Any
other details such as publication of books, articles, academic activities and
membership of other associations or bodies working for public interest such as
Chamber of Commerce, Institute of Architects, Indian Road Congress as may be
determined by the Council. (4)
The
candidate shall further, furnish a copy of his recent passport size photograph. (1)
Every
candidate contesting election shall, along with the nomination paper pay at the
head quarters office, a fee in cash or by demand draft or by any other mean
notified by the Council along with the notification of dates of election under
Rule 5 before each election. The Fee paid shall not be refundable under any
circumstances except in the event of the rejection of nomination under sub-rule
(11) of Rule 13. (2)
Each
nomination shall be accompanied by separate nomination Fee. (1)
The
Scrutiny of nomination shall be done by the Returning Officer. (2)
On
the date and at the time of appointment by the Returning Officer for the
scrutiny of the nomination papers, the candidate and the proposer and the
Seconder of each candidate may attend the office of the Returning Officer who
shall allow them to examine the nomination papers of the candidate which have
been received by him. (3)
The
returning Officer shall examine the nomination papers and decide all questions
which may arise as to the validity of any nomination after such summary inquiry
if any as he considered so necessary and shall record a brief statement of
reasons for his decision. (4)
The
Returning Officer shall have the power to regulate its procedure in such manner
as it considers just and expedient. (5)
The
decision of the Returning Officer shall be final. (6)
The
Returning Officer shall scrutinize the nomination papers of all the candidates
on the date fixed for the purpose and shall endorse on each nomination paper
its decision whether it accepts, refuses or rejects the nomination. (7)
The
Returning Officer shall record a brief statement of its reasons if it refuses
or rejects a nomination. (8)
The
Returning Officer shall refuse or reject a nomination if it is satisfied: (a)
that
the candidate was ineligible to contest election under Rules 9 or has filled
nomination for election to the Council in contravention of the provisions of
Rule 10; (b)
that
the proposer or the seconder was not qualified to subscribe to the nomination
of the candidate under sub-rule (2) of Rule 11; (c)
that
the signature of the candidate or of the proposer or the seconder is not
genuine or has been obtained by coercion or fraud; (d)
that
the provisions of Rules 11 and 12 have not been complied with, in that (i)
the
nomination was not in the appropriate Form; (ii)
the
nomination fee was not paid as provided under Rule 12; (iii)
the
nomination was not signed by the candidate, the proposer or the seconder; (iv)
the
nomination was not accompanied by a statement duly completed, signed and
verified by the candidate as provided in sub-rule (3) of Rule 11; or (v)
the
nomination was not delivered in the council on or before the last date and time
fixed for receipt of nominations. Explanation I. If the last date fixed for
receipt of nominations under clause (a) of Rule 5 is subsequently declared as a
holiday for the council or for delivery of registered posts by the local post
office, the last date fixed shall be construed as the immediately next working
day for the Council or local post office, as the case may be. Explanation II. The Returning Officer may not
reject a nomination paper on the ground of a technical defect like spelling
mistakes; mistake in date or such other defects as may be decided by the
Returning Officer. Explanation III. The rejection of a
nomination of a candidate by reason of any irregularity in respect of that
nomination shall not be a ground for rejection of another nomination which is
valid in respect of the same candidate. Explanation IV. If a proposer or a seconder
incurs a disability by reason of the operation of the provisions of the Act and
these Rules subsequent to the last date fixed for receipt of nominations, it
shall not invalidate the nomination. (9)
Where
the nomination of a candidate has been rejected, the Returning Officer shall
give notice of the decision of the panel together with a brief statement of the
reasons therefore, to the candidate concerned by simple post and display on
notice board or electronic mode, as may be practicable within seven days from
the last date fixed for receipt of nominations. (1)
On
completion of the scrutiny of the nominations, the Returning Officer shall
forthwith prepare a list of valid nominations received in respect of each
constituency and cause a copy of the list to be sent by registered post or by
e-mail or by hand delivery to each candidate of the constituency within seven
days of the last date fixed for receipt of nominations. (2)
The
fist shall contain the names in alphabetical order with the professional
addresses of the candidates in respect of each constituency and, in case the
professional address of a candidate is not borne on the Register on that
relevant date, the residential address of such a candidate as on that relevant
date borne on the Register. (1)
Subsequent
to the receipt of the list of valid nominations sent under sub-rule (1) of Rule
14, a candidate may withdraw his nomination by notice in writing, subscribed by
him and delivered to the Returning Officer, on or before the last date fixed
for such withdrawal. (2)
A
candidate who has withdrawn his nomination shall not be entitled to rescind his
withdrawal. (1)
The
Returning Officer shall omit from the list of valid nominations the names of
candidates who have withdrawn their nominations and send the final list of
contesting candidates in respect of each constituency to all the candidates of
the constituency by simple post and display on notice board, local newspaper or
electronic mode, or by email or by hand delivery and to the voters, of that
constituency by recorded delivery post or by email or by hand delivery, as far
as practicable. (2)
The
list shall also be accompanied by such particulars of all contesting candidates
of that constituency as complied, prepared and presented by the Returning
Officer from the particulars to the extent supplied by the candidates under
Rule 11. (3)
In
representing the particulars required to accompany the list under sub-rule (2)
of Rule 11th, the Returning Officer shall (a)
make
use of the particulars furnished by the candidates under sub-rules (3), (4) and
(5) of Rule 11; (b)
not
include anything, whether or not contained in the particulars furnished by the
candidate as aforesaid except to the extent the particulars conform to the
requirements to sub-rules (2), (3) and (4) of Rule 11; and correct any manifest
errors that may have come to his notice. If a contesting candidate dies or otherwise
ceases to be a member before the date of declaration of the results of
election, the election for the respective constituency shall be conducted
amongst the remaining candidates belonging to the constituency and no fresh
proceedings with reference to the election of members in that constituency
shall be commenced. (1)
In
case if, only one valid contesting Candidate is available, then he will be
declared as elected "uncontested". (2)
If
there is no candidate contesting for election in any constituency, then council
shall issue fresh notification for election for that constituency. (1)
The
elections to the Council shall be held in accordance with the system of
majority vote secured from valid vote casted for respective constituency. (2)
Except
as otherwise provided, at every election, vote shall be given by secret ballot
and every voter in any election, shall cast his vote at prescribed polling
booth. Explanation. (1) For purpose of clarification
it is reiterated that a voter desiring to record his vote, shall do so in person
and not by proxy. (2) Notwithstanding anything contained in
these rules, the giving or recording of votes shall be through voting machines
or any other computerized voting systems as may be determined by the Returning
Officer. (1)
A
voter shall have one vote only in his constituency. (2)
The
voter in order to cast his votes shall put 'X' against whom he has mentioned
his desire to vote. Explanation. For the purpose of clarity, it
is re-iterated that if there is only one candidate to be elected from South
Gujarat Constituency, out of five contesting candidates, the voter will mark
(X) against his name. (1)
The
Returning Officer shall set up generally one polling booth in each constituency
as below or such number of polling booths at such places as he deems necessary: (a)
Saurashtra
Constituency: Rajkot (b)
Ahmedabad
Constituency: Ahmedabad (c)
North
Gujarat Constituency: Mehsana (d)
South
Gujarat Constituency: Surat (e)
Madhya
Gujarat Constituency: Vadodara Provided further that if, in the opinion of
the Returning Officer for compelling reasons, it becomes necessary to change
the address of one or more polling booths, he may do so and inform by post or
e-mail or by advertisement in newspaper or notice board, of the change to all
voters who are affected by such a change and to all candidates of the
constituency in which the polling booth is situated, in addition to publishing
the same on the web-site of the council or on the notice board at council
office. (2)
In
a constituency having less than 1500 voters, there shall be one polling
booth/voting chamber for every 500 voters or part thereof, though the
allocation of voters among different polling booths-in the same place need not
necessarily be in groups of 500 and the polling shall be held on one day. (1)
The
Returning Officer shall appoint a Polling Officer, preferably a retired or an
officer serving under the State Government, Local Authority, Semi-Government
Organizations for each polling booth and may also appoint such other persons as
he may deem necessary to assist the polling officer: Provided that no member of the council shall
be appointed as Polling Officer. (2)
The
Polling Officer shall, in addition to performing the duties imposed upon him by
these rules, be in general in charge of all arrangements at the polling booth
and may issue orders as to the manner in which persons shall be admitted to the
polling booth and generally for the preservation of peace and order at or in
the vicinity of the polling booth. (3)
Where
the Polling Officer appointed by the Returning Officer is unable to conduct the
polling on one or more of the day or days fixed for the polling, he may intimate
the same to the Returning Officer or any other officer nominated by the
Returning Officer for the purpose, who shall appoint another person, subject to
proviso of sub-rule (1), as polling officer in his place. (1)
The
Returning Officer shall appoint such number of election observers, who shall
not be members of the Institute, for all or any of the polling booths during
counting and for counting venue, as may deem appropriate to him and such
observers shall perform the duties entrusted by the Returning Officer. (2)
The
duties of the Election observers may be given due publicity among candidates
and voters. (1)
The
Voting chamber shall be so arranged that no person may be able to see how a
voter has recorded his vote. (1)
The
ballot paper shall contain, in alphabetical order by names in English, a list
of the candidates validly nominated for a constituency and shall be printed on
one side only, in Form II (2)
Each
ballot paper shall contain the Ballot paper no., Institute's emblem printed in
such manner, as may be decided by the Returning Officer having regard to the
security considerations of the ballot paper. (1)
A
candidate for election from a constituency shall be entitled to remain present
at the polling booths in that constituency. (2)
He
may appoint any member of GCPCE as his authorized representatives for each
polling booth. Only one of whom shall be entitled to remain present at a time
on his behalf at that particular polling booth. (3)
No
appointment of an authorized representative shall be valid unless the candidate
has been issued a letter of authority by Returning officer to such a
representative. The letter of authority shall be produced before the polling
officer concerned, and shall include the full name, the membership number and
the address of the authorized representative, as well as the number of polling
booth at which he is authorized to remain present. (4)
The
polling officer shall keep a record of attendance of the candidates and their
authorized representatives, which shall be forwarded to the Returning Officer
after the polling is over. The polling officer may employ assistant or
scrutinizer at the polling booth as he thinks fit to assist him in identifying
the voters or for any other purpose including scrutiny of ballot papers,
counting of votes; Provided that person appointed as such shall
not be a member of the Institute; Provided further that a person so appointed
would not be entitled to discharge the duties of polling officer laid out in
these rules and would be there only to assist the Polling Officer. Voting at the polling booth shall take place
as per procedure to be laid out by Returning Officer. A ballot paper shall be invalid if, (a)
a
voter signs his name or writes any word or figure upon it or makes any mark
including a tick (V), cross (X), not being a mark of 'X' put under clause (a)
of sub-rule (3) of Rule 20, upon it by which the ballot paper becomes
recognizable or by which the voter can be identified; or (b)
it
is not printed form by or under the authority of the Returning Officer or it is
different in any manner from the ballot papers printed under Rule 25; or (c)
it
is unmarked or the marks made are void or cannot be unambiguously determined;
or (d)
it
is so damaged or mutilated that its identity as a genuine ballot paper cannot
be established. The Returning Officer shall, at least fifteen
days before the date of polling, communicate a date or dates, place and time
for the counting of votes at the headquarters of the Institute and shall also
give notice of such date or dates, place and time in writing to all the
candidates. Counting of votes shall take place at the
respective places region wise within two or three days after polling and the
returning officer shall declare the record number of votes against each
candidate in Form III (1)
On
the date fixed for declaration of result the returning officer shall declare
names of all the candidates in each constituency who has secured highest valid
votes in his constituency. (2)
The
names of all the candidates declared elected shall be notified by the
Council/Returning Officer by notification to be published on the notice board
or on website or in journal of the Council, if any. (3)
The
Returning Officer shall send a copy of the notification in Form V to the
elected member. No election shall be deemed to be invalid
merely by reason of any accidental omission of the name of a member from the
list of members eligible to vote or any accidental mistake in not allowing him
to vote or the accidental inclusion of name of a person not entitled to vote in
the list of members eligible to vote or allowing him to vote or any accidental
irregularity or informality in the conduct of the election. (1)
The
Returning Officer shall conduct the elections in accordance with these rules. (2)
The
Returning Officer may delegate any of the duties to be performed by him as
Returning Officer to any other Officer or Officers of the Council, as he may
deem fit. Unless otherwise provided in these Rules, the
decision of the Returning Officer under these Rules shall be final in all
matters pertaining to conduct of election, interpretation of these Rules and
the procedure adopted for such matters which are not specifically covered by
these Rules. Explanation. For the purpose of this rule,
the conduct of election shall also include the process of counting of votes and
declaration of results. The Polling Officer shall at the time of
issue of the ballot paper place against the name of the voter in the list of
members eligible to vote a mark to denote that the voter has received a ballot
paper. He shall also keep a record of the ballot papers supplied to the voters
in such manner as the Returning Officer may direct. A contesting candidate shall be entitled to
remain present in person represented by another 'approved member duly
authorized by him in writing at the place of the counting of the votes,
provided that a letter of authority is deposited with the Returning Officer
before the time fixed for counting of Votes and that officer is satisfied at to
be genuineness of the letter of authority and the identity of the authorized
representative. (1)
Any
candidate or, in his absence his authorized representative may, at any time
before the commencement or during the counting of the votes request the
Returning Officer to re-examine and re-count the papers of all or any
candidates and the Returning Officer shall forthwith reexamine and re-count the
same accordingly. (2)
The
Returning Officer may in his discretion re-count the votes either once or more
than once in any case in which he is not satisfied as to the accuracy of any
previous count: Provided that nothing in this sub-rule shall
make it obligatory on the Returning Officer to re-count the same votes more
than once. (1)
An
application by any aggrieved candidate against the decision of the panel on the
validity of nominations or the Returning Officer on the declaration of election
results, or any other matter relating to or incidental thereto, which is
material to the conduct of election shall be made to the Council within thirty
days from the date of declaration of the results of an election and the Council
shall refer the dispute to a Tribunal constituted under Sec. 5 of the Act. (2)
At
the time of giving its decision, the Tribunal may pass such order as to costs
as it may consider appropriate. (3)
If
the Tribunal is satisfied that an application made under Sec. 5 of the Act was
frivolous or not founded on any valid ground, it may award costs to the
Council. (1)
A
member shall be liable to disciplinary action by the Council, if in connection
with an election to the Council, he is found to have contravened any of the
provisions of these rules. (2)
A
candidate can issue one circular letter by post or by electronic mode only
once, giving positive aspects of his candidature including his qualifications
and contribution to the profession. The circular issued in connection with an
election to the Council shall conform to the following requirements or
guidelines as may be issued by the Council in respect of the election in the
interests of maintaining dignity in the election, namely: (a)
such
circular must be sent by registered post by the candidate to the Returning
officer by name for information and record within ten days of its issue by him
to voters; (b)
the
circular shall contain factual information regarding the candidate himself and
shall not make any reference directly or indirectly, to any other candidate; (c)
a
circular shall not contain any appeal to the voters on the basis of caste, or
on communal, regional or sectional lines; (d)
the
distribution of circular shall be restricted only to the members of the constituency
concerned; (e)
a
circular shall be issued by a candidate only after his nomination has been
accepted. (f)
candidate
shall not give any promise or issue any election manifesto or shall not try to
induce the voter by any other means. Explanation. For the purpose of this
sub-rule, the term "Circular" does not include a personal letter
addressed to an individual which happens to contain a mere request for Vote
though if a similar letter were to be sent to a number of voters, it would
amount to "circular". (3)
A
member shall be liable to disciplinary action by the Council, if he adopts one
or more of the following practices with regard to the election to the Council,
namely: (a)
bribery,
that is to say, any gift, offer or promise of any gift or gratification to any
person, by a candidate or any other person with his connivance with the object,
directly or indirectly, of- (i)
inducing
a member to stand or not to stand as a candidate for election; (ii)
inducing
a candidate to withdraw his candidature or rewarding such withdrawal; or (iii)
inducing
a voter to vote or not to vote at an election, or as a reward for such act, or
omission. Explanation. For the purpose of this
sub-rule, the term "gratification" is not restricted to pecuniary
gratification or gratification estimable and all the forms of employment for
reward, but it does not include the payment of any expenses bona fide incurred
at or for the purpose of any election. (b)
undue
influence, that is to say, any direct or indirect interference or attempt to
interfere on the part of a candidate or of any other person, with his
connivance with the free exercise of any electoral right; (c)
the
publication by a candidate or by any other person with his connivance, of any
statement which is false or which he either believes to be false or does not believe
it to be true, in relation to the personal character or conduct of any
candidate, or in relation to the candidature or withdrawal of any candidate,
being a statement reasonably calculated to prejudice the prospects of that
candidate's election; (d)
the
obtaining or procuring or abetting, or attempting to obtain or procure, by any
other person with his connivance, any assistance for the furtherance of the
prospects of the candidate's election from any person serving under-the
Government of India or the Government of any State other than the giving of
vote by such person, if he is a member entitled to vote; (e)
any
act specified in sub-rules (a) to (d) when done by a member, who is not a
candidate or a member acting with the connivance of a candidate; (f)
the
receipt by a member or an agreement by a member to receive any gratification as
an inducement or reward: (i)
for
standing or not standing as a candidate; (ii)
for
withdrawing his candidature; (iii)
for
himself or any other person for voting or refraining from voting CHAPTER II
PROCEDURE OF INQUIRIES RELATING TO PROFESSIONAL MISCONDUCT (1)
Where,
on receipt of a complaint made to it, the council is, prima facie of opinion
that a professional civil engineer has been guilty of professional misconduct
which, if proved, would render him unfit for practice as professional civil
engineer, it shall by a notice (accompanied with a copy of a complaint) to the
professional civil engineer, require him to render an explanation in writing
within 30 days of the receipt of the notice. (2)
If,
on perusal of the explanation, the council is of the view that there is no
substance in the complaint, it may dismiss the complaint. (3)
Where,
on perusal of the explanations received by it, the council is of the view that
sub-rule (2) is not applicable, it shall decide to hold an enquiry against the
professional civil engineer. (4)
Subject
to the provisions of this rules, any complaint received against a member of the
Council under sub-sec. (1) of Sec. 23 shall be investigated, and any enquiry
relating to professional misconduct of such member shall be held, by the
Disciplinary Committee: Provided that if the subject matter of a
complaint is, in the opinion of the President, substantially the same as or has
been covered in any previous information of complaint received, the Registrar
on recommendation of president, may file the complaint without any further
action or inform the complainant, accordingly, as the case may be. (5)
A
complaint shall be required to be made to the Council in the Form VIII. (6)
Every
complaint shall contain the following particulars, namely- (a)
the
acts or omissions which, if proved, would render the member complained against
guilty of any professional or other misconduct; (b)
the
oral and documentary evidence relied upon in support of the allegations made in
the complaint. (7)
The
Registrar shall return a complaint which is' not in the proper form or which
does not contain the aforesaid particulars for resubmission after compliance
with such requirements and within such time as the Registrar may, specify. (8)
Ordinarily
within sixty days of the receipt of a complaint the Registrar shall send
particulars of the acts of omissions alleged or a copy of the complaint, as the
case may be, to such member at his address as entered in the Register; (9)
A
member who has been intimated of the complaint made against him under sub-rules
(2) (hereinafter referred to as the respondent) shall, within fifteen days of
issue of such intimation or within such further time as the Registrar may
allow, forward to the Registrar a written statement in his defense verified in
the same manner as the complaint. (10)
On
a perusal of the complaint and written statement if any, the Registrar may call
for such additional particulars or documents connected therewith either from
the complainant or the respondent, as he may consider necessary or as may be
directed by the President, for perusal of the Council. (11)
Where
on a perusal of the complaint, the written statement, if any, of the respondent
and other relevant documents and papers, the Council is prima facie of opinion
that any member has been guilty of professional or other misconduct, the
Council shall cause an enquiry to be made in the matter by the Disciplinary
Committee and where the Council is prima facie of opinion that there is no case
against the respondent, the case shall be dismissed and the complainant, if
any, and the respondent shall be informed accordingly: Provided that the Council may, if deemed
necessary, call for any additional particulars or documents connected therewith
from the complainant, if any, or the respondent. (12)
(i)
Every notice issued by the Registrar or by the Disciplinary Committee under
this rules shall be sent to the member or the firm concerned by registered post
with acknowledgement due. (ii) If the notice is returned unserved with
an endorsement to the effect that the addressee had refused to accept the
notice, it shall be deemed to have been served. (iii) If the notice is returned with an endorsement
indicating that the addressee cannot be found at the address given, the
Registrar shall ask the complainant to supply to him the correct address to the
member or firm concerned and send a fresh notice to the member or firm at the
address so supplied. (13)
The
provision relating to a notice shall apply mutatis mutandis to a letter. (14)
Notwithstanding
anything contained in the above rules, the Council may also suo moto conduct
enquiry and take penal action suo moto. Except in cases of misconduct involving moral
turpitude or complaint by the State and/or Central Government, the Council may
refuse to entertain such complaint or information in respect of misconduct made
for the period prior to fifteen years after the same was alleged to have been
committed, where the Council is satisfied that there would be difficulty in
securing proper evidence of the alleged misconduct or that the member against
whom the information has been received or the complaint has been filed, would
find it difficult to lead evidence to defend himself on account of the time
lag, or that changes have taken place renderings the enquiry procedurally
inconvenient or difficult. (1)
It
shall be the duty of the Registrar to place before the Disciplinary Committee
all facts brought to his knowledge which are relevant for the purpose of any
enquiry by the Disciplinary Committee. (2)
The
Disciplinary Committee shall have the power to regulate its procedure. During
the course of enquiry, may examine witnesses on oath and receive evidences on
affidavits and any other oral or documentary evidence, exercising its powers as
provided in Sec., 23, of the Act. (3)
The
Disciplinary Committee shall give the complainant and respondent a notice of
the meeting at which the case shall be considered by the Committee. (4)
Such
complainant and respondent may be allowed to defend themselves before the
Disciplinary Committee cither in person or through a legal practitioner or any
other member of the Council. (5)
Where,
in the course of a disciplinary enquiry, a change occurs in the composition of
the Disciplinary Committee, unless any of the parties to such enquiry makes a
demand within fifteen days of receipt of a notice of a meeting of such
Disciplinary Committee, that the enquiry be made de novo report of the
Disciplinary Committee shall be called in question on the ground that any
member of the Disciplinary Committee did not possess sufficient knowledge of
the facts relating to such inquiry. (6)
The
Disciplinary Committee shall after investigation report the result of its
enquiry to the Council for its consideration. (1)
The
Council shall consider the report of the Disciplinary Committee and if in its
opinion, a further enquiry is necessary, may cause such further enquiry to be
made and a further report submitted by the Disciplinary Committee. (2)
After
considering such report or further report of the Disciplinary Committee, as the
case may be, where the Council finds that the respondent is not guilty of any
professional or other misconduct, it shall record its findings accordingly and
direct that the proceedings shall be filed or the complaint shall be dismissed
as the case may be. (3)
After
considering such report or further report of the Disciplinary Committee, as the
case may be, where the Council finds that the respondent has been guilty of a
professional or other misconduct, it shall record its findings accordingly and
shall proceed in the manner as laid down in the succeeding sub-rules. (4)
Where
the finding is that the member of the Council has been guilty of a professional
pr other misconduct, the Council shall afford to the member an opportunity of
being heard before orders are passed against him in the case. The Council after
hearing the respondent, if he appears in person or after considering the
representations, if any, made by him, pass such orders as it may think fit, as
provided under sub-sec. (2) of Sec. 23 of the Act. (5)
The
orders passed by the Council shall be communicated to the complainant and the
respondent. The name of such member may also be displayed on Council's website. CHAPTER III
MISCELLANEOUS The Council shall be entitled to charge the
following fees: (1) Fees for examination. The fees for examination referred to in
proviso to sub-sec. (1) of Sec. 14 of the Act shall be 5000 rupees. (2) Entry in Register of
member. The fees for entry in the register of member
referred to in sub-sec. (3) of Sec. 14 of the Act shall be 15,000 rupees. The
Certificate of registration is issued under Form V (3) Annual Fee. A person whose name is entered in the
register and who has obtained a certificate of practice under sub-sec. (2) of
Sec. 15 of the Act shall pay an annual fee of 3000 rupees. (4) Fees for restoration
of name in register. The fee for restoration of name of a person
in the register under Sec. 19 of the Act shall be 6000 rupees. (5) Fees for issue of
duplicate certificate. The fee for issue of a duplicate certificate
under Sec. 20 of the Act shall be 1000 rupees and the duplicate certificate to
be issued shall be in Form VII. (6) Fees for copies of
register printed under Sec. 21 of the Act. A copy of register shall be made available to
a person under Sec. 21 on payment of the fee of 10 rupees per page. All fees and other dues payable to the
Council shall be remitted in cash or by, crossed bank draft or pay order, in
respect or places where banking facilities are not available, drawn in favour
of "Gujarat Council of Professional Civil Engineers", payable at
Ahmedabad or deposited online in banks as may be authorized by the Council or
in such other manner as my be determined by the Council. Any certificate issued under the authority of
the Council on the strength of incorrect, misleading or false information, or
by mistake or inadvertence, may be withdrawn or treated as cancelled and the
name of such person shall be removed from the registrar; Provided that the person shall be given 15
days notice to state his case and personal hearing before passing order as
above. (1)
On
an application for membership being accepted by the Council, an applicant's
name shall be entered in the register and a Certificate of Membership in Form V
shall be issued to him by the Council. (2)
A
member, whose name is removed under Sec. 17 or Sec. 23 from the register under
any of the provisions of the Act or these rules, shall surrender forthwith the
Certificate of Membership then held by him to the Registrar. A certificate of practice to be issued by the
Registrar under sub-sec. (5) of Sec. 14 shall be in Form VI. (1)
A
member of the Council having prescribed qualifications may apply to the Council
in the appropriate form along with fees as prescribed by the Council under Sec.
15 for issue of certificate of practice entitling him to work as a professional
civil engineer anywhere in Gujarat; (2)
On
acceptance of the applications by the Council for issue of certificate of
practice, the certificate shall be issued in the Form VI; (3)
In
the case of renewal of the certificate of practice, the Registar shall issue a
letter extending the validity period of the certificate of practice for that
year in the appropriate form; (4)
A
member who ceases to be in practice shall not later than thirty days from the
date he ceases to be in practice intimate the fact to the Council in writing; (5)
A
member who ceases to be in practice or whose certificate of practice has been
cancelled under Sec. 17 shall surrender forthwith the certificate then held by
him to the Registrar under Sec. 18. (1)
A
certificate of practice issued under Sec. 15 of the Act shall be liable for
cancellation, if (a)
the
name of the holder of the certificate is removed from the Register under Sec.
17 of the Act; or (b)
the
Council is satisfied, after giving an opportunity of being heard to the person
concerned, that such certificate was issued on the basis of incorrect,
misleading or false information provided by the applicant, or by mistake or
inadvertence on the part of the Council; or (c)
a
member has ceased to practice; or (d)
a
member has not paid two years fee till 30th day of June or any extension
thereof (2)
The
cancellation of a certificate shall be effective, - (a)
in
a case falling under clause (a) of sub-rule (1), on the date on which and
during the period for which the name of the holder of the certificate was removed
from the Register of members; (b)
in
a case falling under clause (d) of sub-rule (1), from the 15th day following
the date of issue of notice by the Registrar on or after the 1st day of
October; and (c)
in
any other case from such date and for such period, as may be decided by the
Council. (3)
When
a certificate is cancelled, the date from which and the period for which the
certificate shall stand cancelled shall be communicated in writing by
registered post to the member concerned at the address entered in the Register
and may also be published in the Journal, if any or on website of Council
within 15 days from the date of receipt of notice of such cancellation or from
the date of the notification thereof published in the Journal. The removal of the name of any person from
the Register shall be communicated in writing to him by registered post or
through an electronic mode to the address entered in the Register and may also
be published in the Journal, if any or on website of Council. (1)
The
Council may, on an application in the Form VII, received in this behalf from a
member whose name stood removed from the Register of members for non-payment of
fees may restore his name, if be is otherwise eligible to such membership, on
his paying the arrears of annual membership fee, entrance fee and fee for
restoration of name prescribed under Rule 45. (2)
The
restoration under sub-rules (1) shall be effected from the date on which the
application and fee are received: Provided that where such an application for
restoration, complete in all respects, is received within the same year in
which the name was removed, the Council may restore the name on his paying the
annual membership fee due for two years, entrance fee and the fee for
restoration of name, with effect from the date on which it was removed from the
Register: Provided further that the restoration of a
member's name which was removed under the orders of the Board of Discipline or
the Disciplinary Committee or the Appellate Authority shall be effected only in
accordance with such orders. (3)
The
restoration of a members name to the register shall be communicated in writing
or website of or other means as may be decided by the Council to him and may
also be published in the Journal, if any or on website of Council. (1)
The
Council may on an application made in appropriate form and on payment of fee,
as stated in Rule 52 may restore the certificate of practice with effect from
the date from which the restoration is granted, to a member whose certificate
has been cancelled due to non-payment of the annual fee for the certificate of
practice and whose application, complete in all respects, together with the
fee, is received by the Registrar before the expiry of the relevant year; (2)
On
acceptance of the application for restoration, the restoration of certificate
of practice shall be communicated in writing to the person concerned and may
also be published in the Journal as published on the website of the council. A Professional Civil Engineer may obtain
renewal of his registration with Council in the following ways: Any Indian National registered with GCPCE on
Annual Subscription basis may obtain renewal of registration by paying the
prescribed fee provided he has obtained requisite credit point as provided
under this rules towards continuous professional development and has submitted
evidence of the same. Foreign Nationals are required to renew the
Temporary License issued to them annually by paying the prescribed fee. An application may be made to registrar for
obtaining a duplicate certificate or certificate due to loss or damage of
original one or restoration of certificate due to cancellation or removal of
name and the same shall be issued in Form VII, after due process. Note. If such duplicate certificates are
being obtained for the reason of damage to the original card/certificate then
the damaged document also has to be submitted along with the Application Form.GUJARAT
COUNCIL OF PROFESSIONAL CIVIL ENGINEERS RULES, 2014
PREAMBLE