Registeration Procedure For Local Firms
PEC Consulting Byelaws Relevant to Registration of a Local / Pakistani Consulting Engineer / Firm / Company
2(aa) “consulting engineer” means any person, partnership, corporate body or any other legal entity which independently performs study, prepares reports, makes design, supervises project implementation, construction, fabrication or similar advisory activities in the engineering disciplines and is registered or licensed as such by the Council;
2(bb) “Pakistani consulting engineer” means an enterprise registered as such by the Council;
2(ca) “qualified person” means any individual who holds at least a bachelor degree from a university recognized by the Higher Education Commission (HEC) of Pakistan and possesses minimum five years of experience or any legal entity;
Information Regarding Ownership (and relevant matters of Pakistani Consulting Engineer/Firm/Company
3. Ownership. — A minimum of fifty-one percent of the shares or interest of a consulting engineer in a partnership firm or a private limited company and fulfilling the minimum requirements provided in bye-law 3A shall be owned by professional engineers and the remaining forty-nine percent of the shares may be owned by a qualified person, however, it shall not be allowed to perform activities reserved for a consulting engineer:
Provided that these conditions shall not apply to companies or partnerships in which the Government has any shares or interest, to the extent of such shares or interest.
3A. Registration. — (1) No person shall practice as a consulting engineer, nor be the sole proprietor of a firm of consulting engineers unless he is a professional engineer and —
a) holds at least an accredited bachelor of engineering qualification with a minimum of ten years of professional experience and is registered as such by the Council; or
b) holds at least an accredited bachelor of engineering qualification with a professional master degree or higher qualification with a minimum of five years of professional experience and is registered as such by the Council.
3B. Transfer of Ownership. — (1) In case of death of an individual or sole proprietor of a consulting engineering firm, the following procedure shall be observed, namely: —
a) if his successor possesses the qualifications laid down in bye-law 3A, the ownership of the firm shall be transferred to the name of the said successor;
b) if his successor is a qualified person, the successor shall, within a period of six months from such death, get the Council’s licence of the deceased transferred in the name of a partnership or private company with the same or similar name and may retain shares in accordance with restrictions laid down in bye-laws 3; or
c) in case his successor is unable to fulfill the aforesaid requirements, the successor shall, within a period of six months, get transferred the shares to an engineer fulfilling the conditions laid down in bye-law 3.
(2) In case of death of a professional engineer who was partner in a partnership firm, the shares of the deceased shall be transferred to his successors who may retain the shares if they fulfill the requirements prescribed in bye-law 3A or is a qualified person, provided that such firm shall within a period of six months comply with the restrictions on ownership laid down in bye-law 3.
(3) In case of death of a professional engineer in a company, the shares of the deceased shall be transferred to his successors who may retain the shares if they so desire and fulfill the requirements under bye-law 3A or is a qualified person, however, such company shall comply with the restrictions on ownership laid down in bye-law 3 . In case the successors are unable to meet the aforesaid requirements, they shall, within a period of six months, transfer their shares to professional engineers fulfilling the conditions as laid down in bye-law 3A.
(4) No person shall be a sole proprietor or a managing partner of a partnership firm of consulting engineers or the chief executive of a consulting engineering company unless he meets the qualifications as laid down in bye-law 3.
Registration and Penalties
8(1) For initial registration in accordance with these bye-laws and subsequent annual renewals, the consulting engineer shall submit application to the Council on the form prescribed at Appendix-B. The application for renewal shall be submitted to the Council from the 1st day of December of every year based on consulting engineers’ status as on 31st of November of the same year. The Council, after scrutinizing the application and obtaining any further information or clarifications from the consulting engineer as it may deem necessary, may register or renew the registration of the consulting engineer for the following year on form at Appendix ‘C’ or refuse registration or renewal if the information supplied by the consulting engineer, in the opinion of the Council, does not meet the requirements of these bye-laws. After applying for renewal, the consulting engineer may continue to practice for ongoing works only. The Council shall give a decision on registration within one month of receipt of application for initial registration or renewal of the registration, otherwise the previous licence shall remain valid.
8(2) A consulting engineer shall inform the Council of any event taking place following his registration or renewal thereof, which render him ineligible for continuation of registration in accordance with these bye-laws. On receipt of such information, the Council may decide to continue the validity of registration 14 until the date of next renewal or suspend or cancel the registration as it may deem fit.
8(3) Any infringement of these bye-laws by a consulting engineer shall render him liable to punitive action by the Council as it may deem fit. Such action may amount to suspension for a period of time or removal of the name of the consulting engineer from the Register of Consulting Engineers.
8(4) Submission of information to the Council by a consulting engineer which is found to be false or intentionally misrepresented shall be considered as misconduct and such consulting engineer shall be liable to be punished in accordance with the provision of the Act.
8(5) Any person who practices the profession of consulting engineering in Pakistan without valid registration by the Council and any person who abets or helps such unauthorized practice or any person or organization who infringes or helps in the infringement of these bye-laws shall be liable to be punished in accordance with the provision of the Act.
Selection Procedure
- The employer will publicly notify the scope of work of a project for which he needs the services of a consulting engineer, and will invite prequalification applications from consulting engineers registered with the Council: Provided that this clause shall not apply to the technical assistance programs and be governed by the terms of the agreement with foreign government or agency
- Based on the information received from the consulting engineers as to their qualifications, experience, availability of the requisite personnel specialized in the field of work required for the project and other pertinent aspects, the employer will pre-qualify consulting engineers for the project and will invite these pre-qualified consulting engineers to submit their technical and financial proposals in separate sealed envelopes by a certain date. While inviting proposals the employer will afford full and equal opportunity to all the invited consulting engineers to inspect the site, make any enquiries and investigations that they consider pertinent for the project and make available any data that would help the consulting engineers to prepare their proposals
- On receipt of the proposals the employer will appoint a suitably qualified committee to evaluate the technical proposals of all the contestants, the committee will evaluate each technical proposal as regards the understanding of project needs, methodology work plan, time schedule, experience and qualifications of personnel to be assigned, present work load and other pertinent aspects in relation to the services required of the consulting engineer. No special weightage in the evaluation will be given to any consulting engineer for reason of his being in the public or the private sector. The committee will rank the consulting engineers in order of their suitability for the particular project
- The employer will then open the financial proposals of the three top ranking consulting engineers in the presence of such consulting engineers who care to be present and will publicly announce the prices and terms of all three proposals
- The top ranking consulting engineer will first be invited to negotiate a contract with the employer. If agreement is not reached, the negotiations will be terminated and the consulting engineer notified in writing to this effect by explaining the points of disagreement. A similar negotiation will then follow with the second consulting engineer and failing accord with the second, the third, consulting engineer will be called in for negotiations a similar manner
- In the event no agreement is reached with any of the top ranking three consulting engineers, the employer will have the option to follow the procedure described in clause (4) and (5) for the remaining contestants
Registeration and Penalties
- For initial registration in accordance with these Bye-laws and subsequent annual renewals, the consulting engineers shall submit application to the Council on the form prescribed at Appendix B. The application for renewal shall be submitted to the Council by the 1st day of November of every year based on consulting engineer’s status as on 31st of October of the same year. The Council after scrutinizing the application and obtaining any further information or clarification from the consulting engineer as it may deem necessary, may register or renew the registration of the consulting engineer for the following year or refuse registration or renewal if the information supplied by the consulting engineer in the opinion of the Council does not meet the requirements of these Bye-laws. After applying for renewal the consulting engineer may continue to practice while his application is pending with the Council unless and until the Council refuses in writing to renew the registration
- A consulting engineer shall inform the Council of any events taking place following his registration or renewal therefore, which render him ineligible for continuation of registration in accordance with these Bye-Laws. On receipt of such information, the Council may decide to continue the validity of registration until the date of next renewal or suspend or cancel the registration as it may deem fit
- Any infringement of these Bye-laws by a consulting engineer shall render him liable to punitive action by the Council as it may deem fit. Such action may amount to suspension for a period of time or removal of the name of the consulting engineer from the register of consulting engineers
- Submission of information to the Council by a consulting engineer which is found to be false or intentionally misrepresented shall be considered as misconduct and such consulting engineer shall be liable to be punished in accordance with the provision of the Act
- Any person who practices the profession of consulting engineering in Pakistan without valid registration by the Council and any person who abets or helps such unauthorized practice or any person or organization who infringes or helps in the infringement of these Bye-laws shall be liable to be punished in accordance with the provision of the Act