Registeration Procedure For Foreign Firms
PEC Consulting Byelaws Relevant to Registration Of a Foreign Consulting Engineer
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(ba) “foreign consulting engineer” means the enterprise incorporated or registered as a consulting engineer outside Pakistan;
6(2) Foreign firms of consulting engineers shall get themselves registered as consulting engineers for specified projects which need expertise and specialized knowledge not available with Pakistani consulting engineers, shall join an association or joint venture with a Pakistani consulting engineer and in such an association or joint venture, the services to be rendered by the foreign firm of consulting engineer shall be limited to the expertise and knowledge not available with any Pakistani consulting engineer:
Provided that this clause shall not apply to foreign consulting engineers who pay a visit to Pakistan under transfer of technology agreements on short assignments for which prior approval of Council for specified project thereof is obtained by the employer concerned.
Procedure for Registration of Foreign Consultants
9(1) Foreign consultants before starting any assignments in Pakistan shall get themselves registered with Council and a certificate on Form No. 4B, shall be issued to the Foreign consultants on payment of requisite fee, to enable them to operate in Pakistan.
9(2) On fulfillment of the conditions set out in clause (2) of bye-law 6 and submission of the relevant documents listed below along with requisite processing fee, the Foreign consultants if interested in bidding or negotiation for any project shall get themselves registered for that specific project and obtain a certificate on Form PEC 4C in Appendix-E.–
- registration certificate of the Pakistani consultants and pre-registration certificate of the foreign consultants;
- joint venture or association agreement of the parties, specifying shares of each party and name of the lead consultants; and 15
- brief description and scope of work for which the association or joint venture intends to participate in biding.
9(3) In case of transfer of technology agreements, foreign consultants shall supply to the Council a copy of the approval obtained from the employer.
9(4) Foreign consultants shall have to get their preregistration renewed as long as they intend or require to operate in Pakistan. However, for participating in bidding or negotiation for each specific project, they shall have to get a separate registration certificate for each project.
8. 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.