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;
Information Regarding Ownership (and relevant matters of Pakistani Consulting Engineer/Firm/Company
3(1) An individual practicing as a consulting engineer or a sole proprietor of a firm of consulting engineers shall be a professional engineer with a minimum of five years of professional experience with Masters Degree or minimum of ten years of professional experience after graduation.
3(2) On the demise of the individual or sole proprietor of a firm of consulting engineers or his becoming incapable of rendering professional service due to incapacitation and circumstances beyond his control, his successors may be permitted to complete on-going projects only, but such 4 permission shall not exceed the time required to complete the on-going projects.
3(3) A minimum of fifty-one per cent of the shares or interest of a consulting engineer which is a partnership or a private limited company shall be owned by professional engineers having a minimum professional experience in their respective disciplines of five years with Masters or ten years after graduation and the remaining shares or interest shall be held by professional engineers not fulfilling the requirement as aforesaid, or allied professionals who shall have a minimum professional experience in their respective disciplines of fifteen years after graduation:
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, and any share or interest which is not owned by the Government must be owned by professional engineers or allied professionals in the proportions as aforesaid.
3(4) The managing partner of a partnership firm of consulting engineers and the chief executive of a consulting engineers company shall be professional engineers with a minimum professional experience in their respective disciplines of five years with Masters or ten years after graduation, and all the other partners of a partnership firm of consulting engineers and all directors and executives other than one finance executive of a consulting engineers company shall be either professional engineers with a minimum of five years professional experience with Masters or ten years professional experience after graduation or allied professionals with a minimum professional experience of fifteen years after graduation in their respective disciplines.
3(5) The individual consulting engineer, the sole proprietor of a proprietorship firm of consulting engineers and at least seventy-five per cent of all partners of a partnership firm of consulting engineers, and of all directors, including the chief executive of a consulting engineers company shall work solely for the consulting engineering profession.
3(6) Professional engineers engaged in Government service or public organizations may undertake private practice if they are allowed by their respective departments.
3(7) The individual consulting engineer or the sole proprietor of a proprietorship firm of consulting engineers shall give an undertaking to the Council that he is an independent consulting engineer and has no interest in construction and conflicting commercial, industrial and business activities which are likely to influence his professional independence and neutrality.
3(8) Any change in the constitution of the firm or company of consulting engineers shall meet the above requirements at all times, except for a reorganization period which in the case of the demise of a partner shall not exceed the completion period of projects committed and in hand.
2(a) “allied professional” includes –
- architect or town planner as defined in the Pakistan Council of Architects and Town Planners Ordinance, 1983 (IX of 1983):
- geologist holding a University Degree in Geology:
- hydrologist holding a University Degree in Hydrology
- agronomist holding a University Degree in Agriculture (Agronomy):
- qualified economist, financial analyst, computer scientist, system analyst, land surveyor, quantity surveyor holding a university degree in the relevant discipline.
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