ENGINEERS

CHAPTER 53:03
ENGINEERS

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ADMINISTRATION

A. Board of Engineers

   3.   Establishment of Board of Engineers

   4.   Composition of the Board

   5.   Disqualifications

   6.   Tenure of office of members of Board and vacancies thereon

   7.   Remuneration of members of Board

   8.   Secretary/Registrar

   9.   Meetings of the Board

   10.   Committees of the Board

B. Powers and Objects of the Board

   11.   Powers of the Board

   12.   Objects and duties of the Board

   13.   Prescribed practice of engineering

PART III
FINANCIAL AND ACCOUNTANCY PROVISIONS

   14.   Funds of the Board

   15.   Investment powers

   16.   Borrowing powers

   17.   Annual budgets

   18.   Books, accounts, audits and reports

PART IV
REGISTRATION

   19.   Registers

   20.   Engineers must be registered

   21.   Applications to the Board

   22.   Registration of registered engineers

   23.   Registration of Graduate Engineers

   23   A. Registration as a Technician Engineer

   23   B. Registration as an Engineering Technician

   24.   Engineering Qualifying Examination

   25.   Registration of public officers as registered engineers

   26.   Registration of Selected Registered Engineers

   27.   Certificate of registration

   28.   Correction of registers

PART V
DISCIPLINARY PROVISIONS

   29.   Disciplinary committee

   30.   Powers of inquiry of disciplinary committee

   31.   Inquiry by disciplinary committee

   32.   Disqualification of member of disciplinary committee

   33.   Report to Board by disciplinary committee

   34.   Decision of Board; reprimand; suspension and cancellation of registration; appeal to High Court

PART VI
MISCELLANEOUS

   35.   Use of title

   36.   Execution of certificates and other documents

   37.   Regulations

PART VII
OFFENCES

   38.   Unlawful practice of engineering

   39.   Unlawful use of descriptions

   40.   Unlawful employment of non-registered persons

   41.   Fraudulent entries and copies

17 of 1972
13 of 1974
8 of 1980
39 of 1981
9 of 1988

An Act to provide for matters relating to the profession of engineering in Malawi and to the qualification, registration and control of the members thereof; to establish the Board of Engineers, a body corporate, as the qualifying, registering and disciplinary authority of such profession; to amend the Professional Qualifications Act and the Consultants and Contractors Act; to repeal the Registered Engineers Act; and to provide for matters connected therewith and incidental thereto

[1ST MARCH 1974]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Engineers Act.

2.   Interpretation

   In this Act, save where the context otherwise requires—

   “approved institution” means any university, institute, college or school of engineering or other educational institution approved by the Board pursuant to section 12 (d);

   “Board” means the Board of Engineers established by section 3;

   “Chairman” means the Chairman of the Board designated by the Minister pursuant to section 4 (3);

   “Current Register” means that Part of the Register of Registered Engineers designated as such in section 19 (6) (b);

   “disciplinary committee” means the disciplinary committee of the Board constituted in accordance with section 29;

   “engineering” means the doing or performing of any prescribed engineering work or activity constituting the practice of engineering under section 13 or of any other work or activity required, under this Act, or any other written law, to be done or performed by a person registered under this Act;

   “financial year” means the period commencing on the date of commencement and ending on the following 31st March, and thereafter the period of twelve months ending on the 31st March each year;

   “Graduate Engineer” means any person registered as such in the Register of Graduate Engineers, pursuant to section 23;

   “Main Register” means that Part of the Register of Registered Engineers designated as such in section 19 (6) (a);

   “prescribed engineering work or activity” means any engineering work or activity prescribed as the practice of engineering pursuant to section 13 and includes any other work or activity required under this Act, or under any other written law, to be done or performed by a person registered under this Act;

   “Register” means the Register of Engineers, or the Register of Graduate Engineers or the Register of Selected Registered Engineers, or Register of Technician Engineers or Register of Engineering Technicians as the case may be, maintained by the Board pursuant to section 19;

   “Registered Engineer” means any person registered as such in the Register of Engineers;

   “Registered Engineering Technician” means any person registered as such in the Register of Engineering Technicians pursuant to section 23B;

   “Registered Technician Engineer” means any person registered as such in the Register of Technician Engineers pursuant to section 23A;

   “Registrar” means the Secretary to the Board, designated Registrar by section 8 (2);

   “rule” means any rule prescribed by the Board under this Act;

   “Secretary” means the Secretary to the Board designated by the Minister pursuant to section 8 (1);

   “Selected Registered Engineer” means any Registered Engineer registered as a Selected Registered Engineer pursuant to section 26;

   “Vice-Chairman” means the Vice-Chairman of the Board designated by the Minister pursuant to section 4 (3).

PART II
ADMINISTRATION

A. Board of Engineers

3.   Establishment of Board of Engineers

   (1) There is hereby established a board under the name of the Board of Engineers (hereinafter referred to as the Board) which shall be a body corporate with perpetual succession and a common seal, with power to alter and change the same from time to time, and shall, under the said name, be capable of suing and being sued and, subject to the provisions of this Act, of purchasing or otherwise acquiring, holding or alienating property, real or personal, and of doing all such acts and things as bodies corporate may by law do or perform.

   (2) The common seal of the Board shall be authenticated by the signatures of the Chairman, or of the person for the time being performing the functions of Chairman, and of one other member of the Board designated by the Board for such purpose, and any document purporting to be sealed with the said seal and so authenticated shall be admissible in evidence of the particulars stated in that document.

   (3) The Board may use a wafer or rubber stamp in lieu of an embossed seal until such time as an embossed seal is procured by the said Board.

4.   Composition of the Board

   (1) The Board shall consist of the following members—

    (a)   the public officer for the time being holding, or acting in, the post of Engineer-in-Chief;

   (b)   an officer in the public service, who is a Registered Engineer and a resident of Malawi, appointed by the Minister;

   (c)   two persons appointed by the Minister from a panel of not less than five Registered Engineers nominated by the Malawi Group of Professional Engineers;

   (d)   one person appointed by the Minister from a panel, nominated by the University of Malawi, consisting of not less than three persons actively engaged on the staff of the said University as professors or lecturers in engineering or scientific subjects; and

   (e)   one other person appointed by the Minister.

   (2) The Minister may appoint to the Board such other persons not exceeding three in number, as he deems qualified to assist the Board in its work and deliberations.

   (3) The Minister shall designate the Chairman and the Vice-Chairman, respectively, of the Board from among the members thereof appointed by, or in pursuance of, subsection (1).

   (4) Members of the Board shall not, by virtue only of their appointment to the Board, be deemed to be officers in the public service.

5.   Disqualifications

   Any person who—

   (a)   is an undischarged bankrupt;

   (b)   has been convicted, at any time, of an offence under this Act, or under any written law which is repealed or replaced by this Act;

   (c)   has, within three years last past, for an offence under any written law, been sentenced to a term of imprisonment of not less than six months save as an alternative to, or in default of, the payment of a fine;

   (d)   has been convicted, within six years last past, of an offence involving fraud or dishonesty,shall be disqualified from being appointed to, or from continuing to hold office as a member of, the Board.

6.   Tenure of office of members of Board, and vacancies thereon

   (1) Subject to subsection (4), any person who is appointed a member of the Board in pursuance of section 4 (1) (b), (c), (d) or (e) shall hold office for such period not exceeding three years as may be specified in the instrument of his appointment.

   (2) Any retiring member of the Board, other than a member who is disqualified under section 5, shall be eligible for re-appointment.

   (3) Upon expiry of the period for which a member is appointed he shall continue to hold office until his successor has been appointed, but in no case shall such further period exceed three months.

   (4) The office of a member of the Board, who is not a member thereof ex officio, shall be vacated—

   (a)   upon his death;

   (b)   if he is absent from three consecutive meetings of the Board without the permission of the Board or of the Minister;

   (c)   upon the expiry of one month’s notice in writing of his intention to resign given by him to the Minister and to the Board;

   (d)   upon his dismissal from the Board by the Minister by notice in writing;

   (e)   if he becomes mentally or physically unfit, and the Minister and the Board are of opinion that he is no longer, by reason of such unfitness, capable of performing his duties as a member of the Board; and

   (f)   if he becomes disqualified for membership of the Board under section 5.

   (5) An ex officio member of the Board shall continue as such for so long as he holds the office by virtue of which membership of the Board is ordained by this Act.

7.   Remuneration of members of Board

   Any member of the Board who is not an officer in the public service shall be paid out of the funds of the Board such remuneration and allowances, if any, as may be prescribed.

8.   Secretary / Registrar

   (1) There shall be a Secretary to the Board who shall be an officer in the public service and shall be designated as Secretary by the Minister.

   (2) The Secretary to the Board shall be the Registrar for all of the purposes of this Act.

   (3) The Secretary shall be the chief executive officer of the Board and as such shall be responsible to the Board for the administration and management of its affairs, and shall be in charge of all administrative, executive and other staff of the Board, and, in all such matters, shall, at all times, be subject to the direction and control of the Board.

   (4) The Secretary shall exercise such powers and perform such duties as the Board may, after consultation with the Minister, delegate to him in writing from time to time, and in any such delegation the Board may impose such conditions as to the exercise of such powers or the performance of such duties as the Board deems fit.

   (5) The Secretary may, with the approval of the Board, employ such temporary or part-time staff as he deems necessary for the time being efficiently to effect the objects of the Board.

   (6) The Board shall be liable for all salaries and other expenses incurred in relation to persons employed under subsection (5).

9.   Meetings of the Board

   (1) The Board may meet at such places and times as the Chairman may determine, or as he may be directed by the Minister, and such meetings shall be convened by the Chairman or by the Minister.

   (2) In the absence of the Chairman from any meeting of the Board, the Vice-Chairman shall preside, and in the absence of both the Chairman and the Vice-Chairman from any such meeting, the members present, if constituting a quorum, shall elect one of their number to preside at that meeting.

   (3) The Board shall conduct its meetings in such manner as may be directed by the Minister, or, in the absence of such direction, in such manner as the Board deems meet.

   (4) Three members of the Board shall constitute a quorum.

   (5) At all meetings of the Board the person presiding shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.

   (6) Minutes of each meeting shall be kept by the Secretary and shall be confirmed at the succeeding meeting by the Chairman, Vice-Chairman or other member presiding, as the case may be.

10.   Committees of the Board

   (1) The Board may, with the consent of the Minister, establish one or more committees to carry out any special or general functions determined by the Board and may delegate to any such committee such of the functions of the Board as it may deem expedient.

   (2) The Chairman of the Board shall, by reason of his office, be a member of each committee established pursuant to subsection (1).

   (3) The chairman of each committee established pursuant to subsection (1) shall be appointed by the Board from amongst the members of the Board.

   (4) Each committee may, with the consent of the Board and the approval of the Minister previously obtained, co-opt as members of such committee persons who are not members of the Board and who are not disqualified for such membership, and any of such members so co-opted may or may not be officers in the public service.

   (5) The chairman of each committee may, at any time and at any place, convene a meeting of the committee of which he is chairman.

   (6) The Board may, at any time, direct the chairman of any committee to convene a meeting of such committee and such chairman shall, as soon as is practicable, comply, with such direction.

   (7) Every committee established pursuant to subsection (1) shall keep minutes of its meetings and shall inform the Board of its activities and conduct its proceedings in such manner as the Board may direct.

   (8) The Minister may, in writing, nominate any officer in the public service to attend any meeting or meetings of any committee established pursuant to subsection (1), which officer may take part in the proceedings of any such meeting as if he were a member of such committee, save that he shall not be entitled to vote thereat.

   (9) Any member of a committee established pursuant to subsection (1), who is not an officer in the public service, shall, in respect of expenses incurred by him in travelling and subsistence while discharging his duties as such member, be paid out of the funds of the Board, such allowances as may be prescribed.

B. Powers and Objects of the Board

11.   Powers of the Board

   The Board shall be the sole qualifying and registering authority of the engineering profession in Malawi and shall have the following powers—

   (a)   to register engineers, technician engineers and engineering technicians pursuant to this Act;

   (b)   to establish educational standards and qualifications for the engineering profession in Malawi;

   (c)   to exercise disciplinary control over the engineering profession in Malawi ;

   (d)   to purchase, lease, or otherwise acquire any property, real or personal, for or in connexion with the exercise of any of its powers or objects;

   (e)   to manage, insure, let, sell, alienate, mortgage or otherwise deal with any property of the Board as it may deem necessary or expedient;

   (f)   to do or perform any act necessary to or directed towards the furtherance of its objects as declared by section 12;

   (g)   to receive donations or gifts of moneys or other property from any person or body of persons and, for the furtherance of its objects, to receive such donations or gifts beneficially or as the trustee of any trust established for the furtherance of such objects;

   (h)   to do or perform any act or thing prescribed by this Act to be done or performed by the Board;

   (i)   subject to the approval of the Minister, to employ administrative or executive staff or other servants or agents for the better administration of the affairs of the Board, and to make provision for the salaries, wages, commissions and other conditions of service of such persons, including pensions, gratuities and other superannuation benefits; and

   (j)   subject to the approval of the Minister, to make advances to employees of the Board for the purchase of motor or other vehicles by such employees, on terms and conditions as to the use of such vehicles and as to the repayment of such advances as the Minister may, from time to time, require.

12.   Objects and duties of the Board

   The objects and duties of the Board shall be—

    (a)   to maintain a Register of all persons who are entitled to practise engineering in Malawi as Registered Engineers under this Act;

   (b)   to maintain a Register of all persons entitled to practise engineering in Malawi as Graduate Engineers under this Act;

   (c)   to maintain a Register of Selected Registered Engineers who are deemed by the Board to be qualified to supervise the post-graduate training of Graduate Engineers in Malawi, as required from time to time, by the Board under this Act;

   (d)   to approve universities, institutions, colleges or schools of engineering or other such educational institutions within or outside Malawi, as approved institutions whose training in engineering will be acceptable training for the purposes of this Act;

   (e)   to prescribe, from time to time, by rules, made with the prior approval of the Minister, syllabuses of subjects for examinations to be set and held by the Board;

   (f)   to set and hold, from time to time, such examinations, oral or written, as the Board deems necessary for the purposes of this Act;

   (g)   to set and hold, from time to time, qualifying examinations for admission to the engineering profession in Malawi and for registration under this Act;

   (h)   to issue certificates in the name and under the seal of the Board to candidates who are successful at examinations conducted by the Board for the purposes of this Act;

   (i)   to prescribe, from time to time, by rule, made with the prior approval of the Minister, fees to be paid to the Board in respect of examinations held or prescribed by the Board for the purposes of this Act;

   (j)   to prescribe, from time to time, by rule, any thing or matter, relating to the qualification of persons for registration, which is to be prescribed under this Act and for which no other prescribing authority is specified;

   (k)   to prescribe, from time to time, by rule, principles of conduct and ethics to be followed by persons registered under this Act, in Malawi, in the course of their practice as engineers, and further to provide for disciplinary measures and penalties to be taken and enforced by the Board for any infringement or any such prescribed principles;

   (l)   to prescribe, from time to time, by rule, the maximum levels of engineering responsibility which may be imposed, by contract or by virtue of any employment, on Graduate Engineers, in respect of any engineering works; which said maximum levels of engineering responsibility may be determined by the Board by taking into account the class and extent of the relevant engineering works, the type and extent of the control of such works to be vested in such engineer; the knowledge and experience reasonably required of such engineer efficiently to exercise such control.

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