1-IEI Presentation Royal Charter 1935 A Talk

Engineering Practice
(अभिय ांभिक कर्म)

Professional Status in
(वयवस भयक है भसयत)
India/Bharat/(ि रत)
A Talk in relevance to (एक व त म)
Role of (क यम सम्बांभित)
Chartered Engineer (India)
[र जपभित अभियांत (ि रत)]
E N G I N EERING & I EI RO YA L CH A RTER - 1
BY I N T P E S U RA J S I N G H
Foreward
1. ‘Engineering’ term is very widely used, without elaborating any bound
2. Development of world has been continuing for long centuries/milleniums
3. When this term ‘Engineering’ did not exist, development then also, continued
4. Examples are development during Ramayana & Mahabharata era
5. Shri Vishwakarma has been understood spiritually, to be first maker for development
6. ‘Engineering’ has started its birth, only due to considerable degree of scientific evolution & values
derived from ‘state of art applied sciences’
7. Systems existed prior to understanding by human being, due to fact that nature is perfect ‘engineer’,
perfect ‘designer’, perfect ‘architect’ & perfect ‘doctor’
8. It is not easy to understand what nature declares, since nature works on complete & perfect designs,
which preliminarily, cannot be conceived by human being
9. ‘Architecture’ is described as an art, to bring on to paper, minds & souls imaginations
10. ‘Engineering’ is understood to be a combination of ‘arts & science’, since it radiates globally, drawing its
spectrum from all ‘applied sciences’ fields
11. Applied science brings in an extremely, significant systems based, devised world into further broader
world of ‘Engineering’
12. ‘Engineering’ cannot be worked out, without involving applied sciences to deliver products
13. Therefore, it is too formal only, to constitute ‘Engineering’ into a term ‘Profession’, since ‘profession’
term is limited to an extent, its virtual applications are concerned
14. As a part of an art, what an Engineer thinks, is off Engineering profession, since ‘Engineering’ is based
upon systems only, while imagination being necessary for creation of art, cannot be proven
15. It is for deliberation purpose only, valid that ‘Engineering’ requires to be defined, within ambit of law, so
that works may be carried out, under defined safe & sustainable controls
ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ

SINGH 2
Index
 Chapters Included in this Talk
1. Project Stakeholders /Slide 4
2. Legal status of entities /Slide 5
3. Major statutes involved on projects /Slide 6
4. Laws usable by engineers /Slide 7
5. Engineer/s registration /Slide 8
6. Her Majesty's Prerogative Powers /Slide 9
7. Initiation of Institution of Engineers (India)/A brief past /Slide 10
8. Brief about charters- /another presentation 3-IEI
PresentationLetterPatentsRoyalCharter1860-3HIghCourts.pptx
9. IEI Royal Charter 1935, deliberation in details /Slide 11-55
10. India/Bharat Savidhan/Constitutional relevance to IEI charter 1935 /Slide 56-74
11. IEI Charter Relevance to Indian Evidence Act /Slide 75-79
12. IEI Charter Relevance to Indian Panel Code 1860/Slide 80-91
13. Conclusions on deliberations /Slide 92-93
14. Government of India Notifications pertinent Chartered Engineers Certifications-
/another word file
15. Presentation E Ends-Thanks/Slide
N G I N E E RING 94-96
& I E I RO YA L CH A RT E R - BY 3
I N T P E S U RA J S I N G H
General Explanations for common reference
Project stakeholders
Involved parties on project often are
1. Owner/promoter/builder/end user
2. Engineer/Architect/Other professional engineers
3. Contractor expert on demanded project deliveries
What is an Engineer by definition on an international basis on professional contracts?
1. Answer is simple & should be responded to, by including indicative following elaboration
2. ‘Engineer’ means an engineering qualified & competent professional, legally, authorised to conduct or carry our
engineering activities required within profession, prosecutable both in office as well as, in field of operations
Responsibilities that are often entrusted on Engineer in profession
1. Charting out feasibility studies pertinent, whatever scheme to be projected on desk
2. Charting out cost budgetary requirements, expendable on proposed or conceived scheme or plan
3. Charting out FEED requirements, FEED means Front End Engineering Design
4. Charting out project schematic & development drawings
5. Charting out project drawings & documents, required for obtaining statutory permits, under relevant statutes
6. Charting out design & working operational drawings or shop drawings
7. Charting out necessary bid/s or tender documents for awarding contracts, which may be lump sum EPC or C only,
depending on owner’s requirement or general convention
8. Scrutinizing received bids both Technical & Commercial, by owner or directly, by Engineer on behalf of owner
9. Recommend to award best bid, based on merits drawn from Technical & Commercial bids
10. Superintend/Supervise/Control, as designated ‘Contract Engineer’ all activities whatsoever, to be delivered by
constructor, after prosecution of project activities included within scheme in all respects
11. Superintend/Supervision includes, ensuring quality & quantity compliance, as demanded on bid documents whatsoever,
without any concealed concession or with contractually, agreed concession
12. Closing contract & taking over from contractor, with discharging contractor from prosecution responsibility
13. Delivering completed contract of project to owner or promoter or end user
14. Status of Project changes to status of Operation
15. Job of Engineer ends at this stage from Project viewpoint ENGINEERING & IEI ROYAL CHARTER-
BY INT PE SURAJ SINGH 4
 Legal status of entities, bodies, organizations, agencies etc.
In India/Bharat, following status, pertinent entities or bodies is acceptable
 Constitutional status
1. Authorities defined or named within Constitution of India, such as President, Vice
president, Parliament Speakers, Chief Justice of India, Prime Minister, CAG, Election
Commission, Attorney General etc.
 Chartered status
1. Indian Old Law Ministry was chartered in 1833, pre independence, not applicable now
2. The Institution of Engineers (India) was chartered in 1935, still existing & functioning
 Statutory status
1. Whatever body or agency, that has been established & constituted by, whatever specific
Act, which Act, legislated by, either Parliament or State Assembly, such as namely Bar
Council, Medical council, Development Authorities, Municipalities by name, Police etc.
 Registered status
1. Whatever body or agency, that has been established privately, by forming & constituting
associations or societies, duly registered, under provisions of Societies Act 1860 or others,
entities, such as registered under companies Act etc.
 Non registered status
1. All other bodies or persons constituting body whatsoever, are under unregistered category
 Personal status
1. Carry out any activity under personal involvement, without being registered anywhere
SINGH 5
 Major Statutes that are involved on projects being
1. Land acquisition statute for ‘Green Field schemes’
2. Land development statute for ‘Green Field schemes’
3. Institution of Engineers (India) Charter 1935 for Regulation of Engineers & Engineering
profession, by Authorizing Engineers as well as, directing engineering profession
4. Architects Act 1972 for regulation of architects & directing its profession
5. Indian Contract Act for formulating & constitution of contracts, including incorporation of FIDIC
standards into Contract body
6. Safety, health & environment regulations for public & individual safety i/c OSHA
7. Quality regulations for delivering, quality system managed product whatsoever
8. Maintenance of peace on project regulations, avoiding site general disputes
9. All relevant National engineering codes & also, International engineering codes
10. Warrantees & Guarantees regulations for long term & expansive items use, to be included
11. Relevant bye laws & regulations for related project activity requirement
12. Service Tax Act & VAT Regulations for ST, recoverable from Engineers & Contractors
13. All Acts related to workforce, including all subcontractors workforce
14. Bank Regulations for bid bond, performance bond & budget/finance management etc.
15. Indian Arbitration & Reconciliation Act 1996 for ‘resolution of disputes’ & ‘Disputes Adjudication Board
management’ in line to FIDIC, an international body for standardising contract agreements
16. Indian Evidence Act for charting fit/ perfect documents
17. Municipal Acts for application of management, respecting required statutory permits
18. Development Authority Act, Urban Arts Commission, Environment related Acts, ASI, Fire, & others, for
application of complete management, respecting required permits, indicatively, in all, 64 official
approval windows for major Megha projects (ref TV debate by some expert)
Foregoing references have just been included for information
SINGH 6
 Laws applicable pertinent, & usable by Engineers, in
India/Bharat to conduct professional practice
1. Institution of Engineers (India) Royal Charter 1935
2. Service tax Act
3. Contract Act
4. Contract related bonds regulations
5. SHE regulations
6. Fire protection regulations
7. Quality procedures national & international regulations
8. Building bye laws & regulations
9. All relevant national codes
10. Relevant International codes, whereto national codes do not
respond adequately
11. Equipment manufacturing regulations
12. Labour related regulations
SINGH 7
Engineers Registration
1. For purpose of regulation of practicing engineers, in particular respecting civil engineers, a
convention has been surviving for many decades in almost every state in India/ Bharat that
municipalities conduct certain documentation for granting licenses to engineers on an
yearly basis
2. It is regretted that such registering practice has not been based on/or supported by certain
competently, defined statutory authorized procedure at all
3. Urban development authorities including municipalities, that draw relevant powers of
implementation of respective schemes from Constitution of India, Article 243W, Schedule
12, Power/Charter of Municipalities, do or effect, all such irregular ‘engineers registrations’
under an arbitrary applied bye law
4. Schedule 12, enshrined within Constitution of India does not anywhere, on its list, either
provide or suggest or direct, inclusive mandate for control of Engineering
profession/professionals registration/regulation or relevant invested trust on such
constitutional & statutory agencies or bodies, meant for urban maintenance/development
5. Unfortunately, all such authorities do condone other rightful national provisions on statute
such as IEI Royal Charter, which had been ordered by UK rulers in 1935, with an objective
to mandate to control & regulate Practice of Engineering in India through IEI
empowerment
6. This charter authorises its ‘corporate members’ to practice as engineering professionals in
description entitling Chartered Engineer (India) in reference to corporate membership
7. A brief explanation pertinent that charter has been included herein for your appraisal
8. IEI Charter deliberation in details pertinent its presents/articles, now follows hereinafter
SINGH 8
Her Majesty's Prerogative Powers
by Scott Thompson
Printed in American Almanac, August 25, 1997.
Idea of a ``constitutional monarchy'' is a myth. All that exists are `òaths of allegiance'' to monarch.
Without need for parliamentary authority, Queen Elizabeth has Royal Prerogative Powers.
Following partial list of those powers is from authoritative Burke's Peerage and Baronetage:
1. Queen alone may declare war at her pleasure;
2. as commander-in-chief, Queen may choose and appoint all commanders and officers by land, sea, and air;
3. Queen may convoke, adjourn, remove, and dissolve Parliament;
4. Queen may dismiss prime minister and choose, whom she will as replacement;
5. Queen can choose and appoint all judges, councillors, officers of state, magistrates;
6. Queen can choose and appoint all archbishops (including Archbishop of Canterbury, who is primus inter pares in Anglican Communion), bishops, and high
ecclesiastical dignitaries; as ``Sovereign is first in honor, dignity and in power--and seat and fountain of all three,'' Queen may bestow all public honors,
including creating a peerage for membership in House of Lords or bestowing an order of chivalry;
7. Queen alone may conclude treaties;
8. Queen may initiate criminal proceedings, and she alone can bestow a pardon.
9. Some of these powers are exercised on advice of cabinet ministers or others, and principal vehicle through which Queen receives such advice--apart from
weekly or more frequent meetings with prime minister--is through a body known as Privy Council.
The Privy Council
According to Privy Council's own public documents, there are 390 members of Council, who are appointed for life.
Privy Council serves as a vehicle for Queen's use of her Prerogative Powers, because it is a council with representatives
from all branches of Venetian oligarchy, including: peers from House of Lords, prime minister, Law Lords, all cabinet
officers, leaders of Loyal Opposition in Parliament, prominent individuals in City of London, and leading members of
established Anglican Communion.
Privy Council is above Parliament, including House of Lords, because of Queen's Prerogative Powers.
However, Privy Council not only serves as a vehicle for exercise of Queen's Prerogative Powers, but its offices also enact statutory powers
delegated by various Acts of Parliament. It has its own Order of Precedence, which begins with HRH Prince Philip, Duke of Edinburgh, KG, KT, OM, GBE; then, HRH Prince Charles, Prince of Wales, KG, KT GCB;
next come George Leonard Carey, Archbishop of Canterbury, and Lord High Chancellor Lord Mackey of Clashfern; and finally arriving at [former] Prime Minister and First Lord of the Treasury John Major, and, very far
down the list, Labour Party leader [now Prime Minister] Anthony Charles Lynton Blair. The fact that Tony Blair was made a member of the Privy Council on July 27, 1994, helps explain why there is not a dime's worth
of difference between his policies and those of Tory Prime Minister Major or his predecessor, Lady Margaret Thatcher. As Blair's factional opponent in Labour, Anthony Wedgwood Benn, revealed, based upon personal
experience: All members of the Privy Council must take an oath of allegiance to uphold the Queen and her actions. Such oaths are the basis of the myth that the British Empire represents a ``constitutional monarchy.''
The Privy Council also has statutory powers that have been conferred by a variety of enactments, and they are exercised either by `Òrders in Council'' (i.e., by the sovereign in Council) or by `Òrders of Council'' (i.e., by
the Lords of the Privy Council).

SINGH 9
 Initiation of Institution of Engineers (India) / A brief past
1. Consequent upon Industrial Commission report, an institution was established to serve
engineering profession in India in 1920, now named by title ‘The Institution of Engineers
(India)’ registered under then ‘Indian Companies Act’
2. Its general objectives had been to initiate, apply, promote & advance engineering for industrial
development throughout India, so as to achieve target for national development accomplishment
3. Institution performed to carry out its obligations successfully, while commenced with conducting
examination respecting IEI [‘section A & section B’ pass certification] for students to achieve
[equivalent Bachelor degree in engineering], by process of students appearing in & passing, to
lead to designated AMIE(corporate membership), IEI section A & B examination/an informal
engineering bachelor degree equivalent, effective 1928 & has still been continuing this
educational activity, since then
4. Later, institution moved a Petition for obtaining a Royal Charter of incorporation on HM King,
George fifth, for grant of a Royal Charter of Incorporation
5. A ‘Royal Charter of Incorporation’ was then approved & granted to IEI, then existing institution
in 1935, which Royal Charter enacted IEI on Royal List
6. Since then this institution has been functioning under ‘Charter Statute” mandated by on ‘Royal
Charter’ of its ‘Incorporation’ ‘1935’ by Title of Charter ‘The Institution of Engineers (India)’
‘Charter 1935’
7. There has been issued no further order or notification, either amendment or modification or repeal
or abrogation or destruction or deferment or suspension or abeyance order, pertinent this Royal
Charter, since its coming into force in India / Bharat
8. Fact remains that The Institution of Engineers (India) Charter 1935 is still in force of a law in
India/Bharat, which should be considered accordingly, by everyone & all citizens
SINGH 10
SINGH 11
E N G I N E E R I N G & I E I R O YA L C H A RT E R - B Y 12
INT PE SURAJ SINGH
 Engineering Profession in
India/Bharat
THE INSTITUTION OF ENGINEERS (INDIA)
IEI & its

ROYAL CHARTER 1935
Conference on Equivalent Statutory/Chartered Title
Chartered Engineer (India)

Its relevance to Laws in India/Bharat
E N G I N EERING & I EI RO YA L CH A RTER - BY 13
I N T P E S U RA J S I N G H
(Deliberation on IEI Charter 1935)
Quote
THE INSTITUTION OF ENGINEERS (INDIA)
ROYAL CHARTER
AT THE COURT AT BUCKINGHAM PALACE,
The 13th day of August 1935
PRESENT,
THE KING’S MOST EXCELLENT MAJESTY
IN COUNCIL
WHEREAS there was this day, read at the Board a Report of
a Committee of the Lords of His Majesty’s Most Honourable Privy
Council, dated the 1st day of August, 1935, in the words following, viz.
Comments
Reference to Order in Council respecting IEI Charter 1935
E N G I N E E R I N G & I E I R O YA L C H A RT E R - B Y 14
INT PE SURAJ SINGH
IEI Charter
“YOUR MAJESTY,
having been pleased, by Your Order
of the 21st day of February, 1935,
to refer unto this Committee
The humble Petition of
Sir Thomas Guthrie Russell,
President of the Institution of Engineers (India)
and others, praying for the grant of a
Charter of Incorporation
to the said Institution :
Comments ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
Reporting Reference to Order in Council respecting IEI Charter 1935 SINGH 15
IEI Charter
“THE LORDS OF THE COMMITTEE,
in obedience to Your
Majesty’s said Order of Reference,
have taken
the said Petition into consideration,
and do this day, agree humbly
to report, as their opinion, to Your Majesty, that a
Charter may be granted by Your Majesty
in terms of
the Draft hereunto annexed.”
SINGH 16
IEI Charter
HIS MAJESTY,
having taken into consideration the said
Report, and the Draft Charter accompanying it,
was pleased, by and with the advice of
His Privy Council,
to approve thereof, and to order,
as it is hereby ordered,
that the Most Honourable
the Marquess of Zetland,
one of His Majesty’s Principal Secretaries of State,
do cause a Warrant
to be prepared for His Majesty’s Royal Signature,
for passing under the Great Seal
a Charter in conformity
with the said Draft, which is hereunto annexed
Comments-
IEI Charter Act approval by HM The King of Empire & colonies including then India
SINGH 17
IEI Charter
George the Fifth, by the Grace of God of Great Britain, Ireland and the
British Dominions beyond the Seas, King,
Defender of the Faith, Emperor of India.
To all to whom these Presents shall come,
Greeting!
Whereas the Association or Institution
incorporated under the
Indian Companies Act, 1913,
and known as
the Institution of Engineers (India)
hath petitioned Us for a
Charter of Incorporation
such as, is in, and by these Presents granted :
AND WHEREAS,
We are minded to comply with the prayer of such Petition :
SINGH 18
IEI Charter
NOW THEREFORE,
We by virtue of Our Royal Prerogative
in that behalf, and of all other powers enabling
Us so to do,
of Our
special grace, certain knowledge and
mere motion do hereby, for Us,
Our Heirs and Successors,
will, grant, direct, appoint and
declare as follows :–
SINGH 19
IEI Charter Present/Article 1
The Persons, now Members of the said Association or Institution, known as the Institution of
Engineers (India) and all such persons, as may hereafter become Members of the Body
Corporate, hereby constituted pursuant to or by virtue of the powers granted by these
Presents, and their Successors, shall for ever hereafter (so long as they shall continue to be
such Members) be by virtue of these Presents one Body Corporate and Politic by the name
of “The Institution of Engineers (India)” and by the same name shall have perpetual
succession and a Common Seal, with power to break, alter and make a new, the said Seal
from time to time at their will and pleasure, and by the same name shall and may sue and be
sued in all Courts, and in all manners of actions and suits, and shall have power to do all
other matters and things, incidental or appertaining to a Body Corporate, including power to
take an hold personal property and power to purchase, take on lease and hold lands,
tenements or hereditaments or any interest in any lands, tenaments or hereditaments
whatsoever in Our Indian Empire for the purposes of the Institution and power to sell, let
on lease, alienate, or otherwise dispose of the same or any part thereof
Comments-
1. IEI is a body corporate & politic by IEI chartered constitution
2. What is BODY POLITIC?
 A term applied to a corporation, which is usually designated as a ‘body corporate & politic’.
 Term is particularly, appropriate to a public corporation invested with powers & duties of government.
 Term is often, used in a rather loose way to designate state or nation or sovereign power or government of a
country or municipality, without distinctly, connoting any express & individual corporate character
http://thelawdictionary.org/body-politic/#ixzz2kvCCdIs2
SINGH 20
The objects and purposes for which the
Institution of Engineers (India) (hereinafter
called “the Institution”) is hereby constituted are
to promote the general advancement of
engineering and engineering science and their
application in India and to facilitate the
exchange of information and ideas on those
subjects amongst the Members of and persons
attached to the Institution and otherwise, and for
that purpose
Comments- objective of IEI & its constitution defined on
21
Charter SINGH
IEI Charter
(a)
To promote and advance the science,
practice and business of Engineering in all
its branches (hereinafter referred to as
“Engineering”) in India.
Comments-
Business of engineering includes all activities within profession,
including applications pertinent total/complete engineering & its
products trade, managing relevant all controls, schemes,
planning/s, designs, contracts, bids management, works
prosecution, quality, safety, claims, completion, arbitration etc.
whatsoever, requirement, it would be demanded on whatever
22 SINGH
project
IEI Charter
(b)
To establish, subsidise, promote, form
and maintain local Associations of
members belonging to the Institution
and others engaged or interested in
Engineering so as to assure to each
individual member as far as may be
possible equal opportunity to enjoy the
rights and privileges of the Institution
SINGH 23
IEI Charter
(c)
To diffuse among its members information on all matters
affecting Engineering and to encourage, assist and extend
knowledge and information connected therewith by
establishment and promotion of lectures, discussions or
correspondence; by the holding of conferences; by the
publication of papers, periodicals or journals, books, circulars
and maps or other literary undertaking; by encouraging
research work; or by the formation of a library or libraries and
collection of models, designs, drawings, and other articles of
interest in connection with Engineering or otherwise
howsoever.
Comments- models, designs & drawings being part in
engineering, while others, being research & innovation
SINGH 24
IEI Charter
(d)
To promote the study of Engineering
with a view to disseminate the
information obtained for facilitating the
scientific and economic development of
Engineering in India.
Comments-
IEI is obliged to contribute to scientific &
economic development in India
SINGH 25
IEI Charter
(e)
To establish, acquire, carry on, control or
advise with regard to colleges, schools or
other educational establishments, where
students and apprentices may obtain a sound
education and training in Engineering on such
terms as may be settled by the Institution.
Comments-
IEI entrusted with to give total advice to GOI on
engineering education system
SINGH 26
IEI Charter
(f)
 To encourage, regulate and elevate the technical and
 general knowledge of persons engaged in or about to
 engage in Engineering or in any employment manual or otherwise in
connection therewith and
 with a view thereto to provide for the holding of classes and to test by
examination or otherwise the competence of such persons and
 to institute and establish professorships, studentships, scholarships,
rewards and other benefactions and
 to grant
 certificates of competency
 whether under any Act of the Government of India or Local
Governments regulating the conduct and qualifications of
Engineers or otherwise howsoever.
Comments-
Official certifications respecting engineers’ competency authorization has been
mandated to IEI under IEI Charter, which is a statutory function covered as ‘authority’
SINGH 27
IEI Charter
(g)
To give
1. the Government of India,
2. the Local Governments and
3. Municipalities and
4. other public bodies and others,
a. facilities for conferring with and ascertaining the views of
Engineers
b. as regards matters directly or indirectly affecting Engineering and
c. to confer with the said Governments, Municipalities and other
public bodies and others in regard to all matters affecting
Engineering.
Comments- IEI should be utilized by all constitutional & statutory

bodies/ agencies for relevant issues, but regretfully, that state of affair
has been in doldrum so far, since everybody ignored or condoned IEI
28
obligations & its statutory relevance SINGH
IEI Charter
(h)
1. To encourage inventions and
2. investigate and
3. make known
4. their nature and merits.
Comments-
too significant part on IEI Charter for applied
scientific development in India
SINGH 29
IEI Charter
(i)
 To arrange and promote the adoption of equitable
forms of contracts and other documents used in
Engineering and
 to encourage the settlement of disputes by
arbitration and
 to act as or nominate arbitrators and umpires on
such terms and in such cases as may seem
expedient.
Comments-
Contract formats based on equality basis, lead to no disputes
or to least disputes, while Arbitration/Conciliation route
minimises litigation time ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
SINGH 30
IEI Charter
(j)
 To promote efficiency and
 just and honourable dealing and
 to suppress malpractice in engineering.
Comments-
1. Corporate Member/Chartered Engineer has to
work on efficient basis
2. Must deal with honour & with engineering justice
3. Must combat corruption at all costs

SINGH 31
IEI Charter
(k)
To do all such other acts and things as are
incidental or conducive to the attainment of
the above objects or any of them.
Comments-
1. IEI has been charted to work out procedures & policies, so as to achieve chartered
objectives,
2. which means constitution of ‘application of engineering regulation’ that comes
under IEI ambit by virtue of IEI Charter mandate, empowering IEI as such, so to
do, to constitute engineering regulations
3. IEI got mandate to regulate engineers registration/ recognition, respecting relevant
competencies & defining limitations on permits respecting such competencies
4. IEI has also, been chartered to regulate requirements for conducting professional
practice & respective all other limits
5. Government agencies/bodies should refer such issues to IEI for reference
SINGH 32
With a view to the better attainment of the objects of the
Institution, the Institution shall use its best endeavours to
arrange (in so far as not already arranged) the sub-division of
India into areas and the establishment of local centres for the
members and others of the attached to the Institution, who
reside or are occupied in those areas and shall from time to
time, prescribe and when desirable, alter the boundaries of
such areas, which shall be regulated in such manner as the Bye
Laws for the time being of the Institution shall prescribe.
Comments-
1. IEI has already been operating foregoing provisions
2. All such centres have been excellently, successful obliging to
comply with IEI Chartered requirements to promote
engineering & its business
SINGH 33
1. The Institution shall not carry on any trade or business or
engage in any transaction with a view to the pecuniary gain or
profit of the Members thereof.
2. No Member shall have any personal claim on any property of
the Institution and no part of the income or property of the
Institution shall be paid or transferred directly or indirectly by
way of dividend or bonus or otherwise howsoever by way of
profit to the Members of the Institution except in the case of
and as a salaried officer of the Institution.
Comment-
1. IEI is a public authority constituted by incorporation of members,
who work in field under authority from IEI Charter to dispose
obligations
2. No IEI funds are shared by any corporate member
SINGH 34
There shall be a Council of the Institution consisting
of such number of members, with such qualifications,
and to be elected or constituted as such Members of
Council in such manner, and to hold office for such
period, and on such terms as to re-election and
otherwise, as the Bye-laws for the time being of the
Institution shall direct
Comments-
1. IEI council governs over provisions of Charter, bye
laws & regulations in all affairs
SINGH 35
Unless and until the Bye-laws for the time being of the
Institution shall otherwise direct –
(a) The Council at their last meeting prior to the annual
general meeting of the Institution in each year shall elect from
among their number a President for the ensuing year, and the
President so elected shall enter into his office at that ensuing
annual general meeting and shall be ex-officio a member of the
Council for the ensuing year;
(b) Of the members of the Council of the Institution, other
than the President, such number as shall coincide with the total
number of local centres for the time being of the Institution
shall be Vice-Presidents, and the said Vice Presidents shall be
the respective Chairmen for the time being of the several local
centres of the Institution ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
36 SINGH
The first President of the Institution shall be
Colonel Sir Thomas Guthrie Russell,
and the first Vice Presidents shall be Lieutenant
Colonel Alexander Irving Sleigh, V.D., Norman
Bruce Macbeth, Rao Bahadur Carnapati Vencata
Krishnaswamy Chetty,
Alexander Fordyce Harvey and Khan Bahadur
Mohammad Abdul Aziz.
Note-
Names pertinent defined members/petitioners have
been omitted on this slide for brevity
SINGH 37
IEI Charter
The said President, Vice Presidents and
Members of the Council shall respectively hold
office as such until the due election and coming
into office of their successors in accordance with
the Bye-laws of the Institution, but shall be
respectively eligible, subject to such Bye-laws,
for re-election if otherwise qualified.
Comments
Formal procedures respecting holding of IEI offices,
defined within charter, in line to provisions on Charter
& bye laws
SINGH 38
1. The Institution shall have such Officers, with such
functions, tenure and terms of office as the Bye-
laws of the Institution may prescribe, and such
other Officers and Servants as the Council of the
Institution may from time to time appoint.
2. The first Secretary of the Institution shall be
Chaitanya Chand Seal.
Comments
1. Directions about terms of holding IEI office bearers as
well as regular employees
2. Also, first secretary named therein

SINGH 39
The Government and Control of the Institution
and its affairs shall be vested in the Council
subject to the provisions of these Presents and
to the Bye-laws for the time being of the
Institution.
The business of the Council shall be conducted
in such manner as the Council may from time to
time prescribe
Comments-
IEI Council is IEI functional government for conducting
its controls ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
SINGH 40
All the powers of the Institution shall be
vested in and exercisable by the Council
except, so far as the same are by these
Presents or by the Bye-laws for the time
being of the Institution, expressly required
to be exercised by the Institution in general
meeting
Comments-
IEI councils reports about all its affairs to IEI General
body in AGM ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
41 SINGH
Unless and until the Bye-laws of the Institution shall
otherwise provide, there shall be five classes of Members of the Institution termed
respectively
 Honorary Life Members, Honorary Members,
 Members,
 Associate Members and
 Companions,
of whom the Members and Associate Members shall be known as
 Corporate Members
and Honorary Life Members, Honorary Members and Companions shall be known as
 Non-corporate Members.
The Members of the said existing Association or Institution known as the Institution of
Engineers (India), who by virtue of these Presents, become Members of the Institution
shall be deemed to have entered the Institution, as Members of the same class, as that to
which they belonged in the said existing Association or Institution.
Comments
Charter defines various classes of membership, IEI would enrol or register at its
initiation as chartered body, which membership classes may be amended, added or
modified to meet future requirements, to be effected by IEI council & general body of
IEI ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
SINGH 42
 Unless and until, the Bye-laws of the Institution shall
otherwise provide,
 the Institution may attach to itself students, associates and
subscribers,
 which expressions shall have the meanings respectively,
assigned to them by the Articles of Association and Bye-
laws of the existing Association or Institution, known as
the Institution of Engineers (India).
 The students, associates and subscribers, attached to the
said existing Association or Institution shall be deemed to
be attached similarly, to the Institution.
Comments
Charter explicitly defines, respecting students & associates to be
attached to IEI for informal engineering studies
SINGH 43
The qualifications, method and terms of
admission, privileges, and obligations, including
liability to expulsion or
suspension of Members of each of the said five
classes respectively shall be such as the Bye-
laws for the time being of the Institution shall
direct.
Comments
IEI Charter empowers IEI to define criteria pertinent
admissions & expulsion to various membership
classes ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
44 SINGH
The Council shall alone have power to decide
conclusively, respecting each person proposed
for or seeking admission to any class of
membership of the Institution, whether he has or
has not fulfilled, such conditions, as are
applicable to his case.
Comments
IEI Charter empowers council to adjudicate
decision on election of membership to IEI, in line
to meeting IEI defined criteria
SINGH 45
A Member of the Institution shall be entitled to the
 exclusive use
after his name of the abbreviated designation
 “M.I.E.(Ind.)”;
an Associate Member of the abbreviated designation
 “A.M.I.E. (Ind.)”;
a Companion of the abbreviated designation
 “Comp.I.E. (Ind.)”;
an Honorary Life Member of the abbreviated designation
 “Hon. Life M.I.E. (Ind.)”;
and an Honorary Member of the abbreviated designation
 “Hon. M.I.E. (Ind.)”.
Comment-
1. An exclusive use of designation is significant herein, which does not require any member
using any academic / education qualification after name, but IEI designation alone /
exclusively
2. FIE (Ind.) grade added later by operation of bye laws amendment 1974
3. Professional Engineer (India) elite certification ,added later in 1995
4. International Professional Engineer (India) elite certification, empowered by international
agreement IPEA around 2010/2011 ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
46
SINGH
 Every person being at any time,
 a Corporate member of the Institution
 may so long as he shall be a Corporate Member
take or use the name or title of
“Chartered Engineer (India)”
Comments-
1. Presently, to become whatever grade Chartered Engineer, an applicant
requires to be on roll, as life corporate member of IEI
2. All corporate members, namely AMIE/MIE/FIE are authorized to use style
& title Chartered Engineer (India) as criteria defined above
3. Use of this title is drawn from enshrined power within IEI, post 1947
deemed Presidential Charter, since HE President of India has replaced HM
Royal King of UK ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
SINGH 47
 The meetings of the Institution
 shall be of such classes and
 shall be held for such purposes,
 as may from time to time, be prescribed by the Bye-laws of
the Institution and
 the rights of the several classes of members and
 of persons attached to the Institution of attending and
voting at the said meetings
 shall be such or subject to such restrictions,
 as may be so prescribed.
Comments-
Meetings are conducted by all centres as well as, by head office
regularly, to meet & effect required IEI management purpose, as defined
within IEI Charter
SINGH 48
 The Corporate Members or the majority of such Members, present in person or by proxy and
voting at any duly convened General Meeting of the Corporate Members, with respect to
which, notice shall have been given of the matters to be taken into consideration thereat, shall
have power from time to time to make
 such Bye-laws of the Institution, as to them shall seem requisite and convenient for the
regulation, government and advantage of the Institution, its members and property and for the
furtherance of the objects and purposes of the Institution and
 from time to time to revoke, alter or amend any Bye-law or Bye-laws theretofore made, so
that the same shall be reasonable and not repugnant to these Presents or
 to the Laws and Statutes of India :
 Provided that no such Bye-law, revocation, alteration or amendment shall take effect, until the
same has been allowed by the Lords of Our Privy Council,
 of which allowance a Certificate under the hand of the Clerk of Our Privy Council shall be
conclusive evidence.
Comments-
1. IEI corporate members have been authorised to legislate laws & bye laws/ regulation under this charter
to achieve its objectives
2. Approval by privy council is not required, since post 1947, this provision does not apply, while no
amendment or modification had been effected by then hon’ble President of India, under Constitution of
India article 372 & 372A, pertinent Existing Laws continuance, which renders this provision to get
allowance from Privy Council void, when fact remains that Privy Council does not exist in India/Bharat
& this reference was not replaced by HE President of India, within constitutional prescribed limit for
existing laws adaptation or modification ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
SINGH 49
 The first Bye-laws to be made under these Presents shall be
made by the Corporate Members of the Institution, within
the period of twelve months from the date of these
Presents,
 unless the Lords of Our Privy Council shall see fit to
extend such period,
 of which extension the Certificate of the Clerk of Our Privy
Council shall be conclusive evidence.
Comments-
1. Previous present’s comments do apply herein as well
2. Privy council does not exist within Constitution of India
provisions, rendering this mandate void post 1947
3. Virtually, IEI General Body has replaced approval by Privy
Council ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
SINGH 50
 Pending the making and approval of the Bye-laws to be made
under these Presents but no longer,
 the Articles of Association of the said existing Association or
Institution known as the Institution of Engineers (India) and
Bye-laws thereof shall be the Bye-laws of the Institution and
 shall have effect as though the Institution, its Officers and
Members, had therein been referred to throughout
 In lieu of the said existing Association or Institution, its Officers
and Members
Comments-
Transition provision only, from its an ordinary registered status as a
company, under then Company Act status, to an elite royal corporation
status upgrade, due to IEI incorporation by Royal Charter 1935 Act,
which is equivalent constitutional / statutory / Chartered status
SINGH 51
 The property and moneys of the said existing Association
or Institution known as
 the Institution of Engineers (India), (including the
property and moneys (if any), held by them as trustees
shall from the date of these Presents become and be
deemed to be the property and moneys of the Institution,
 and shall, as soon as may be, be formally transferred to
the Institution or such person or persons on its behalf as
the Bye-laws may prescribe.
Comments-
Previous present’s comments do apply herein as well, to comply
with transition purpose from a registered to a royal upgrade
status
SINGH 52
 And We do hereby, for Us, Our Heirs and Successors Grant and
 Declare that these Our Letters Patent, or the enrolment or
exemplification thereof,
 shall be in all things good, firm, valid and effectual, according to the true
intent and meaning of the same, and
 shall be taken, construed and adjudged in all Our Courts or elsewhere in
the most favourable and beneficial sense and
 for the best advantage of the said Institution, any mis-recital, non-recital,
omission, defect, imperfection, matter or thing whatsoever notwithstanding.
Comments-
1. All provisions including designation Chartered Engineer (India) are valid
throughout India / Bharat
2. Power/responsibilities/objectives/purpose to apply engineering in India is
also, valid for IEI members in line to abide by other Indian laws & codes
3. No government or statutory agency should object to such constitutional/
statutory/chartered special rights to IEI Members
SINGH 53
IEI Charter
In Witness whereof,
We have caused these
Our Letters to be made Patent
Witness Our self at Westminster,
the ninth day of September in the twenty-
sixth year of Our Reign.
B y Wa r r a n t
under the King’s Sign Manual.
SEAL
E N G I N E E R I N G & I E I R O YA L C H A RT E R - B Y I N T P E S U R A J 54
Unquote SINGH
Dear Audience/Distinguished Participants
 Thanks for your kind attention &
patience for participation during IEI
Charter Deliberations
 Expected that IEI Royal Charter 1935 is
now clear to those, who have participated
 References from ‘Constitution of India’
shall now be deliberated briefly
Thanks once again / Dhanyevaad
Jai Bharat
SINGH 55
IEI Royal Charter 1935
इां स्टीटू शन ऑफ़ इां जीनीसम (इां भिय ) रॉयल च टम र १९३५
Deliberations
वि चा र वि वि म य
in relevance to
स म्बं वि त
Constitution of India
( ि र ती य स भवां ि न )
SINGH 56
FUNDAMENTAL RIGHTS
General
Constitution of India Article 12
In this Part, unless the context otherwise requires, “the State’’ includes the Government and
Parliament of India and the Government and the Legislature of each of the States and all local or
other authorities within the territory of India or under the control of the Government of India.
Comments
1. Foregoing fundamental right article defining ‘State’ is very significant in present context,
2. Since this provision defines ‘State’, it should be considered as follows
3. The Institution of Engineers (India) has been empowered by a Royal Charter since 1935, which is classified as a constitutional document, as
devised & ordered by then HM UK Empire King Under Royal prerogative & all other powers conferred on HM king
4. This piece of documented Public Law/Act, authorizes this body IEI in capacity as ‘Other Authority’ in India/ Bharat, leading to achieve Status of
State, though not covered under funding & direct control by Government of India, since it is self financing institute & governs self, as well being
autonomous, while it serves important functions pertinent Indian society, by qualifying students, as engineering equivalent degree graduates
5. Since it is a part of India as an Equivalent/Extended State, IEI becomes chartered/equivalent statutory body based on its empowerment by Royal
Charter 1935, an Royal Authority/Act of incorporation, which means that IEI is an equivalent statutory corporation functioning in India to effect
state delegated statutory functions, such as certifying Chartered Engineers(India) on behalf of Republic of India/Bharat, as well as regulating
Engineering on similar behalf in India/Bharat
6. Which also, means that each authority or functionary included within all letter patents on its warrant, are statutory or chartered in legal nature &
are ‘Alternate Authorities’ to function in India, since IEI has been designated as body corporate & politic
7. All chartered engineers & corporate members etc. should be deemed authorised by hon’ble President of India, for purpose of evaluating or
calculating power on described designation
8. All official/officers/authorities should regard that & extend that value to all such practicing Chartered Engineers(India), avoiding contradiction
between authority’s arbitrary imposed local law/s & provisions within constitution of India as well as, provisions within this IEI Charter 1935
9. Pertinent construction of this Article 12, cumulative effect of all following factors has to be seen for testing criteria: Judicial Procedure,
which requires only, one factor to be proven for its application to designate body corporate a State under Article 12 of COI
a. “If entire share capital of corporation is held by government, it would go a long way towards indicating that corporation is an instrumentality or
agency of government.”
b. Existence of “deep and pervasive State control may afford an indication that Corporation is a State agency or instrumentality.”
c. “It may also be a relevant factor, whether corporation enjoys monopoly status, which is whether State conferred or State protected.”
d. “If the functions of corporation are of public importance and closely related to governmental functions, it would be a relevant factor in
classifying corporation as an instrumentality or agency of government.” (this test factor successfully, applies on to IEI to be government agency)
e. “Specifically, if a department of government is transferred to a corporation, it would be a strong factor supportive of this inference” of corporation
being an instrumentality or agency of government. ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ 57
Refe for comment 9 http://www.du.ac.in/fileadmin/DU/Academics/course_material/2012/5112_Law_4_ConstitutionalLaw.pdfTests to decide which “other authorities” could be considered asagencies or instrumentalities of state SINGH
Fundamental Rights- General-Laws
(1) All laws in force in the territory of India immediately, before the commencement of this
Constitution, in so far as they are inconsistent with the provisions of this Part shall to the extent of such
inconsistency, be void.
(2) The State shall not make any law, which takes away or abridges the rights conferred by this
Part and any law made in contravention of this clause shall, to the extent of the contravention, be
void.
(3) In this article, unless the context otherwise requires,—
(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage
having in the territory of India the force of law;
(b) “laws in force” includes laws passed or made by a Legislature or other competent authority in the
territory of India before the commencement of this Constitution and not previously repealed,
notwithstanding that any such law or any part thereof may not be then in operation either at all or in
particular areas.
1[(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.]
Right to Equality
The State shall not deny to any person equality before the law or the equal protection of the laws,
within the territory of India.
Comments-
Authorities in India/Bharat should take statutory note of IEI/Chartered Engineer(India) on similar
acceptance, as statutory note taken on designation of Architect registered with Council of Architects,
under Architect Act 1972
SINGH 58
(1) No title, not being a military or academic
distinction, shall be conferred by the State.
(2) No citizen of India shall accept any title from any
foreign State
Comments-
Recognized Titles
1. Chartered engineer (India)
2. Corporate Membership designations FIE/MIE/AMIE
3. Professional Engineer (India)
4. International Professional Engineer (India) &
5. Other such statutory designations are covered under
this provision
SINGH 59
Right to Freedom
Constitution of India Article 19 (1) All citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory
of India; 1[and]
(g) to practise any profession, or to carry on any occupation, trade or business.
3[(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from
making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the
said sub-clause in the interests of [the sovereignty and integrity of India,] the security of the State, friendly relations
with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to
an offence.]
(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes,
or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on
the exercise of the right conferred by the said sub-clause, and, in particular, [nothing in the said sub-clause shall
affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating
to,—
(i) the professional or technical qualifications necessary for practising any profession or carrying on any
occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the
State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or
otherwise].
Comments-
Provision in Article 19 (g) empowers, whoever person, duly qualified so to practice profession, but by not allowing
Chartered Engineer (India) to freely practice profession, is confirmed violation of this provision, that causes
impediment to Right to Freedom of qualified professional person, being IEI Certified Chartered Engineer
SINGH 60
PART IVA
FUNDAMENTAL DUTIES
Constitution of India Article 51A
It shall be the duty of every citizen of India—
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious,
linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to
higher levels of endeavour and achievement;
(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward
between the age of six and
Comments-
1. It should be noted that foregoing article that had been added during internal emergency, applies to all citizens
on this nation Bharat/ India
2. This article clearly envisages & emphasizes that every citizen is bound to comply with provisions made within
this article
3. Provision ‘a’ clearly states that all to abide by the Constitution and respect its ideals and institutions
4. IEI is an Institution of India in India/Bharat, which must be regarded to its statutory or charted powers

SINGH 61
(1) The executive power of the Union shall be vested in the President and shall
be exercised by him either directly or through officers subordinate to him in
accordance with this Constitution.
(2) Without prejudice to the generality of the foregoing provision, the supreme
command of the
Defense Forces of the Union shall be vested in the President and the exercise
thereof shall be regulated by law.
(3) Nothing in this article shall—
(a) be deemed to transfer to the President any functions conferred by any
existing law on the
Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on authorities other
than the President
Comments
The engineering executive functions of the union, in accordance with the Royal
Charter provisions or presents/articles have been vested in the IEI, now deemed
to be, constituted by the people of the Republic of Indian Union, w.e.f 26.11.49
SINGH 62
Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any
other court,
have original jurisdiction in any dispute—
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more other
States on the other; or
(c) between two or more States, if and in so far as the dispute involves any question (whether of
law or fact) on which the existence or extent of a legal right depends:[Provided that the said
jurisdiction shall not extend
to a dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar
instrument which,
having been entered into or executed before the commencement of this Constitution, continues in
operation
after such commencement, or which provides that the said jurisdiction shall not extend to such a
dispute]
Comments
Provides teeth with the IEI to exercise the powers of the engineering professional apex court of
the state India, subject to the provisions of article 138 of enlargement of Supreme Court
Jurisdiction & article 140 together, for purposes & objectives possibly, effecting Indian
engineering, research, applications of engineering, education, professional regulation etc.
whatsoever, values included within Charter presents
SINGH 63
In this Chapter and in Chapter V of Part VI, references to any substantial
question of law as to the interpretation of this Constitution shall be construed as
including references to any substantial question of law as to the interpretation
of the Government of India Act, 1935 (including any enactment amending or
supplementing that Act), or of any Order in Council or order made thereunder,
or of the Indian Independence Act, 1947, or of any order made thereunder.
Comments
1. This applies to IEI also, IEI Charter 1935, is a constitutional statute, sealed
as warrant in propriety, as letters patent
2. Which means that no other institution or body, statutorily, may perform
similar specialist engineering legal function/s, enshrined within IEI Charter
1935
3. Whatever membership designations, titles, abbreviations, authority, officials
etc. all should be considered statutory references, as mandated by relevant
article or present within IEI Charter 1935, in line to Indian constitutional
provisions or mandate
SINGH 64
Constitution of India Article 243W
Subject to the provisions of this Constitution, the Legislature of a State may, by law,
endow—
(a) the Municipalities with such powers and authority, as may be necessary to enable them to
function, as institutions of self-government and such law may contain provisions for the
devolution of powers and responsibilities upon Municipalities, subject to such conditions, as
may be specified therein,
Disqualifications for membership.
Powers, authority and responsibilities of Municipalities, etc.
Comments-
1. This provision also, does not direct or suggest for authorizing all such bodies to conduct
deciding & implementing engineering professionals’ competencies or to conduct
registration of engineers or whatever essential or required matters or issues connected
therewith
2. Therefore, it is advised & suggested that on an exclusive basis, only IEI should be
involved in authorising engineers for certification of competencies & regulation of
engineering profession, for mandating decision over competencies & deciding scope
pertinent professional practice that Chartered Engineer (India) may own or oblige
with, while carrying out professional engineering activities in whatever manner
3. Since IEI is a specialist professional body, contained with, almost all disciplines
pertinent engineering profession, should mandate engineering profession acts
SINGH 65
THE CONSTITUTION OF INDIA
(Part IXA.—The Municipalities.—Arts. 243U—243W.) 143 with respect to
(i) the preparation of plans for economic development and social justice;
(ii) the performance of functions and the implementation of schemes as may be entrusted
to them including those in relation to the matters listed in the Twelfth Schedule;
Comments-
1. Schedule 12 included within Constitution of India, clearly states that there exists no
such statutory provision that allows, either municipalities or local bodies or state
authorities, to operate engineering regulation & registration pertinent engineers
2. This means that all registrations conducted by all such bodies do not refer to any
statutory provision, as required under mandate of Constitution of India to protect
adverse impact on fundamental right of professional engineering citizen or others
3. Demanding prospective practicing engineer to apply for registration with concerned
agency or municipality or authority, amounts to condemnable arbitrary application of
undefined law, which conduct of such agency is certainly unconstitutional
4. Fact remains that no authority in India/ Bharat has gotten any mandate to demand or
instruct for certain act, without referring to provisions of related applicable law
5. Conclusion is that regulation of engineers & respective professional competencies do
not fall within statutory powers, conferred on all such bodies or authorities, except
chartered powers & authority , enjoyed by IEI by virtue of its royal charter 1935
SINGH 66
TWELFTH SCHEDULE
Constitution of India (Article 243W)
1. Urban planning including town planning.
2. Regulation of land-use and construction of buildings.
3. Planning for economic and social development.
4. Roads and bridges.
5. Water supply for domestic, industrial and commercial purposes.
6. Public health, sanitation conservancy and solid waste management.
7. Fire services.
8. Urban forestry, protection of the environment and promotion of ecological aspects.
9. Safeguarding the interests of weaker sections of society, including the handicapped and
mentally retarded.
10. Slum improvement and up-gradation.
11. Urban poverty alleviation.
12. Provision of urban amenities and facilities such as parks, gardens, playgrounds.
13. Promotion of cultural, educational and aesthetic aspects.
14. Burials and burial grounds; cremations, cremation grounds; and electric crematoriums.
15. Cattle pounds; prevention of cruelty to animals.
16. Vital statistics including registration of births and deaths.
17. Public amenities including street lighting, parking lots, bus stops and public conveniences.
18. Regulation of slaughter houses and tanneries.]
Comments- Constitution of India Schedule 12, explicitly confirms that regulation of Engineers
does not come in its ambit/ mandate ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
SINGH 67
(1) If any provision of a law made by the Legislature of a State is repugnant to any
provision of a law made by Parliament, which Parliament is competent to enact, or to
any provision of an existing law, with respect to one of the matters enumerated in the
Concurrent List, then, subject to the provisions of clause (2), the law made by
Parliament, whether passed before or after the law made by the Legislature of such
State, or, as the case may be, the existing law, shall prevail and the law made by the
Legislature of the State shall, to the extent of the repugnancy, be void.
(2) Where a law made by the Legislature of a State with respect to one of the matters
enumerated in the Concurrent List contains any provision repugnant to the provisions of
an earlier law made by Parliament or an existing law with respect to that matter, then,
the law so made by the Legislature of such State shall, if it has been reserved for the
consideration of the President and has received his assent, prevail in that State:
Provided that nothing in this clause shall prevent Parliament from enacting at any time
any law with respect to the same matter including a law adding to, amending, varying
or repealing the law so made by the Legislature of the State.
Comments
This article automatically repeals all (void) state legislature/Municipal bye laws for regulation of engineers
& engineering professional competencies & all other matters, due to provisions already incorporated within
IEI Royal Charter 1935, now implied as IEI Constitutional Charter of India, which must be referred to when
considering all such issues
SINGH 68
261. (1) Full faith and credit shall be given throughout the territory of India to public
acts, records and judicial proceedings of the Union and of every State.
Comments
1. All IEI functions covered under this provision
2. Full faith & credit should be given to this Public Act
3. All government agencies & bodies should take a note of this provision & apply
accordingly, while dealing within engineering professional or business activities

(10) “existing law” means any law, Ordinance, order, bye-law, rule or regulation
passed or made before the commencement of this Constitution by any Legislature,
authority or person having power to make such a law, Ordinance, order, bye-law, rule
or regulation;
Comments
1. IEI Royal Charter covered under this provision
2. IEI charter 1935 had been ordered by HM King George, fifth, & therefore is an
Order in Council by a King, which Order, is covered very well within definition of
Law as referred above in COI Article 366
3. Since it has been a part on existingE Nlaw, it has to be recognized as a law unto itself
GINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
SINGH 69
(1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to
any adaptations and modifications that may be made therein under article 372, apply for
the interpretation of this Constitution, as it applies for the interpretation of an Act of the
Legislature of the Dominion of India.
(2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to
Acts or laws of, or made by, the Legislature of a State, shall be construed, as including a
reference to an Ordinance made by the President or, to an Ordinance made by a
Governor, as the case may be.
Comments-
1. It should be noted that construction or relevant interpretation, pertinent contained
specific clauses or words or articles etc. are taken into considerations by law courts,
in line to provisions made within General Clauses Act, as indicated in foregoing
constitutional article, in addition to definitions included within recognized dictionary
2. IEI Royal Charter 1935 is a piece of valid law in India since 1935, being a reference
3. Therefore, whatever references included within this piece of law, should be adopted in
line to provisions defined in article 367 (2) in foregoing
4. Which means that designation or title Chartered Engineer(India) holds good as
reference under constitutional article 367 (2)
5. Corporate Membership, such as FIE/MIE/AMIE etc. hold good as references
SINGH 70
Constitution of India Article 372.
(1) Notwithstanding the repeal by this Constitution of the enactments referred to in article 395, but subject to the other
provisions of this Constitution, all the laws in force in the territory of India immediately before the commencement of
this Constitution shall continue in force therein, until altered or repealed or amended by a competent Legislature or
other competent authority.
(2 For the purpose of brining the provisions of any law in force in the territory of India into accord with the provisions of this
Constitution, the President may by order, make such adaptations and modifications of such law, whether by way of repeal or
amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the
order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be
questioned in any court of law.
(3) Nothing in clause (2) shall be deemed—
(a) to empower the President to make any adaptation or modification of any law, after the expiration of [three years] from the
commencement of this Constitution; or
(b) to prevent any competent Legislature or other competent authority from repealing or amending any law, adapted or
modified by the President under the said clause.
Explanation I.—The expression “law in force” in this article shall include a law passed or made by a Legislature
or other competent authority in the territory of India before the commencement of this Constitution and not
previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular
areas.
Explanation II.—Any law passed or made by a Legislature or other competent authority in the territory of India, which
immediately before the commencement of this Constitution had extra-territorial effect as well as, effect in the territory of
India shall, subject to any such adaptations and modifications as aforesaid, continue to have such extra-territorial effect.
Comments-
1. Very first HE President of India had been entrusted with constitutional privilege/an opportunity to either modify or
repeal or defer or destruct, whatever existing laws, including IEI Charter 1935, within a prescribed number of years,
but HE POI deemed to elect continuance of this IEI Charter 1935, without inserting any amendment or modification or
effecting any annulment thereof, within Indian Legal Framework
2. Such state respecting this Existing law empowers its full existence & legal effect, without any kind of impediment on
provisions of its operations, until IEI Charter 1935 is either repealed or amended by Parliament of India/Bharat
SINGH 71
Constitution of India Article 372A.
(1) For the purposes of bringing the provisions of any law in force in India or in any
part thereof, immediately before the commencement of the Constitution (Seventh
Amendment) Act, 1956, into accord with the provisions of this Constitution as amended
by that Act, the President may by order made before the first day of November, 1957,
make such adaptations and modifications of the law, whether by way of repeal or
amendment, as may be necessary or expedient, and provide that the law shall, as from
such date as may be specified in the order, have effect subject to the adaptations and
modifications so made, and any such adaptation or modification shall not be questioned
in any court of law.
(2) Nothing in clause (1) shall be deemed to prevent a competent Legislature or other
competent authority from repealing or amending any law adapted or modified by the
President under the said clause.]
Comments-
1. Foregoing article explicitly empowered then hon’ble/HE President of India/ Bharat
to either modify, or repeal, whatever laws existed, prior to notification of
Independence of India
2. It is added that The Institution of Engineers (India) Royal Charter, being an Order
in Privy Council by then King George 5th, had been recorded as enactment as a
piece of Law, duly covered under ‘definition of Law’ as included, within chapter
‘Fundamental Rights article 13 COIE N G I N E E R I N G & I E I R O Y A L C H A R T E R - B Y I N T P E S U R A J 72
SINGH
 All courts of civil, criminal and revenue jurisdiction,
 all authorities and
 all officers,
 judicial,
 executive and ministerial,
 throughout the territory of India,
 shall continue to exercise their respective functions
 subject to the provisions of this Constitution.
Comments
1. IEI being an Authority is covered under this provision too.
2. IEI has been continuing implementing its chartered functions post
1947 & still effecting its requirements successfully
3. No other authority should create any impediment on IEI ways for
obliging its Chartered objectives
SINGH 73
Constitution of India Article 395.
 The Indian Independence Act, 1947,
 and the Government of India Act, 1935,
 together with all enactments amending or supplementing the latter
Act, but not including the Abolition of Privy Council Jurisdiction Act,
1949, are hereby repealed.
Comments-
1. When constitution of India had been effected, previous Indian
Independence Act 1947 as well as, Government of India Act 1935 had
been repealed
2. These Acts were not required due to fact that Constitution of India had
become Supreme Act/Statute for India Bharat, to constitute it as ‘a
self governing ‘nation
3. All other Acts & Statutes then started coming out, for meeting &
complying with, in line to provisions made within, whatever articles &
sub articles, contained or included within COI
SINGH 74
Indian Evidence Act 1872
भारतीय सबूत वियम १८७२
Relevant Deliberations
सम्बंवित विचार विविमय
Applicable to IEI Charter
इं स्टीटू शि ऑफ़ इं जीिीसस चाटस र पर लागू

SINGH 75
Indian Evidence Act Section 56
Fact judicially noticeable need not be proved. No fact of which the Court will take judicial notice need be proved.
Facts of which Court must take judicial notice.
The Court shall take judicial notice of the following facts:--
1) All laws in force in the territory of India;
2) All public Acts passed or hereafter to be passed by Parliament [of the United Kingdom], and all local and personal Acts directed by
Parliament [of the United Kingdom] to be judicially noticed;
3) Articles of War for [the Indian] Army [Navy or Air Force];
4) The course of proceeding of Parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the
legislatures established under any laws for the time being in force in a Province or in the States;
(5) The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland:
(6) All seals of which English Courts take judicial notice;
the seals of all the [Courts in [India]] and of all Courts out of [India] established by the authority of [the Central Government or the Crown
Representative]:
the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorized to use by [the
Constitution or an Act of Parliament of the United Kingdom or an] Act or Regulation having the force of law in [India];
7) The accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in any State, if
the fact of their appointment to such office is notified in [any Official Gazette];
8) The existence, title and national flag of every State or Sovereign recognized by [the Government of India];
(9) The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette;
(10) The territories under the dominion of [the Government of India];
(11) The commencement, continuance and termination of hostilities between [the Government of India] and any other State or body of
persons;
(12) The names of the members and officers of the Court and of their deputies and subordinate offices and assistants, and also of all officers
acting in execution of its process, and of all advocates, attorneys, proctors, vakils, pleaders and other persons authorized by law to appear or
act before it;
(13) The rule of the road [on land or at sea].
In all these cases and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or
documents of reference.
If the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so, unless and until, such person produces any
such book or document, as it may consider necessary to enable it to do so.
SINGH 76
 Facts admitted need not be proved.
1. No fact need be proved in any proceeding, which the parties thereto, their
agents, agree to admit at the hearing,
2. or which, before the hearing, they agree to admit by any writing under their
hands, or which by any rule of pleading in force at the time, they are deemed to
have admitted by their pleadings:
3. Provided that the Court may, in its discretion, require the facts admitted to be
proved otherwise than by such admissions.

Public documents.
 The following documents are public documents:
(1) documents forming the acts or records of the acts
(i) of the sovereign authority.
(ii) of official bodies and tribunals, and
(iii) of public officers, legislative, judicial and executive, [of any part of India or of
the Common-wealth], or of a foreign country;
(2) public records kept [in any State] of private documents.
SINGH 77
Proof of other official documents.
The following public documents may be proved as follows:
(1) Acts, orders or notifications of [the Central Government] in any of its departments,
[or of the Crown Representative] or of any State Government or any department of any
State Government by the records of the departments, certified by the heads of those
departments respectively,
or by any document purporting to be printed by order of any such Government [or, as
the case may be, of the Crown Representative];
(2) the proceedings of the Legislatures, by the journals of those bodies respectively, or
by published Acts or abstracts, or by copies purporting to be printed [by order of the
Government concerned];
(3) proclamations, orders or regulations issued by Her Majesty or by the Privy Council,
or by any department of Her Majesty's Government,
by copies or extracts contained in the London Gazette, or purporting to be printed by
the Queen's Printer;
(4) the Acts of the Executive or the proceedings of the Legislature of a foreign country,-
by journals published by their authority, or commonly received in that country as such,
or by a copy certified under the seal of the country or sovereign, or by a recognition
thereof in some [Central Act]:
SINGH 78
 Presumption as to Gazettes, newspapers, private Acts of Parliament and other
documents.
The Court shall presume the genuineness of every document purporting to be the
London Gazette or [any Official Gazette, or the Government Gazette] of any
colony, dependency or possession of the British Crown, or to be a newspaper or
journal, or to be a copy of a private Act of Parliament [of the United Kingdom]
printed by the Queen's Printer and of every document purporting to be a document
directed by any law to be kept by any person, if such document is kept substantially
in the form required by law and is produced from proper custody.

 Presumption as to documents thirty years old.
Where any document, purporting or proved to be thirty years old, is produced
from any custody, which the Court in the particular case, considers proper, the
Court may presume that the signature and every other part of such document,
which purports to be in the handwriting of any particular person, is in that person's
handwriting, and, in the case of a document executed or attested, that it was duly
executed and attested by the persons by whom it purports to be executed and
attested. ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ 79
SINGH
Indian Panel Code 1860
भारतीय दं ड सविता १८६०
Relevant Deliberations
सम्बंवित विचार विविमय
Sections Applicable pertinent
IEI Charter 1935
िाराये इं स्टीटू शि ऑफ़ इं जीिीसस चाटस र सम्बंवित
SINGH 80
IPC Section 19 "Judge"
 The word "Judge" denotes not only every person, who is
officially, designated as a Judge,
 but also, every person, who is empowered by law to give, in
any legal proceeding, civil or criminal, a definitive judgment,
 or a judgment, which if not appealed against, would be
definitive,
 or a judgment which is confirmed by some other authority,
would be definitive,
 or who is one of a body of persons, which body of persons is
empowered by law, to give such a judgment.
Comments
1. Position of judge has been defined for various situations
2. Being a corporate member, person may be required to arrive at certain
judgment, which purpose designates person as ‘judge’
3. Corporate member may have to act in capacity an Arbitrator, which means
a ‘judge’ SINGH 81
IPC Section 21 "Public Servant"
The words "public servant' denote a person falling under any of the descriptions hereinafter
following; namely:-
Second-
Every Commissioned Officer in the Military, [Naval or Air] Forces [of India];
Third-
Every Judge including any person, empowered by law to discharge, whether by himself or as a
member of any body of persons, any adjudicatory functions;
Fourth-
Every officer of a Court of Justice (including a liquidator, receiver or commissioner), whose duty,
it is as such officer, to investigate or report on any matter of law or fact, or to make, authenticate,
or keep any document, or to take charge or dispose of any property, or to execute any judicial
process, or to administer any oath, or to interpret, or to preserve order in the Court, and every
person specially authorized by a Court of Justice to perform any of such duties;
Fifth –
Every juryman, assessor, or member of a panchayat, assisting a Court of Justice or public servant;
Sixth-
Every arbitrator or other person to whom any cause or matter has been referred for decision or
report by any Court of Justice, or by any other competent public authority;

SINGH 82
IPC Section 21. "Public Servant“ continued
Seventh-
Every person, who holds any office, by virtue of which, he is empowered to place or keep any
person in confinement;
Eighth-
Every officer of [the Government] whose duty it is, as such officer, to prevent offences, to give
information of offences, to bring offenders to justice, or to protect the public health, safety or
convenience;
Ninth-
Every officer, whose duty it is, as such officer, to take, receive, keep or. expend any property on
behalf of the Government, or to make any survey, assessment or contract on behalf of the
Government, or to execute any revenue process, or to investigate, or to report, on any matter
affecting the pecuniary interests of [the Government], or to make, authenticate or keep any
document relating to the pecuniary interests of the Government, or to prevent the infraction of
any law for the protection of the pecuniary interests of the Government;
Tenth-
Every officer, whose duty it is, as such officer, to take, receive, keep or expend any property, to
make any survey or assessment or to levy any rate or tax for any such common purpose of any
village, town or district, or to make, authenticate or keep any document for the ascertaining of the
rights of the people of any village, town or district;
SINGH 83
IPC Section 21 "Public Servant“ continued
Eleventh-
Every person, who holds any office in virtue of which, he is empowered to prepare, publish, maintain
or revise an electoral roll or to conduct an election or part of an election;
Twelfth-
Every person-
(a) in the service or pay of the Government or remunerated by fees or commission for the performance
of any public duty by the Government;
(b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial
or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of
1956).]
STATE AMENDMENT
[Vide Rajasthan Act, 1993 (4 of 1993), w.e.f. 11th. February, 1993]
State of Rajasthan:
In section 21 of the Indian Penal Code 1860 (Central Act 45 of 1860), in its application to the State of
Rajasthan, after clause twelfth, the following new clause shall be added, namely:-
"Thirteenth-
Every person employed or engaged by any public body in the conduct and supervision of any
examination recognized or approved under any law.
Explanation-
The expression 'Public Body' includes-
(a) a University, Board of Education or other body, either established by or under a Central or State Act
or under the provisions of the Constitution of India or constituted By the Government; and
(b) a local authority." ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
84
SINGH
IPC Section 21 "Public Servant“ continued
Comments
1. Persons included under, some of above descriptions are
defined/entitled ‘public servants’, whether or not, appointed by either
Government or by NGO or working in personal capacity as free
lancer, appointed by some either person or body in public
2. Wherever, words ‘public servant’ occur, these shall be understood of
every person, who is in actual possession of defined situation of a
‘public servant’, whatever or not, legal defect, there may be in one’s
right to hold that situation.
3. Word ‘election’ denotes, an election for purpose of selecting
members, pertinent whatever legislative, municipal or other public
authority of whatever character, method of selection to which, is by
or under whatever law, prescribed as by election.
4. IEI Corporate members are elected to Institution by election,
respecting which, a ‘Diploma of membership’ grade is granted to
corporate member ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
SINGH 85
IPC Section 29
"Document"
The word "document" denotes any matter expressed or described upon any substance by means of letters,
figures, or marks, or by more than one of those means, intended to be used, or which may be used, as
evidence of that matter.
Comments
1. Documents may be recorded in category of public, private & confidential/classified
2. Documents may be recorded in category of statutory or ordinary, judicial, executive & legislative
3. IEI Diploma of membership & chartered engineer (India) certificate, which may be issued to individuals
are categorized , as either statutory or chartered or official/ state documents
IPC Section 41
"Special law"
A "special law" is a law applicable to a particular subject.
Comments
1. IEI Charter is a special law, destined for purpose to control & regulate engineering, which is defined
within IEI Charter
2. MCI Act, Architect Act , ICAI Act, ICSA, etc. are also, special laws
IPC Section 44
"Injury"
The word "injury" denotes any harm, whatever illegally caused to any person, in body, mind, reputation or
property.
Comments
1. Disregarding Chartered Engineer (India) designation can be considered, causing injury to person
claiming to be Chartered Engineer (India), when
E N G I Nsuch person
EERIN G & I E IisR O
obstructed
Y A L C H A R T from
E R - B Ypractice
INT PE SURAJ
SINGH 86
IPC Section 166
Public servant disobeying law, with intent to cause injury to any
person
 Whoever, being a public servant,
 knowingly disobeys any direction of the law,
 as to the way, in which he is to conduct himself, as such public
servant,
 intending to cause, or knowing it to be likely that, he will by such
disobedience,
 cause injury to any person,
 shall be punished with simple imprisonment for a term, which may
extend to one year, or with fine, or with both.
Comments
1. Whenever some Public servant denies to Chartered Engineer (India) to practice,
within engineering field of expertise discipline, foregoing IPC section 166 can be
imported on related complaint, to be registered in either court or police
SINGH 87
IPC Section 181
False statement on oath or affirmation to public servant or person,
authorized to administer an oath or affirmation
 Whoever, being legally bound by an oath or affirmation, to state the
truth on any subject to any public servant or other person authorized
by law to administer such oath or affirmation,
 makes, to such public servant or other person as aforesaid, touching
the subject, any statement which is false, and
 which he either knows or believes to be false or does not believe to be
true,
 shall be punished with imprisonment of either description for a term,
which may extend to three years, and shall also, be liable to fine.
Comments
1. Every engineer, who files false certificates, pertinent works carried out,
when such certificates, signed by person on personal authority, foregoing
IPC section 181, can be imported for complaint registration by either court
or police ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ
SINGH 88
IPC Section 191
Giving false evidence
 Whoever, being legally bound by an oath or by an
express provision of law, to state the truth,
 or being bound by law, to make a declaration upon any
subject,
 makes any statement, which is false, and
 which he either knows or believes to be false or does
not believe to be true,
 is said to give false evidence.
Comments
1. Previous IPC section 181 comments do apply herein
SINGH 89
IPC Section 193
Punishment for false evidence
 Whoever intentionally, gives false evidence in any stage of a judicial
proceeding,
 or fabricates false evidence for the purpose of being used in any stage
of a judicial proceeding,
 shall be punished with imprisonment of either description for a term
which
 may extend to seven years, and shall also be liable to fine, and
 whoever intentionally, gives or fabricates false evidence in any
 other case,
 shall be punished with imprisonment of either description for a term,
which may extend to three years, and shall also be liable to fine.
Comments
1. Foregoing section 193 is self explanatory & similar, in line to
previous IPC sections 181 & 191 included comments
SINGH 90
IPC Section 199
False statement made in declaration, which is by law receivable as
evidence
 Whoever, in any declaration made or subscribed by him, which
declaration any Court of Justice, or any public servant or other
person, is bound or authorized by law to receive as evidence of
any fact,
 makes any statement which is false, and which he either knows or
believes to be false or does not believe to be true, touching any
point material to the object for which the declaration is made or
used,
 shall be punished in the same manner, as if he gave false evidence.
Comments
1. Foregoing section 199 is self explanatory & similar, in line to previous
IPC sections 181/191/193 included comments
SINGH 91
 Deliberations’ Conclusion & Advise
In addition to the aforesaid deliberated explanation, IEI certified/Issued documents,
such as
1. Corporate membership Diplomas of Elections,
2. Chartered Engineers (India) Certificate as well as,
3. Professional Engineers (India) Certificate,
4. International Professional Engineer (India) Certificate
5. are all entitled state as well as, public documents,
6. as evidence admissible under the provision section 74 of Indian Evidence Act,
by mandate of which, there is no necessity to prove these certifications,
7. as it is to be presumed by the court of law that documents being true
8. All such statutory personnel should enjoy rights to practice, relevant
professionals in capacity as, public statutory functionary
9. All such functionaries should be treated as ‘alternate authority/authorities’
10. Many GOI notifications exist on records, requiring self certifications through
such alternate authorities, such as Chartered Engineers (India)
11. Also, these style & title/s amount to status of public servant under IPC
section 19 & 21
Continued
ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ 92
SINGH
 Conclusion & Advise continued from previous slide
1. No other authority or Institution in India/Bharat is authorized to issue such certifications,
designating persons as ‘Engineers’ on ‘statutory’ basis
2. It should also, be noticed that whatever description of educational degree would have been
issued to whomsoever, that degree does not notify, description or designation as ‘Engineer’ in
any way, but grant of description of educational degree only, such as BE/B Tech or
others/ME/M Tech/PhD or others, whatsoever
3. Every engineering educated professional should apply to IEI only, for obtaining a state
diploma on application form for obtaining AMIE election certificate, which is a minimum
criteria/requirement to obtain Chartered Engineer (India) certification
4. Noticeable is also, true that no designation on any other statute exists by description of
‘Engineer’, which is formally described on engineering related contracts only, on both
national as well as, on international basis
5. IEI membership is a state document, which cannot be disregarded
6. Chartered Engineers (India) certificate is a state document
7. Professional Engineer (India) & International PE (India), certificate is a state document
8. Accordingly, these documents direct all authorities, commissioners, administrators, officers &
others, to accept certified designations, as indicated by IEI Charter statute, applicable in
India/Bharat, without causing any issue for obstructing designated functionary, preventing
functionary, either to work or from working in engineering as practitioner, in qualified
disciplines, whatsoever, provided person produces an authenticated certificate, issued by The
Institution of Engineers (India)
GOI Chartered Engineers Certification Notifications link
ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ SINGH
93
 Royal Charter has been an issue in India Bharat post 1947
 India/Bharat got freedom from British regime & had to arrange self regime, which is called Sovereign
Republic in addition to secular democratic philosophy
 Constitution of India was given to its subjects/people by themselves, duly resolved, adopted & enacted,
by collective group of Indian Body politic &refer to preambles)
 This document defines structure of Union/Republic of India
 Constitution of India is statutorily, empowered as first prime law of our land India that is Bharat, whereas
name Hindustan does no more exist on statute books
 According to COI, name of this nation is ‘India that is Bharat’
 COI defines rights of its subjects, in relation to social justice, equality of economic & political
opportunity
 All other laws, to be legislated whether by Parliament or by state assemblies or others, can only be
enacted in complying with principles enshrined within COI, failing which, enactment is void.
 IEI Royal Charter 1935 has been protected by POI under Existing Laws
 Preamble of COI provide basis of contents of this ‘Charter of India/COI’
 WE, THE PEOPLE OF INDIA, HAVING SOLEMNLY RESOLVED TO CONSTITUTE INDIA INTO A
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC AND TO SECURE TO ALL ITS
CITIZENS:
 JUSTICE, SOCIAL, ECONOMIC AND POLITICAL; LIBERTY OF THOUGHT, EXPRESSION,
BELIEF, FAITH AND WORSHIP; EQUALITY OF STATUS AND OF OPPORTUNITY; AND TO
PROMOTE AMONG THEM ALL FRATERNITY ASSURING DIGNITY OF INDIVIDUAL AND
UNITY AND INTEGRITY OF NATION; IN OUR CONSTITUENT ASSEMBLY, THIS TWENTY
SIXTH DAY OF NOVEMBER, 1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES
THIS CONSTITUTION

SINGH 94
Dear Audience
1. Thanks everybody/distinguished person/s for your kind
presence during this Chartered Engineer’s Talk
2. Thanks a lot indeed for your kind patience, attention &
involved interests
3. Thanks for your input questions
4. Thanks for your constructive talk/s/ interactions
5. Thanks for your personal participation
6. Thanks for your valuable time
7. Thanks IEI, MP Chapter for extending this
privilege/opportunity, to interact with this august audience
8. Hope you enjoyed this session well
Jai Bharat
E N G I N E E R I N G & I E I R O YA L C H A RT E R - B Y I N T 95
PE SURAJ SINGH
समाप्त
आप सभी का िन्येिाद
इं स्टीटू शि ऑफ़ इं जीिीसस (इं वडया)
(मध्ये प्रदे श राज्ये केंद्र)
का िन्येिाद
जय ि रत
अवभयंता सूरज वसंि
SINGH 96
Presentation documents have been placed
on line In dropbox at following URL
https://www.dropbox.com/sh/oifl94j1lxdu94a/
W35-5yBhuv
https://www.dropbox.com/sh/mgyzm2ot6zibn
r5/gS703izzFO
Those interested, my open URL link

Thanks indeed &
Jai Bharat
SINGH 97

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Engineering Practice

(अभिय ांभिक कर्म)

ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ

ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ

IEI & its

Chartered Engineer (India)

Comments- IEI should be utilized by all constitutional & statutory

ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ

ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ

ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ

Constitution of India Article 366

ENGINEERING & IEI ROYAL CHARTER-BY INT PE SURAJ

Indian Evidence Act Section 74

Indian Evidence Act Section 90

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