www.sefindia.org

STRUCTURAL ENGINEERING FORUM OF INDIA [SEFI]

 Forum SubscriptionsSubscriptions DigestDigest Preferences   FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups  RegisterRegister FAQSecurity Tips FAQDonate
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log in to websiteLog in to websiteLog in to websiteLog in to forum 
Warning: Make sure you scan the downloaded attachment with updated antivirus tools  before opening them. They may contain viruses.
Use online scanners
here and here to upload downloaded attachment to check for safety.

[Regulating Profession] - Concluding Remarks

 
Post new topicReply to topic Thank Post    www.sefindia.org Forum Index -> Econference on State of Structural Engineering Practice and Education
View previous topic :: View next topic  
Author Message
nilesh_shah
SEFI Member
SEFI Member


Joined: 26 Jan 2003
Posts: 12
Location: Surat, Gujarat, India

PostPosted: Sun Feb 21, 2016 3:27 pm    Post subject: [Regulating Profession] - Concluding Remarks Reply with quote

Dear SEFIANS,

It was nice to be with you over last fifteen days while reading discussions/debate on various subsections of this E-Conference. I thank the organizers for giving me an opportunity to moderate a sub section on “How do we regulate the Structural Engineering Profession?”

There are standards/codes available to “test” various building materials prior to its use for constructing a structure, but it is pity that no standards are available to “test” structural engineers who specify such tests for building materials and that no legislation is available to regulate/monitor the structural engineering profession. In my opening remarks for this subsection I have raised four issues pertaining to “regulating the structural engineering profession”. They are:
<![if !supportLists]>1. <![endif]>Creating a professional identity that is legally recognized
<![if !supportLists]>2. <![endif]>Need for a single apex body exclusive to the profession of structural engineering which sets standards for professional practice, provide guidelines for registration and licensing of structural engineers along with further categories based on academic qualification and experience, sets norms for CPD (Continuous professional development) and conducts qualifying exam to practice structural engineering.
<![if !supportLists]>3. <![endif]>Understanding structural engineers “(Limited) Liability” and “Defect Liability Period” for structural design.
<![if !supportLists]>4. <![endif]>Need for Professional Indemnity Insurance for security of structural engineers.

The first two of the issues listed above have been discussed at length. Almost everyone who posted for this subsection felt the need for professional identity and a regulating body backed by legislation. Even, discussion in other subsection also revealed the need for a regulating body. Er Alok Bhowmick informed that currently, three institutions are appealing for registration of PE and there is confusion, whether to register PE with IE(I), ECI or CEAI. At the end of the E-Conference, still the confusion prevails. Even though it is discussed at length, questions raised below remain unanswered:
<![if !supportLists]>a) <![endif]>If PE currently being offered by IE(I), ECI and CEAI carry any value?
<![if !supportLists]>b) <![endif]>Which of these organisations (or any other organisation) should look after regulating the structural engineering profession? Or should it continue to be laissez faire as being practised currently.
<![if !supportLists]>c) <![endif]>As we know, IE(I) has a Royal Charter since 1935. Does this mean that we don’t need Engineers Bill enacted by the Parliament? Through its royal charter, is there a clear understanding of IE(I)’s role in regulating engineering profession in India?
As mentioned by Er B V Harsoda, The Gujarat Professional Civil Engineers Bill was passed by the state legislative assembly in March 2006 – post 2001 Bhuj earthquake. Under this bill, Gujarat Council of Professional Engineers was formed which comprised of 12 members. The council was to perform several functions including preparation of register of professional civil engineers, hold examinations, prescribe standards of professional conduct and etiquette, prescribe code of ethics for professional engineers, grant or refuse certificate of practice, etc. But as of now, there is no significant progress to implement this bill. Again, it is legislation specific to Gujarat and not mandatory across the country.

While the first two issues (professional identity and regulating body backed by legislation) mentioned in my opening remarks were discussed in detail, rarely someone posted about the last two issues concerning “(Limited) Liability” of a structural engineer, “Defect liability period” for structural design and “Professional Indemnity Insurance”. I feel these issues are important and need appropriate mention while standardising our profession. These would ensure safety to a structural engineer and would help him defend his case in court of law, if need arises.

The situation is grim. After decades of continuing efforts, we do not have a legal body to regulate our profession. After discussions/debate over 15 days, we have clarity on issues related to regulation of our profession but, not resolution for the issues. This collaborates well with anguish of fellow structural engineers who expressed their frustration saying that such discussions and debate would go on for decades without any positive outcome.

It is important that any one from the IE(I), ECI and CEAI is recognized for registration of PE with consensus of others. It is high time that all individuals unite on this platform. May be one of the organisation (or SEFI?) can lead from the front and play role of a facilitating and coordinating agency amongst IE(I), ECI and CEAI for registration of PE and regulation of profession. There is a model agreement available with other organizations, which can be reviewed and amended as necessary. The standards of practice, fees, roles and responsibilities, performance criteria, frame work for continuous education and exams may be drafted. It would be apt to convince the licensure that only PE from recognized institute shall be considered for issuing license to practise as structural engineer. Any unethical behaviour, duly investigated by such an institute and reported to local licensure would result in forfeiting the license to practise structural engineering. If sought by the structural engineer, such an institute will conduct unbiased technical investigation and give technical opinion on his role, responsibility and faithful performance of duties.

I do appreciate James Cohen’s mention about industry-internal means by which allegations of unethical behaviour can be investigated, judged and published, even without legal backing to enforce penalties. It is indeed a good idea to have such a mechanism till we identify the organization that regulates the profession and have clarity on legislation. While, such a mechanism can investigate, judge and publish unethical behaviour; enforcement of penalty would be realistic only with legal backing. Well, something is always better than nothing.

I hope that united efforts from all of us would soon mobilize a system to create our legal identity and regulation of profession.

Regards,
Nilesh Shah
E-Conf Moderator
How do we regulate the structural engineering profession?
Partner
SHAH ASSOCIATES
Designers, Engineers and Consultants
201-206, Jaldarshan
Nanpura
Surat 395 001
Gujarat, India
Mobile: +91-987-900-6906
email: nilesh@shahassociates.com (nilesh@shahassociates.com)

Posted via Email
Back to top
View user's profile Send private message
nilesh_shah
SEFI Member
SEFI Member


Joined: 26 Jan 2003
Posts: 12
Location: Surat, Gujarat, India

PostPosted: Sun Feb 21, 2016 4:23 pm    Post subject: [Regulating Profession] - Concluding Remarks Reply with quote

Dear SEFIANS,

It was nice to be with you over last fifteen days while reading   discussions/debate on various subsections of this E-Conference. I thank   the organizers for giving me an opportunity to moderate a sub section on "How do we regulate the Structural Engineering Profession?"

There are standards/codes available to "test" various building   materials prior to its use for constructing a structure, but it is pity   that no standards are available to "test" structural engineers who   specify such tests for building materials and that no legislation is   available to regulate/monitor the structural engineering profession. In   my opening remarks for this subsection I have raised four issues   pertaining to "regulating the structural engineering profession". They   are:
1. Creating a professional identity that is legally recognized
2. Need for a single apex   body exclusive to the profession of structural engineering which sets   standards for professional practice, provide guidelines for registration   and licensing of structural engineers along with further categories   based on academic qualification and experience, sets norms for CPD   (Continuous professional development) and conducts qualifying exam to   practice structural engineering.
3. Understanding   structural engineers "(Limited) Liability" and "Defect Liability Period"   for structural design.
4. Need for Professional Indemnity Insurance for security of structural engineers.

The first two of the issues listed above have been discussed at   length. Almost everyone who posted for this subsection felt the need for   professional identity and a regulating body backed by legislation.   Even, discussion in other subsection also revealed the need for a   regulating body. Er Alok Bhowmick informed that currently, three institutions are appealing for   registration of PE and there is confusion, whether to register PE with   IE(I), ECI or CEAI. At the end of the E-Conference, still the confusion   prevails. Even though it is discussed at length, questions raised below   remain unanswered:



a) If PE currently being offered by IE(I), ECI and CEAI carry any value?
b) Which of these   organisations (or any other organisation) should look after regulating   the structural engineering profession? Or should it continue to be   laissez faire as being practised currently.
c) As we know, IE(I) has a   Royal Charter since 1935. Does this mean that we don&rsquo;t need Engineers   Bill enacted by the Parliament? Through its royal charter, is there a   clear understanding of IE(I)&rsquo;s role in regulating engineering profession   in India?



As mentioned by Er B V Harsoda,   The Gujarat Professional Civil Engineers Bill was passed by the state   legislative assembly in March 2006 post 2001 Bhuj earthquake. Under   this bill, Gujarat Council of Professional Engineers was formed which   comprised of 12 members. The council was to perform several functions   including preparation of register of professional civil engineers, hold   examinations, prescribe standards of professional conduct and etiquette,   prescribe code of ethics for professional engineers, grant or refuse   certificate of practice, etc. But as of now, there is no significant   progress to implement this bill. Again, it is legislation specific to   Gujarat and not mandatory across the country.

While the first two issues (professional identity and regulating   body backed by legislation) mentioned in my opening remarks were   discussed in detail, rarely someone posted about the last two issues   concerning "(Limited) Liability" of a structural engineer, "Defect   liability period" for structural design and "Professional Indemnity   Insurance". I feel these issues are important and need appropriate   mention while standardising our profession. These would ensure safety to   a structural engineer and would help him defend his case in court of   law, if need arises.

The situation is grim. After decades of continuing efforts, we do   not have a legal body to regulate our profession. After   discussions/debate over 15 days, we have clarity on issues related to   regulation of our profession but, not resolution for the issues. This   collaborates well with anguish of fellow structural engineers who   expressed their frustration saying that such discussions and debate   would go on for decades without any positive outcome.

It is important that any one from the IE(I), ECI and CEAI is   recognized for registration of PE with consensus of others. It is high   time that all individuals unite on this platform. May be one of the   organisation (or SEFI?) can lead from the front and play role of a   facilitating and coordinating agency amongst IE(I), ECI and CEAI for   registration of PE and regulation of profession. There is a model   agreement available with other organizations, which can be reviewed and   amended as necessary. The standards of practice, fees, roles and   responsibilities, performance criteria, frame work for continuous   education and exams may be drafted. It would be apt to convince the   licensure that only PE from recognized institute shall be considered for   issuing license to practise as structural engineer. Any unethical   behaviour, duly investigated by such an institute and reported to local   licensure would result in forfeiting the license to practise structural   engineering. If sought by the structural engineer, such an institute   will conduct unbiased technical investigation and give technical opinion   on his role, responsibility and faithful performance of duties.

I do appreciate James Cohen&rsquo;s mention about industry-internal means by which allegations of unethical   behaviour can be investigated, judged and published, even without legal   backing to enforce penalties. It is indeed a good idea to have such a   mechanism till we identify the organization that regulates the   profession and have clarity on legislation. While, such a mechanism can   investigate, judge and publish unethical behaviour; enforcement of   penalty would be realistic only with legal backing. Well, something is   always better than nothing.

I hope that united efforts from all of us would soon mobilize a   system to create our legal identity and regulation of profession.

Regards,
Nilesh Shah
E-Conf Moderator
How do we regulate the structural engineering profession?
Partner
SHAH ASSOCIATES
Designers, Engineers and Consultants
201-206, Jaldarshan
Nanpura
Surat 395 001
Gujarat, India
Mobile: +91-987-900-6906
email: nilesh@shahassociates.com

Posted via Email
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topicReply to topic Thank Post    www.sefindia.org Forum Index -> Econference on State of Structural Engineering Practice and Education All times are GMT
Page 1 of 1

 

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You cannot attach files in this forum
You can download files in this forum


© 2003, 2008 SEFINDIA, Indian Domain Registration
Publishing or acceptance of an advertisement is neither a guarantee nor endorsement of the advertiser's product or service. advertisement policy