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PROFESSIONAL
ENGINEERS ACT
(CHAPTER 253, SECTION 36)
PROFESSIONAL ENGINEERS BOARD RULES
[30th August 1991]
PART I
PRELIMINARY
1 Citation
2 Definitions
PART II
MEETINGS
OF BOARD
3 Meetings
4 Notice of meetings.
5 Minutes.
6 Order of business.
7 Voting.
8
9 Bank account and cheques.
10 Presentation of accounts.
11 Expenses of Board.
PART III
ELECTION
OF BOARD MEMBERS
12 Returning officer
13 Notice of nomination
14 Nominations
15 Vacancies filled by number of nominations
16 Vacancy to be set aside
17 Remaining vacancies
18 Vacancies exceeded by number of nominations
19 No soliciting or canvassing for votes
20 Form and manner of voting
21 Proof of identity
22 Penalty for failure to vote
23 Counting of votes
24 Storage of records
25 Complaints to Board
PROFESSIONAL
ENGINEERS ACT
(CHAPTER 253, SECTION 36)
PROFESSIONAL ENGINEERS BOARD RULES
[30th August 1991]
PART I
PRELIMINARY
Citation
1.
These
Rules may be cited as the Professional Engineers Board Rules.
Definitions
2.
In
these Rules, unless the context otherwise requires —"Chairman"
means the person presiding at any
meeting of the Board;
"elected member"
, in relation to the Board, means
a member of the Board referred to in section 4 (2) (c)
of the Act;
"financial
year"
means the financial year
of the Board which shall be a period of 12 months ending on 31st
December in any year;
"licensed professional engineer"
means a registered professional engineer
who has in force a valid practising certificate;
"member"
means a member of the Board and includes
the President thereof.
PART II
MEETINGS
OF BOARD
Meetings
3.
—(1)
Meetings
of the Board may be held at such time and place and as often as may
be necessary, except that not less than 10 meetings shall be held
in a financial year.
(2)
The Registrar shall, whenever requested
to do so by the President or by not less than 4 members in writing
under their hands, convene a meeting of the Board within 14 days
of such request.
Notice of meetings.
4.
—(1)
Not
less than 5
days’ notice in writing shall be given by the Registrar
specifying the place, date and time of a meeting of the Board and
the business to be conducted at the meeting.
(2)
The accidental omission to give notice
of a meeting under this rule to one or more members or failure to
receive any such notice by any member shall not affect the validity
of or prejudice anything done or agreed to at such meeting.
Minutes.
5.
—(1)
The
Registrar shall act as secretary of the Board.
(2)
Minutes of every meeting of the Board
shall be taken and kept by the Registrar and shall be duly entered
in a book provided for the purpose.
(3)
A draft of the minutes of a meeting
of the Board shall be circulated to the members together with the
notice of the meeting at which the draft is to be submitted for confirmation.
(4)
Minutes of the proceedings of any meeting,
if purporting to be signed by the Chairman of the meeting at which
the minutes were confirmed, shall be evidence of the facts stated
therein; and the meeting to which any such minutes relate shall,
unless the contrary is proved, be deemed to have been regularly
convened and constituted.
Order of business.
6.
Unless
the Chairman otherwise directs, the following order of business
shall be observed at each meeting of the Board:(a)
confirmation of minutes of the previous
meeting of the Board;
(b)
matters arising;
(c)
statement of accounts;
(d)
applications for registration, practising
certificates and licences;
(e)
business of which due notice has been
given; and
(f)
such other matters as the Board may
think fit to consider.
Voting.
7.
Every
question arising at every meeting of the Board shall be decided
by voting on a show of hands by a majority of the members present
and voting, except that any member may call for a division, in which
case the names of the members for and against and those who abstained
from voting shall be recorded in writing in the minutes.
8.
Deleted by S 633/2005, wef 01/10/2005.
Bank account and cheques.
9.
—(1)
All
payments made by or on behalf of the Board (other than sums not
exceeding $500 or such lesser amounts as the Board may
from time to time determine) shall be made by cheque drawn on the
bank account of the Board.
(2)
All cheques drawn on the bank account
of the Board shall be signed by —(a)
the President and the Registrar;
(b)
the President and any member of the Board approved
through a resolution of the Board for this purpose; or
(c)
the Registrar and any member of the Board approved
through a resolution of the Board for this purpose.
Presentation of accounts.
10.
At
every meeting of the Board, the Registrar shall present to the Board
a statement of accounts showing —(a)
the receipts and expenditure by the
Board for the current financial year as on the day immediately before
the meeting; and
(b)
the balance, if any, standing to the
credit of the Board.
Expenses of Board.
11.
There
shall be paid to the Registrar and any other officers and employees
as the Board may appoint such fees or remuneration as the Board
may determine from time to time.
PART III
ELECTION
OF BOARD MEMBERS
Returning officer
12.
—(1)
The
Registrar, or any other person whom the Board may from time to time
appoint, shall be the returning officer for the purpose of section
4 (2) (c) (i) of the Act.
(2)
The returning
officer may appoint assistant returning officers who shall act under
the direction of the returning officer.
Notice of nomination
13.
—(1)
For
the purpose of section 4 (2) (c) (i) of the
Act, the returning officer shall determine —(a)
the date, time, place, manner and
procedure for submitting nomination papers;
(b)
the date for balloting which shall
be not more than 60 days after the close of nominations; and
(c)
the time and place at which, and
the manner by which, the ballot is to be conducted.
(2)
The returning
officer shall cause a notice to be sent to every licensed professional
engineer informing him of the matters referred to in paragraph (1),
together with a nomination paper which shall be in such form as
the Board may determine.
Nominations
14.
—(1)
Every
licensed professional engineer who desires to nominate a candidate
for election as a member of the Board shall —(a)
enter his own name as proposer and
sign on the nomination paper referred to in rule 13 (2);
(b)
enter on the nomination paper the
name of the candidate and have the consent of the candidate endorsed
thereon;
(c)
enter on the nomination paper the
name of a seconder for the candidate and have the signature of the
seconder endorsed thereon; and
(d)
submit the nomination paper in the
manner fixed by the returning officer under rule 13 (1) (a)
together with such information concerning the candidate as the returning
officer may require.
(2)
No person other
than a licensed professional engineer shall propose or second the
nomination of any candidate.
(3)
A proposer shall
not nominate more candidates in any election than the number to
be filled in that election.
Vacancies filled by number of nominations
15.
Where
there is only one valid nomination of a licensed professional engineer in
either the branch of civil engineering, electrical engineering or
mechanical engineering in any election, the returning officer shall
declare the candidate from that branch of engineering nominated
to be elected.
Vacancy to be set aside
16.
Where
there is no valid nomination of a licensed professional engineer
in either the branch of civil engineering, electrical engineering
or mechanical engineering in any election, the returning officer
shall set aside one vacancy for a licensed professional engineer
in that branch of engineering to be appointed by the Minister under
section 4 (4) of the Act.
Remaining vacancies
17.
Where,
after taking into account the number of candidates declared elected under
rule 15 and the number of vacancies to be set aside under rule 16,
there are no more valid nominations than the remaining number of
vacancies to be filled, the returning officer shall declare the
candidates in those nominations to be elected.
Vacancies exceeded by number of nominations
18.
Where,
after taking into account the number of candidates declared elected under
rule 15 and the number of vacancies to be set aside under rule 16,
there are more valid nominations than the remaining number of vacancies
to be filled, the returning officer shall cause a notice to be sent
to every licensed professional engineer containing instructions
relating to —(a)
the date, time and place fixed for
balloting;
(b)
the manner and procedure for balloting;
and
(c)
the names of the candidates and such
other relevant information as the returning officer may determine.
No soliciting or canvassing for votes
19.
—(1)
No
person shall do any of the following except in the manner permitted by
the returning officer:(a)
canvass for votes;
(b)
solicit the vote of any person; or
(c)
cause any other person to do any
act referred to in sub-paragraphs (a) and (b).
(2)
Any person who
contravenes paragraph (1) shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $2,000.
Form and manner of voting
20.
—(1)
Voting
shall be by secret ballot.
(2)
Balloting shall
be conducted in such form and manner, whether manually or by mechanical
or electronic means, as the returning officer may determine.
Proof of identity
21.
Every
licensed professional engineer who votes shall produce such proof
of identity as the returning officer may require.
Penalty for failure to vote
22.
The
penalty under section 4A (2) (b) of the Act
for failure to vote is $300.
Counting of votes
23.
—(1)
Subject
to rules 15 and 16, the returning officer shall —(a)
cause the votes given to each candidate
to be counted, whether manually or by mechanical or electronic means;
and
(b)
declare the following candidates
to be elected:(i)
firstly, the 3 candidates from the
branches of civil engineering, electrical engineering and mechanical
engineering who each has the highest number of votes among the candidates
in his respective branch of engineering; and
(ii)
thereafter, the remaining candidates
with the highest numbers of votes among all the candidates in the
election, to fill the remaining vacancies.
(2)
If there is an
equality of votes, the successful candidate or candidates shall
be determined by drawing lots.
(3)
The returning
officer shall cause a notice to be sent to every registered professional
engineer informing him of the results of the election.
Storage of records
24.
Subject
to any direction that the President may give, the records of the
vote shall be retained securely by the Board for 3 months.
Complaints to Board
25.
—(1)
Subject
to paragraph (2), any question arising out of the election as to whether —(a)
a person is a licensed professional
engineer;
(b)
a candidate has been validly nominated;
or
(c)
a vote may be counted,
shall be decided by the returning officer.
(2)
Any person aggrieved
by any act or decision of the returning officer may, not later than
7 days after the results of an election have been declared, complain
to the Board, which may investigate the complaint and take such
action (including declaring the election void in whole or in part)
as the Board may think fit.
(3)
Any complaint
that a candidate or any person on his behalf has used corrupt methods
or undue influence in order to secure the election or rejection
of a candidate, or has contravened rule 19 (1), shall be made to
the Board which may investigate the complaint and take such action
(including declaring the election void in whole or in part) as the
Board may think fit.
(4)
No failure to
comply with these Rules shall invalidate an election if it appears that
the election was conducted in accordance with the principles laid
down in these Rules, and that the failure did not affect the results
of the election.