The Engineers Registration (Amendment) Act, 2007

1. Short title and construction. PART II G e n e r a l A m e n d m e n t s

4. Repeal and replacem ent o f section 5.

5. Repeal and replacem ent o f section 10.

17. Amendment o f section 34. 9 No. 24 Engineers Registration (A mendment) 2007 T H E U N IT E D R E P U B L IC OF T A N Z A N IA No. 24 o f 2007 IASSI-NT. J a k a y a M . K i k w i - i t : . President 31*' Decem ber. 2007 A n Act to am end the E ngineers Registration Act. E n a c t e d by P arliam en t o f th e U nited R epublic o f Tanzania. PART I P r e l i m i n a r y P r o v i s i o n s

2.-S ec tio n 2 o f the principal Act is amended b y - A m c n d - (a) inserting in the appropriate alphabetical order the following section 2 new definitions— "en g in eerin g p ro je c t” m eans a project whose inception, p la n n in g , d e s ig n in g , e x e c u tio n , s u p e rv is io n an d m anagem ent require engineering science, technology and m anagem ent; “ e n g in e e rin g o rg a n iz a tio n ” m eans o rg a n iz atio n w hose functions involve the planning, designing, processing and the delivers' o f enginnering products and services; “ Institutions o f Engineers” means local or foreign engineering ir respective countries and their institutions registered l il No. 24 Engineers Registration (Amendment) 2 0 0 7 m em bers are engineers w hose academ ic know ledge and practical experience are recognized by the Board; “ technical in stitu tio n s” m eans in stitu tio n s, agen cies or M inistries th a t- (i) employ engineers and use their services, (ii) are responsible for w orks, w ater, com m unication, tr a n s p o r t, a g r ic u ltu r e , en erg y , m in in g , lo c a l government, science and technology, environment, industry and trade; (b) deleting the phrase “registered consulting engineer’’ appearing in the eleventh line and substituting for it the phrase “consulting engineer” ; (c) deleting the phase “ registered engineer” appearing in the fourteenth line and substituting for it the phrase “professional engineer”; (d) deleting the phrase “ registered graduate engineer” appearing in the sixteenth line and substituting for it the phrase “graduate engineer”; and (e) deleting the phrase “registered graduate technician engineer” appearing in the eighteenth line and substituting for it the phrase “graduate incorporated engineer” . A m e n d ­ m e n t o f s e c t io n 4

3. The principal Act is amended in section 4 b y - (a) designating section 4 as section 4( 1); (b) deleting paragraph (c) and substituting for it the follow ing- “ (c) to provide facilities and o p p o rtu n ities fo r learn in g professional exposure and skills acquisition; and cause to be held professional development program m es for engineers and engineering technicians” . (c) ad din g im m ed iately a fte r p a ra g ra p h (h) the fo llo w in g p a ra g ra p h s- "(i) to plan, arrange, coordinate and oversee the professional training o f local graduate engineers: (j) to c o lla b o ra te w ith the T a n z a n ia C o m m issio n fo r U n iv e rsitie s and o th e r relev an t in stitu tio n s on the accreditation o f program s for training o f engineers and facilitate for the same; 12 24 Engineers Registration (Amendment) 2007 (k) to enter and inspect sites where construction, installation, erection, alteration, renovation, maintenance, processing, or m anufacturing works are in progress for the purpose o f verifying t h a t - (i) engineering activities are undertaken by engineers registered in appropriate categories and engineering consulting firms; (ii) standards and professional ethics and relevant health and safety aspects are observed; (1) to enter and inspcct business offices for verification purposes or for monitoring works, services and goods rendered by engineers and engineering technician; (m) to suspend or issue stop order to any works, projects, service, installation, process or other cnginnering activities, which are done without meeting engineering professional requirement; (n) to take legal action against persons or firms that practice engineering without being registered by the Board; (o) to take legal action against engineers and engineering co n su ltin g firm s th a t p ra c tic e engineering o r o ffer engineering consultancy services in areas outside their competence for which they are not registered; (p) to conduct exam inations for purposes o f registration and grant certificate, diplomas and other aw ards o f the Board to successful candidates; (q) to impose penalties on engineers, persons, employers o f engineers, firms and engineering consulting firms found guilty o f professional misconduct for contravening any provisions o f this Act; (r) to collaborate with local engineering training institutions, professional association and other organizations in matters related to training, professional development o f engineers, e n g in ee rin g te c h n ic ia n s, and o th er re la v an t B oard activities; (s) to provide a link between enginers seeking employment and prospective em ployers'’. (d) renaming paragraph (i) as paragraph (t); (e) adding new subsection as follow s- “(2) The Board may delegate some o f its functions to local engineering professional association or institutions, but shall set standards and ensure their com pliance” . No. 24 R e p e a l a n d r e p l a c e ­ m e n t o f s e c t io n 5 R e p e a l a n d r e p l a c e ­ m e n t o f s e c t i o n 10 Engineers Registration (Amendment) 2 0 0 7

4. Section 5 o f the principal Act is repealed and replaced with the following provision: “ L i m i t a - t i o n o f

5. A member o f the B oard, Secretariat, or a person under whom perform ance o f the functions l i a b i l i t y ^ ^ o a T d h a v e b e e n A & ) n w t 6 ^ personally liable for any act or default o f the Board done or om itted in good faith in the course o f carrying out responsibilities and functions o f or exercising the powers conferred upon the B oard.”

5. Section 10 o f the principal Act is repealed and replaced with the following section: “ Q u a l i f i - c a t i o n ior r e g i s t r a -

10. —(1) Subject to the provisions o f this Act, a person shall be entitled, on making an application to the B oard in the prescribed m anner and on p a y m ^ tQ the Board o f the prescribed fee, to be registered under this Act and to have his nam e entered in the register a s - (a) engineering technician if he is a holder o f a National Technical Award level 6 or equivalent; (b) graduate incorporated engineer if he is a holder o f a h igher d iplom a o r an equivalent qualification in engineering o b ta in e d e n g in e e rin g polytechnic or college recognised by the Board; fro m an (c) graduate engineer if he is a holder o f a degree, diploma o f a university or school o f engineering o f which are recognized by the Board as furnishing a sufficient g u aran tee o f an ad equate acad em ic training in engineering; (d) incorporated engineer if he is a graduate incorporated engineer and has not less than three years practical experience o f such a nature as to satisfy the Board as to his com petence to p ra ctice as incorporated engineer; No. 24 Engineers Registration (Amendment) 2007 (e) professional engineer if h e - (i) is a m ember o f an institution of en g in e e rs, th e m e m b e rsh ip o f which is recognized by the Board as furnishing a sufficient guarantee o f acad em ic know ledge o f and p ra c tic a l in engineering; e x p e rie n c e (ii) is a graduate engineer and has not less th an th ree y ears p ra c tic a l experience o f such a nature as to th e B o a rd as to his s a tis fy com petence to such the practice as a p ro f e s s io n a l q u a lifie d engineer or; (iii) has p a s s e d th e p re s c rib e d exam ination or interview as the case may be, as set by the Board; ( 0 co n su ltin g en g in eer in a p a rtic u la r classification and grade if he— (i) is a professional engineer and has p ra c tic e d s p e c ia liz e d in e n g in ee rin g field for a p erio d determined by the Board; a (ii) has satisfied the Board as to having achieved a standard o f competence to enable him to p ra c tic e as a consulting engineer in a particular specialization and grade. (2) Subject to the provisions o f subsection ( I ): ( 0 o f this section. ;i consulting engineer may pratice as an independent consultant or individual consultant as stipulated in the Public Procurem ent Act provided that he has satisfied the B oard to have fulfilled the requirem ents as may be determined by the Board. (3) In the case o f a consulting fir m - (a) a person or body o f persons shall not be registered as a consulting engineer unless at least 51 % o f the shares arc owned by engineers or com panies registered with the Board: 15 Engineers Registration (Amendment) 2 0 0 7 (b) such a consultating firm shall fulfil the conditions mentioned in subsection (1) (f) in terms o f its key engineering personnel and any other conditions which may, from time to time, be prescribed by the Board. (c) registration o f consulting firms shall be made in various classes or categories based on criteria as shall be established bv the Board. (4) The Board may require an applicant for registration under this Act to satisfy that his professional and general conduct has been such as. in the opinion o f the Board, to make him a fit and proper person to be registered under this Act and the Board may direct the R egistrar to postpone the registration until so satisfied.'5 e n d - u o f io n i t i o n s c t i o n

6 . T he principal Act is amended in subsection (1) o f Section 11 by adding immediately after paragraph (c) the following p ro v iso - ‘ Provided th a t such qualifications, expertise and skills are not a v a ila b le a m o n g s t T a n z a n ia n e n g in e e rs o r e n g in e e rin g technicians” .

7. T he principal Act is amended by adding immediately after section 12 the follow ing new section: - A n n u a l p r a c t i s i n g l i c e n c e

12A . - (1) E very p ro fe ssio n a l e n g in e e r o r consulting engineer who has been registered under this Act, shall in addition to such registration possess a practicing certificate. (2) A practicing certificate shall be valid for three years from the date o f issue but shall be deem ed to have ex p ired fo rth w ith w h ere the registered professional or consulting engineer is deleted from the register earlier before the end o f such period. “ Provided that, where the name o f a registered professional or consulting engineer is deleted from the register, the annual practicing certificate expires forthwith. (3) A person who practices engineering activities without valid practicing certificate, commits an N o . 24 Engineers Registration (A mendment) 200*; offence and upon conviction is liable to- (a) in case o f an individual, a fine o f not less than five hundred thousand shillings or one year imprisonment in default or both fine and imprisonment; (b) in case o f a firm, a fine o f not less than five million shillings. (4) The B oard m ay consider provisions o f practicing certificate for a period less than a year as it may deem fit.”

8 . Section 13 o f the principal Act is amended by— (a) deleting subsection (2) and substituting for it the following provision- A m e n d ­ ment o f section 13 “ (2) For the purposes o f this section - “p ro fessio n al engineering w o rk ” includes professional services, consultation, investigation, evaluation, planning, designing, m anagem ent o f eng ineering p ro jects or responsible supervision o f construction or operation in connection with any public or privately owned public utilities, buildings, machines, equipment, processes, works or projects w here public interest and w elfare or the sa fe g u a rd in g o f life, p ublic health , env ironm ental sustainability or property is concerned or involved and that requires application o f engineering principles and data; "professional engineering services'’ means advisory- services relating to any professional engineering works, selling or supplying for gain or reward any plan, sketch, drawing, design, specification or other docum ent relating to any professional engineering works, services or goods; "consulting engineering services” includes consultancy and advisory services relating to any independent professional engineering w orks, service or goods and selling or supplying for gain or reward any plan, sketch, drawing, design, specification or other document relating to any professional engineering work, service or goods with a liability to be sued.” No. 24 Engineers Registration (Amendment) 2 0 0 7 A m e n d ­ ment o f section 14 A m e n d ­ ment o f section ! 5 (b) deleting in subsection (7) the phrase “five hundred thousand shillings” appearing in the third and fourth lines and substituting for it the phrase “one million shillings.”

9. Section 14 o f the principal Act is am ended- (a) by deleting subsection (1) and substituting for it the following: "(1) A person shall not employ as an engineer any person who is not a professional engineer or consulting engineer, or cause to undertake engineering works or services without employing the services o f a professional engineer or consulting e n g in ee r/' (b) by deleting subsection (2) and substituting for it the following: "(2) No person shall take up or continue in any employment as an engineer, or carry' out engineering works or services unless he is a professional engineer or consulting engineer/’ (c) by deleting subsections (4) and (5) and substituting for them the follow ing- “ (4) In this section "em ploy” m eans em ploy under a contract o f service or other form o f agreement and the term "em ploym ent" shall be construed accordinglv (5) W here an employer employ any person as a trainer engineer or incorporated engineer, this section shall not apply to that em ployee’s employer. (6) In the case o f employment o f a graduate engineer, gradu ate incorporated engineer or incorporated engineer, subsections (1) to (4) o f this section shall not apply, unless they acquire registration as professional engineers.’ (d) by renum bering subsection (6) as subsection (7).

10. Section 15 o f the principal Act is am en d ed - (a) in p a ra g ra p h (b) o f su b sec tio n (1) bv deleting the p h ra se "section 16 and 17” and substituting for it the phrase "any provisions o f this Act”; (b) by deleting paragraph (c) and substituting for it the follovving- "(c) been found by the Board to be guilty o f m isconduct or breach o f code o f conduct and ethics as provided for under section 17”; IS No. 24 Engineers Registration (Amendment) 2007 (c) by adding immediately after paragraph (e) the following new paragraph: “ (d) failed to pay annual fees for a period o f two years consecutively.5’

11. The principal Act is amended in section 17 b y - (a) renumbering the contents o f section 17 as subsection (1); A m e n d ­ ment o f section (b) adding immediately after paragraph (c) o f subsection (1) as 1 7 renumbered, the following new paragraph - “ (d) impose a fine o f such amount as will be determined by the B oard.” (c) adding immediately after subsection (1) as renumbered, the following new subsection — “ (2) W here the punishm ent im posed is a fine and the person so fined refuses or fails to pay the fine within thirty days o f the date on which it is imposed, his registration shall be suspended until such time the fine has been paid to the B o a rd ” .

12. Section 18 o f the principal Act is am ended— (a) in subsection (1), by adding immediately after that subsection the following proviso: “ Provided that, when represented, the person shall also be present at the hearing o f the inquiry. (b) in subsection (2), by adding immediately after paragraph (c) the following new paragraph- “ (d) to appoint a person who shall advise the Board at such inquiry on m atters relating to law.”

13. Section 19 o f the principal Act is amended in subsection (1) by deleting the p h ra se “ not exceeding tw enty th o u san d shillings and substituting for it the phrase “not less than five hundred thousand shillings or im prisonm ent for a term o f one y ear o r to both such fine and im prisonment” .

14. The principal Act is amended in section 21, by deleting paragraph (c) and substituting for it the following paragraph: “ (c) two engineers appointed by the M inister who are not employees o f the m inistry responsible for w orks.” 19 A m e n d ­ ment o f section 1 8 A m e n d ­ ment o f section 1 9 A m e n d ­ ment o f section 21 No. 24 Engineers Registration (Amendment) 2 0 0 7 A m e n d ­ ment o f section 2 9 A m e n d ­ ment o f section 3 3 A m e n d ­ ment o f section 3 4

15. The principal A ct is amended in section 2 9 - (a) by adding im m ediately after paragraph (c) the following new p arag ra p h ­ e d ) such sum s to be provided by technical institutions, industries or organizations for the Structured Engineers A pprenticeship Program m e.” (b) by renam ing paragraph (d) as paragraph (e).

16. T he principal Act is amended in section 33 by deleting the phrase “ subject to the provisions o f subsection (2) o f section 21” .

17. T he principal Act is amended in section 34 by deleting the w ord “consent” appearing between the words “the” and “o f ’ and substituting for it the word “ consultation” . Passed in the N ational A ssem bly on the 5th November, 2007. D a m i a n S. L. F o k a . ( 'kerk o f the National Assembly 20

1. This Act m ay be cited as the Engineers Registration (Amendment) Act, 2007 and shall be read as one with the Engineers Registration to A ct h e r e in a f te r r e f e r r e d th e as “ p rin c ip a l A c t” . Cap 63 S h o r t t i t l e PART II G e n e r a l A m e n d m e n t s