CHAPTER 63
ENGINEERS REGISTRATION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE BOARD

   3.   Establishment of Engineers Registration Board.

   4.   Functions of the Board.

   5.   Limitation of liability.

PART III
REGISTRATION

   6.   Appointment of Registrar.

   7.   Register of engineers and entries therein.

   8.   Publication of register and list.

   9.   Publication prima facie evidence of registration.

   10.   Qualification for registration.

   11.   Temporary registration.

   12.   Restriction on registration of non-citizens and foreign consulting firms.

   12A.   Annual practising licence.

   13.   Restriction on private practice as an engineer.

   14.   Restriction on employment of an engineer.

PART IV
CANCELLATION AND SUSPENSION OF REGISTRATION

   15.   Power to delete and correct register.

   16.   Restoration to the register.

   17.   Power to suspend registration, etc.

PART V
INQUIRIES AND APPEALS

   18.   Proceedings at inquiry.

   19.   Disobedience of summons and refusal to give evidence.

   20.   Appeals against decisions of the Board.

   21.   Appeals Authority.

   22.   Rules of proceedings before Appeals Authority.

PART VI
RESTRICTIONS ON PRACTISING AS ENGINEER OR ENGINEERING CONSULTANT

   23.   Use of description "Registered Consulting Firm" or "Registered Engineer" and effect of registration.

   24.   Use of description of "Registered Technician Engineer", etc.

   25.   Restriction on use of title and claim to qualifications by non-registered person.

PART VII
GENERAL PROVISIONS

   26.   Offences.

   27.   Accounts and audit.

   28.   Registrar's report.

   29.   Funds of the Board.

   30.   Power to invest.

   31.   Annual statement of accounts and Registrar's report to be laid before the National Assembly.

   32.   Minister may give directions.

   33.   Minister may make regulations.

   34.   By-laws.

   35.   [Repeal of Act No. 49 of 1968.]

   36.   Transitional provisions.

   37.   Savings.

SCHEDULE

CHAPTER 63
THE ENGINEERS REGISTRATION ACT

An Act to repeal and re-enact with modifications the Engineer (Registration) Board Act, 1968, to establish a board to regulate the conduct of engineers, to provide for their registration and for related matters.

[1st August, 1997]
[G.N. No. 318 of 1997]

Act No.
15 of 1997
24 of 2007

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Engineers Registration Act.

2.   Interpretation Act No. 24 of 2007 s. 2">

   In this Act unless the context otherwise requires–

   "Appeals Authority" means the Appeals Authority established by section 20;

   "Board" means the Engineers Registration Board established under section 3;

   "consulting engineer" means a person or firm whose name is entered in the register as a consulting engineer in a particular engineering discipline, classification and grade;

   "engineering organization" means organization whose functions involve the planning, designing, processing and the delivery of engineering products and services;

   "engineering project" means a project whose inception, planning, designing, execution, supervision and management require engineering science, technology and management;

   "graduate engineer" means a person whose name is entered in the register as registered graduate engineer;

   "graduate incorporated engineer" means a person whose name is entered in the register as graduate incorporated engineer;

   "Institutions of Engineers" means local or foreign engineering institutions registered in their respective countries and their members are engineers whose academic knowledge and practical experience are recognized by the Board;

   "member" in relation to the Board includes the Chairman or the Vice-Chairman;

   "Minister" means the Minister responsible for works;

   "professional engineer" means a person whose name is entered in the register as professional engineer;

   "register" means the register kept under the provisions of section 7;

   "Registrar" means the Registrar of the Engineers Registration Board appointed under section 6;

   "technical institutions" means institutions, agencies or Ministries that–

   (i)   employ engineers and use their services;

   (ii)   are responsible for works, water, communication, transport, agriculture, energy, mining, local government, science and technology, environment, industry and trade.

PART II
THE BOARD (ss 3-5)

3.   Establishment of Engineers Registration Board

   (1) There is hereby established a Board to be known as the Engineers' Registration Board which shall have responsibility for regulating the activities and conduct of engineers' and engineering consulting firms in accordance with the functions and powers conferred upon it by this Act.

   (2) The Board shall–

   (a)   be a body corporate with perpetual succession and a common seal;

   (b)   in its corporate name be capable of suing and being sued;

   (c)   for and in connection with the purposes of this Act, be capable of acquiring, holding and disposing of movable and immovable property in its corporate name.

   (3) The provisions of the Schedule to this Act shall have effect as to the constitution and proceedings of the Board and otherwise in relation to the Board.

   (4) The Minister may, by order published in the Gazette, amend, add to, vary or revoke and replace the provisions of the Schedule to this Act.

4.   Functions of the Board Act No. 24 of 2007 s. 3">

   (1) Subject to the provisions of this Act and any regulations made thereunder the functions of this Board shall be–

   (a)   to maintain and keep a register of engineers, including consulting engineers or firms providing engineering services;

   (b)   to consider and decide on applications for registration;

   (c)   to provide facilities and opportunities for learning professional exposure and skills acquisition; and cause to be held professional development programmes for engineers and engineering technicians;

   (d)   to sponsor, arrange and provide for facilities for conferences, seminars, workshops and consultations on matters related to the field of engineering;

   (e)   to promote and maintain professional conduct and integrity of the engineering profession;

   (f)   to monitor the conduct and activities of engineers, including consulting engineers or firms;

   (g)   to arrange for the publication and dissemination of materials produced in connection with the work and activities of the Board;

   (h)   to certify academic awards given by training institutions for consideration in an application made under section 10;

   (i)   to plan, arrange, coordinate and oversee the professional training of local graduate engineers;

   (j)   to collaborate with the Tanzania Commission for Universities and other relevant institutions on the accreditation of programs for training of engineers and facilitate for the same;

   (k)   to enter and inspect sites where construction, installation, erection, alteration, renovation, maintenance, processing, or manufacturing works are in progress for the purpose of verifying that–

      (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;

   (l)   to enter and inspect 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 engineering 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 consulting firms that practice engineering or offer engineering consultancy services in areas outside their competence for which they are not registered;

   (p)   to conduct examinations for purposes of registration and grant certificate, diplomas and other awards of the Board to successful candidates;

   (q)   to impose penalties on engineers, persons, employers of engineers, firms and engineering consulting firms found guilty of professional misconduct for contravening any provisions of this Act;

   (r)   to collaborate with local engineering training institutions, professional association and other organizations in matters related to training, professional development of engineers, engineering technicians, and other relevant Board activities;

   (s)   to provide a link between engineers seeking employment and prospective employers.

   (t)   to carry out such other functions as the Minister may, from time to time direct after consultation with the Board.

   (2) The Board may delegate some of its functions to local engineering professional association or institutions, but shall set standards and ensure their compliance.

5.   Limitation of liability Act No. 24 of 2007 s. 4">

   A member of the Board, Secretariat, or a person under whom performance of the functions of the Board have been delegated, shall not be personally liable for any act or default of the Board done or omitted in good faith in the course of carrying out responsibilities and functions of or exercising the powers conferred upon the Board.

PART III
REGISTRATION (ss 6-14)

6.   Appointment of Registrar

   The Board shall appoint a Registrar of the Board who shall be a registered engineer and who shall hold and vacate office in accordance with the terms of his appointment.

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