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Thursday 7 November 2013

FACT: Final Notice of Qatar to Engineers


Final Notice:

To all Engineers in the State of Qatar, directors of the consulting offices engineers who are working in construction, and all those who are working in engineering professions in the private sectors.

We would like to inform you that it is very important TO REGISTER urgently all of your engineers in the professional Engineering Committee. In the case of not taking the required actions, we will take the legal actions and apply immediately the CHAPTERS No. 5 and 6 of the Law No. 19 of 2005.

FULL ARTICLE CAN BE DOWNLOADED HERE:

Please note of the content of Chapters 5 and 6:

CHAPTER  FIVE
DISCIPLINE
Article (22)
The Committee may, on its own motion or upon complaint made to it, conduct investigation with the Engineers enrolled in Register of the Offices of Engineers and the Engineering Consultancies licensed to practice the profession, on acts which are likely to injure the honor and dignity of profession or offend its traditions, or which entail negligence of duties or violate a provision of this law, its implementing regulations, or decisions.
The Committee may appoint one or more of its Members or the Authority’s engineers to conduct the investigation with the violator.
In conducting the investigation, the investigator may use the assistance of those with experience from Authority’s engineers, other officials of the government, public authorities, or public institutions.
In all cases, the investigation must be in writing and submitted to the Committee coupled with investigator’s opinion.
Article (23)
The Committee may decide to file the investigation or commit the violator to the First Instance Disciplinary Board within thirty days from the date of submitting the investigation to it.
Article (24)
The First Instance Disciplinary Board shall be constituted under the presidency of a judge from the court of first instance to be selected by the Supreme Judicial Council and with the membership of an engineer from the Authority and another engineer from one of the Engineering Consultancies Offices both to be selected by the General Director. The meeting of the Board shall not be valid unless it is attended by all of its Members.
Article (25)
The First Instance Disciplinary Board shall decide on the violations after giving notice to the violator to attend before it, at least  fifteen days prior to the date assigned for holding the session by a registered letter containing summary of the violations attributed to him, the date, time, and place of holding the session. The Board sessions shall be closed sessions.
Article (26)
The violator may make his defense verbally or in writing by himself or by one of his profession practicing colleagues whom he authorizes or by a lawyer.
The Board may decide that the violator should attend in person, and if he fails to attend despite being notified, the decision may be taken in his absence.
The Board shall issue its decision by majority of Members and the decision must be reasoned.
Article 27
The disciplinary penalties which may be imposed on the violating engineer are:

1.     Warning.

2.     Suspension of practicing the profession for a period not exceeding one year.

3.     Deleting the name from the register.

The disciplinary penalties which may be imposed on the violating Local or International Engineering Consultancy Offices are:

1.       Warning.

2.    Suspension of practicing the profession for a period not exceeding one year and a fine not exceeding fifty thousand riyals (50,000.00) or one of these two penalties.

3.       Deleting the office from the register.


Article (28)
The violator may complain against the decision of the First Instance Disciplinary Board before the Appellate Disciplinary Council within (15) fifteen days from the date of issuing the decision of the First Instance Disciplinary Board and his notification therewith.
The complaint must be presented to the Appellate Disciplinary Board in a paper containing the reasons for contesting the decision.
Presentation of complaint in time shall result in staying execution of the penalty until the complaint is disposed of by the Appellate Disciplinary Council.
Article (29)
The Appellate Disciplinary Board shall be formed under the presidency of one of the appellate court judges selected by the Supreme Judicial Council and the membership of an engineer from the Authority and an engineer from one of the Engineering Consultancy Offices both selected by the Director General, provided that no one who conducted the investigation or was a member of the First Instance Disciplinary Board shall participate in the Board.  The meeting of the Council shall not be valid except by the attendance of all its members.
The Appellate Disciplinary Board may affirm, commute, or annul the disciplinary penalty and shall issue its decision by the majority of its Members, and its decision shall be final in this respect.
Article (30)
The Engineers, enrolled in the Register of Engineers, and the Offices of Engineering Consultancies may not be subjected to disciplinary action for violations which have come to the knowledge of those concerned since three years before.
Article (31)
Final disciplinary judgments and decisions shall be entered in a special record made for this purpose, and their content shall be transcribed in the Register of the Engineer concerned or the Engineering Consultancies Office as the case may be.
The Committee shall notify all ministries, the other governmental organs, and public authorities and institutions of the final disciplinary judgments and decisions introduced for deletion or suspension from practicing the profession or imposing fine.
Article (32)
Any one against whom a final disciplinary decision has been passed for deleting his name from the Register wherein the name it is enrolled may apply to the Committee after three years at least from the date of passing such decision for re-enrolling his name in the Register.
The Committee shall, within thirty days from the date of filing the application, deliver its decision on either re-enrolling or refusing to reenroll his name in the Register.
In case of refusal, the Engineer or the Office of Engineering Consultancies may not submit another application except after the elapse of one year at least from the date of the refusal decision.
The same procedures provided for in this Law shall be followed in submitting the application for re-enrollment.
 CHAPTER SIX
PUNISHMENTS
Article (33)
Without prejudice to any severer punishment provided for by another law, a punishment with imprisonment for a period not exceeding three years and a fine not exceeding fifty thousand Riyals or one of them shall be imposed upon any one who has:
1. Practiced one of the Engineering Professions without license or falsely personated an engineer.
2. Practiced the profession after deleting his name from the Register where it was enrolled or after his suspension from practicing the profession.
3. Published, broadcast an advertisement, or other means of publicity with the intent of leading the public to believe that he holds the right to practice the Engineering Profession though not being enrolled in the Register, or his name has been stricken off, or he has been suspended from practicing the profession.
4. Succeeded to enroll his name in one of the Registers of the Engineering Professions by giving false information or providing certificates not conforming to reality.
The court may, according to the circumstances, decide to close down the office, remove the plates, destroy advertisements and other means of publicity and delete the name from the Register where it is enrolled. The Committee shall be notified of the decision.
Article (34)
If the committer, or the one responsible for the crime, is a legal person, the punishments provided for in the preceding Article shall apply to its legal representative, who shall be excused from punishment if he proved that the crime occurred without his knowledge or against his will.

COMPLETE COPY OF LAW No. 19 CAN BE DOWNLOADED HERE:


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