Malawi
Engineers Act
Chapter 53:03
- Assented to on 9 December 1972
- Commenced on 1 March 1974
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short title
This Act may be cited as the Engineers Act.2. Interpretation
In this Act, save where the context otherwise requires—“approved institution” means any university, institute, college or school of engineering or other educational institution approved by the Board pursuant to section 12 (d);“Board” means the Board of Engineers established by section 3;“Chairman” means the Chairman of the Board designated by the Minister pursuant to section 4 (3);“Current Register” means that Part of the Register of Registered Engineers designated as such in section 19 (6) (b);[9 of 1988]“disciplinary committee” means the disciplinary committee of the Board constituted in accordance with section 29;“engineering” means the doing or performing of any prescribed engineering work or activity constituting the practice of engineering under section 13 or of any other work or activity required, under this Act, or any other written law, to be done or performed by a person registered under this Act;“financial year” means the period commencing on the date of commencement and ending on the following 31st March, and thereafter the period of twelve months ending on the 31st March each year;“Graduate Engineer” means any person registered as such in the Register of Graduate Engineers, pursuant to section 23;“Main Register” means that Part of the Register of Registered Engineers designated as such in section 19 (6) (a);[9 of 1988]“prescribed engineering work or activity” means any engineering work or activity prescribed as the practice of engineering pursuant to section 13 and includes any other work or activity required under this Act, or under any other written law, to be done or performed by a person registered under this Act;“Register” means the Register of Engineers, or the Register of Graduate Engineers or the Register of Selected Registered Engineers, or Register of Technician Engineers or Register of Engineering Technicians as the case may be, maintained by the Board pursuant to section 19;“Registered Engineer” means any person registered as such in the Register of Engineers;“Registered Engineering Technician” means any person registered as such in the Register of Engineering Technicians pursuant to section 23B;[9 of 1988]“Registered Technician Engineer” means any person registered as such in the Register of Technician Engineers pursuant to section 23A;[9 of 1988]“Registrar” means the Secretary to the Board, designated Registrar by section 8 (2);“rule” means any rule prescribed by the Board under this Act;“Secretary” means the Secretary to the Board designated by the Minister pursuant to section 8(1);“Selected Registered Engineer” means any Registered Engineer registered as a Selected Registered Engineer pursuant to section 26;“Vice-Chairman” means the Vice-Chairman of the Board designated by the Minister pursuant to section 4 (3).[39 of 1981]Part II – Administration
A. Board of Engineers
3. Establishment of Board of Engineers
4. Composition of the Board
5. Disqualifications
Any person who—6. Tenure of office of members of Board, and vacancies thereon
7. Remuneration of members of Board
Any member of the Board who is not an officer in the public service shall be paid out of the funds of the Board such remuneration and allowances, if any, as may be prescribed.8. Secretary /Registrar
9. Meetings of the Board
10. Committees of the Board
B. Powers and objects of the Board
11. Powers of the Board
The Board shall be the sole qualifying and registering authority of the engineering profession in Malawi and shall have the following powers—12. Objects and duties of the Board
The objects and duties of the Board shall be—13. Prescribed practice of engineering
Part III – Financial and accountancy provisions
14. Funds of the Board
The funds of the Board shall consist of—15. Investment powers
The Board shall have power to invest any moneys which are not immediately required for its objects.16. Borrowing powers
Subject to the provisions of section 32 (1) of the Finance and Audit Act, the Board may borrow temporarily, by way of overdraft or otherwise, such sums as it may require for meeting its obligations or discharging its functions under this Act.[Cap. 37:01]17. Annual budgets
The Board shall, in relation to each financial year, submit to the Minister both a capital and an income and expenditure budget pursuant to sections 32B and 32C of the Finance and Audit Act.[Cap. 37:01]18. Books, accounts, audits and reports
Part IV – Registration
19. Registers
20. Engineers must be registered
21. Applications to the Board
Every application for registration under this Act shall be made to the Board in the form and manner prescribed and shall be accompanied with the appropriate prescribed fee.22. Registration as Registered Engineer
23. Registration as a Graduate Engineer
23A. Registration as a Technician Engineer
23B. Registration as an Engineering Technician
24. Engineering Qualifying Examination
25. Registration of public officers as Registered Engineers
26. Registration of Selected Registered Engineers
27. Certificate of registration
The Registrar shall issue to every person registered as a Registered Engineer, as a Graduate Engineer, a Technician Engineer or an Engineering Technician, as the case may be, under this Act, a certificate of registration in the appropriate prescribed form.[39 of 1981][9 of 1988]28. Correction of Registers
Part V – Disciplinary Provisions
29. Disciplinary committee
30. Powers of inquiry of disciplinary committee
The disciplinary committee shall be empowered to inquire into the conduct of Registered Engineers, Graduate Engineers, Technician Engineers and Engineering Technicians, in accordance with the provisions of this Part, and to report its findings on any such inquiry, and make recommendations thereon, to the Board.[39 of 1981][9 of 1988]31. Inquiry by disciplinary committee
32. Disqualification of member of disciplinary committee
33. Report to Board by disciplinary committee
34. Decision of Board; reprimand, suspension and cancellation of registration; appeal to High Court
Part VI – Miscellaneous
35. Use of title
36. Execution of certificates and other documents
No certificate or other document which is required by law, or under the terms or conditions of any contract, to be signed by a duly qualified engineer, shall, if so signed in Malawi, be valid unless signed by a person duly registered, and competent to sign such certificate or other document, under this Act.37. Regulations
The Minister may, from time to time, by Regulations, made by notice in the Gazette, prescribe anything which by the provisions of this Act may be prescribed and in respect of which no other prescribing authority is specified, and may, in like manner, from time to time, make Regulations for the better carrying out of this Act, and without prejudice to the generality of the foregoing, such Regulations may make provision for—Part VII – Offences
38. Unlawful practice of engineering
Save where this Act otherwise provides, any person who is not registered under this Act, and who, in Malawi—39. Unlawful use of descriptions
Any person who, in relation to himself or to any business which he owns, manages or controls, assumes or uses, in Malawi—40. Unlawful employment of non-registered persons
41. Fraudulent entries and copies
Any person who knowingly and fraudulently makes, or causes, or permits to be made—History of this document
01 March 1974
Commences.
09 December 1972
Assented to.