Cancellation of the employment license of the head of Tehran's engineering system in the analysis of the disputes between the Ministry of Roads and Urban Development and the Engineering System Organization
According to FCNN news agency; This morning, the Deputy Minister of Roads and Urban Development suspended the employment license of the head of Tehran's engineering system in a letter and notified it to the Director of Roads and Urban Development of Tehran Province.
In this correspondence, it is stated that due to the failure to comply with the notifications and announcements of the Ministry of Roads and Urban Development in numerous cases by Mr. Engineer Hassan Ghorbankhani, Head of the Construction Engineering System Organization of that province, who holds a license to work in the field of civil engineering, which has caused irregularities in the provision of engineering services and consequently disrupting the activities of stakeholders and relevant institutions, it is hereby announced that the decision of the high official of the Ministry to suspend his engineering work license is based on Section C of Article 23 of the Executive Regulations of the Engineering System and Building Control Law approved in 1375, and that it is appropriate to order that the matter be notified to him and the relevant institutions.
It seems that the conflicts and disagreements of the past few months between the National Engineering Organization and the Ministry of Roads and Urban Development, and the numerous protests by the National Center of Mass Builders, have taken on a more serious form and deepened. In February of last year, the Minister of Roads and Urban Development, Akhundi, issued a letter to the general directors of roads and urban development in the provinces across the country, ordering the cancellation of the five percent deduction of the supervision fee (supervising engineers) from the employer's deposit into the account of the Provincial Engineering Organization of the country, effective February 10 of this year.
Immediately after the publication of this directive, Farajollah Rajabi, the head of the country's civil engineering system council, sent a letter to the heads of provincial engineering organizations informing them of the failure to notify the Minister of Roads' directive due to its illegality, and warned them that they were not authorized to implement the clerical directive and that violators would be dealt with.
Part of this letter stated; "In light of the questions from some provinces, we would like to inform you that the recent circular of the Minister of Roads and Urban Development, entitled "Procedures for Note (2) of Article 24 of the Executive Regulations of Article 33 of the Engineering and Building Control Law", was reviewed at the Central Council meeting on April 10, 2018, and it was decided that, given its inconsistencies with the regulations of Article 33, the matter should be referred to the Honorable Minister of Roads and Urban Development and its notification should be avoided."
Referring to Article 23 of the Building Engineering and Control System Law, which explicitly states that the responsibility for implementing the decisions of the Central Council lies with the chairman of the council, it can be said that Engineer Rajabi's view and his objection in this regard are legal and justified. Because the law can only be changed with a new law and through legal procedures in the competent authorities, not with a ministerial circular. And in the Building Engineering and Control System Law, the General Assembly is the highest authority in the provincial building engineering system organizations that approved this 5 percent. Therefore, only the assembly itself can cancel it and reduce or increase it.
On the other hand, it seems that the Minister of Roads and Urban Development has considered the Engineering System Organization as a dependent organization that has directly attempted to cancel the resolution of the general assembly of that organization. This issue has been objected to by many. Therefore, the parliament has intervened in this disagreement and is currently investigating it.
Finally, it should be known that:
1) Does the Minister of Roads' notification conflict with the Constitution or other applicable laws, and is the Engineering System Organization defined as an independent organization or dependent?
2) The multiple circulars of the Minister of Roads and Urban Development, which cover a wide range of engineering system duties, construction supervision, a ban on withholding 5% of the fees of supervising engineers, etc., have become a place for conflict between the head of the engineering system, the Minister of Roads and Urban Development, and some clerical deputies. In this regard, a unified approach must be taken.
3) The supervising engineers are also not happy with the decision to receive this 5% and continue to protest. Because they believe that the board of directors and managers of the engineering system have abused the supervising engineers during this period, especially in Tehran, with these amounts received, and have placed the money received from them in banks as collateral for advancing personal and specific group goals. Including purchasing numerous properties and launching new projects in cooperation and collusion with the Ayandeh Bank and making unknown promises to members. In addition, if any accident occurs, the supervising engineer is solely responsible and the organization will not support them.
4) Municipalities also play a number of roles in this regard, and unfortunately, in recent years, the municipality has been responsible for selecting the supervisor for each building, and the municipality's performance has become clear to everyone. Because they, too, receive money and choose influential supervisors, depriving many others.
