Architects Act
An Act to provide for the registration of architects and for matters connected therewith.
Chapter I - Preliminary
1. Short title, extent and commencement
2. Definitions
Chapter II - Council Of Architecture
3. Constitution of Council of Architecture
4. President and Vice-President of Council
5. Mode of elections
6. Terms of office and casual vacancies
7. Validity of act or proceeding of Council, Executive Committee or other committees not to be invalidated by reason of vacancy, etc
8. Disabilities
9. Meetings of Council
10. Executive Committee and other committees
11. Fees and allowances to President, Vice President and members
12. Officers and other employees
13. Finances of Council
14. Recognition qualifications granted by authorities in India
15. Recognition of architectural qualifications granted by authorities in foreign countries
16. Power of Central Government to amend Schedule
17. Effect of recognition
18. Power require information as to courses of study and examinations
19. Inspections of examinations
20. Withdrawal of recognition
21. Minimum standard of architectural education
22. Professional conduct
Chapter III - Registration Of Architects
23. Preparation and maintenance of register
24. First preparation of register
25. Qualification for entry in register
26. Procedure for subsequent registration
27. Renewal fees
28. Entry of additional qualification
29. Removal from register
30. Procedure in inquiries relating to misconduct
31. Surrender of certificates
32. Restoration to register
33. Issue of duplicate certificates
34. Printing of register
35. Effect of registration
Chapter IV - Miscellaneous
36. Penalty for falsely claiming to be registered
37. Prohibition against use of title
38. Failure to surrender certificate of registration
39. Cognizance of offences
40. Information to furnished by Council and publication thereof
41. Protection of action taken in good faith
42. Members of Council and officers and employees to be public servants
43. Power to remove difficulties
44. Power of Central Government to make rules
45. Power of Council to make regulations
The Schedule
Chapter I - Preliminary
1. Short title, extent and commencement
(1) this Act may be called the Architects Act,
1972.
(2) it extends to the whole of
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions
In this, Act, unless the context otherwise
requires,-
(a) "architect" means a person whose
name is for the time being entered in the register;
(b) "Council" means the Council of
Architecture constituted under section 3:
(c) "Indian Institute of Architects" means the Indian Institute of
Architects registered under the Societies Registration Act, 1860 (21 of 1860);
(d) "recognized qualification" means
any qualification in architecture for the time being included in the Schedule
or
notified under section 15;
(e) "register" means the register of
architects maintained under section 23;
(f) "regulation" means a regulation made under this Act by the
Council;
(g) "rule" means a rule made under this Act by the Central Government.
Chapter II - Council Of Architecture
3. Constitution of Council of Architecture
(1) The Central Government shall, by
notification in the Official Gazette, constitute, with effect from such date as
may be specified in the notification, a Council to be known as the Council of
Architecture, which shall be a body corporate, having perpetual succession and
a common seal, with power to acquire, hold and dispose of property, both
movable and immovable, and to contract, and may by that name sue or be sued.
(2) The Head Officer of the Council shall be
at Delhi or at such other place as the Central Government may, by notification
in the Official Gazette, specify.
(3) The Council shall consist of the following members, namely :-
(a) five architects
possessing recognized qualifications elected by the Indian Institute of
Architects from among its members :
(b) two persons
nominated by the All India Council for Technical Education established by the
Resolution of the Government of India in the late Ministry of Education
No.F.16-10/44-E.III, dated the 30th November, 1945;
(c) five person selected from among themselves by heads of architectural
institutions in India imparting full-time instruction for recognized
qualifications;
(d) the Chief Architects in the Ministries of the Central Government to which
the Government business relating to defense and railways has been allotted and
the head of the Architectural Organization in the Central Public Works
Department, ex officio;
(e) one person nominated
by the Central Government;
(f) an architect from
each State nominated by the Government of that State(g) two person nominated by the Institution of Engineers (India) from among its
members; and
(h) one person
nominated by the Institution of Surveyors of India from among its members.
Explanation.-For the purposes of
this sub-section,-
(a) " Institution
of Engineers (India)" means the Institution of Engineers (India first
registered in 1920 under the India Companies Act, 1913 (7 of 1913) and subsequently
incorporated by a Royal Charter in 1935.
(b) "Institution
of Surveyors of India" means the Institution of Surveyors registered under
the Societies Registration Act, 1860 (21 of 1860).
(4) Notwithstanding anything contained in
clause (a) of sub-section (3), the Central Government may, pending the
preparation of the register, nominate to the first Council, in consultation
with the Indian Institution of Architects, persons referred to in the said
clause (a) who are qualified for registration under section 25, and the persons
so nominated shall hold officer for such period as the Central Government may,
by notification in the Official Gazette, specify.
(5) Notwithstanding anything contained in clause (f) of sub-section (3), the Central Government may, pending the preparation of the register, nominate to the first Council, in consultation with the State Governments concerned, persons referred to in the said clause (f), who are qualified for registration under section 25, and the person so nominated shall hold officer for such period as the Central Government may, by notification in the Official Gazette, specify.
4. President and Vice-President of Council
(1) The President and the Vice-President of
the Council shall be elected by the members of the Council from
among themselves :
Provided that on the first constitution of the
Council and until the President is elected, a member of the Council nominated
by the Central Government in this behalf shall discharge the functions of the
President.
(2) An elected President or Vice-President of
the Council shall hold officer for a term of three years or till he ceases to
be a member of the Council, whichever is earlier, but subject to his being a
member of the Council, he shall be eligible for re-election :
Provided that-
(a) the President or the Vice-President may,
by writing under his hand addressed to the Vice-president or the President, as
the case may be resign his office;
(b) the President or the Vice-President shall,
notwithstanding the expiry of this term of three years, continue to hold
officer until his successor enters upon office.
(3) The President and the Vice-president of the Council shall exercise such powers and discharge such duties as may be prescribed by regulations.
5. Mode of elections
(1) Elections under this Chapter shall be
conducted in such manner as may be prescribed by rules.
(2) Where any dispute arises regarding any
such election, the matter shall be referred by the Council to a Tribunal appointed
by the Central Government by notification in the Official Gazette in this
behalf, and the decision of the Tribunal shall be final :
Provided that no such reference shall be made
except on an application made to the Council by an aggrieved party within
thirty days from the date of the declaration of the result of the election.
(3) The expenses of the Tribunal shall be borne by the Council.
6. Terms of office and casual vacancies
(1) Subject to the provision s of this
section, an elected or nominated member shall hold officer for a term of three
years from the date of his election or nomination or until his successor has
been duly elected or nominated, whichever is later.
(2) An elected or nominated member may, at any time, resign his membership by
writing under his hand addressed to the President, or in his absence, to the
Vice-President, and the seat of such member shall thereupon become vacant.
(3) A member shall be deemed to have vacated his seat-
(i) if he is absent
without excuse, sufficient in the opinion of the Council, from three
consecutive ordinary meetings of the Council; or
(ii) if he ceases to
be a member of the body referred to in clause (a), clause (g) or clause (h) of
sub-section (3) of section 3 by which he was elected or nominated, as the case
may be; or
(iii) in the case
where he has been elected under clause (c) of sub-section (3) of section 3, if
the ceases to hold his appointment as the head of an institution referred to in
the said clause.
(4) casual vacancy in the Council shall be
filled by fresh election or nomination, as the case may be, and the person so
elected or nominated to fill the vacancy shall hold office only for the
remainder of the term for which the member whose place he takes was elected or
nominated.
(5) Members of the Council shall be eligible fore re-election or re-nomination, but not exceeding three consecutive terms.
7. Validity of act or proceeding of Council, Executive Committee or other committees not to be invalidated by reason of vacancy, etc
No act or proceeding of the Council or the
Executive Committee or any other committee shall be invalid merely by reason
of-
(a) any vacancy in, or defect in the
constitution of, the Council, the Executive committee or any other committee,
or
(b) any defect in the election or nomination
of a person acting as a member there of, or
(c) any irregularity in procedure not affecting the merits of the case.
8. Disabilities
A person shall not be eligible for election or
nomination as a member of the Council, if he-
(a) is an undischarged insolvent; or
(b) has been convicted by a court in India for any offence and sentenced to imprisonment for not less than two years, and shall continue to be ineligible for a further period of five years since his release.
9. Meetings of Council
(1) The Council shall meet at least once in
every six months at such time and place and shall observe such rules of
procedure in regard to the transaction of business at its meetings as may be
prescribed by regulations.
(2) Unless otherwise prescribed by
regulations, nine members of the Council shall form a quorum, and all the acts
of the Council shall be decided by a majority of the members present and
voting.
(3) In the case of an equal division of votes, the President, or in his absence, the Vice-President or, in the absence of both , the member presiding over the meeting, shall have and exercise a second or casting vote.
10. Executive Committee and other committees
(1) The Council shall constitute from among
its members an Executive Committee, and may also constitute other committees
for such general or special purposes as the Council deems necessary to carry
out its functions under this Act.
(2) The Executive Committee shall consist of the President and the
Vice-President of the Council who shall be member ex-officio and five other
members who shall be elected by the Council from among its members.
(3) The President and the Vice-president of
the Council shall be the Chairman and Vice-Chairman respectively of the
Executive Committee.
(4) A member of the Executive Committee shall
hold office as such until the expiry of his term as a member of the Council but
subject to his being a member of the Council, he shall be eligible for
re-election.
(5) In addition to the powers and duties conferred and imposed on it by this Act, the Executive committee shall exercise such powers and discharge such duties as may be prescribed by regulations.
11. Fees and allowances to President, Vice President and members
The President, the Vice-President and other members of the Council shall be entitled to such fees and allowances as the Council may, with the previous sanction of the Central Government fix, in this behalf.
12. Officers and other employees
(1) The Council shall-
(a) appoint a
Registrar who shall act as its Secretary and who may also act, if so decided by
the Council, as its treasurer;
(b) appoint such other
officers and employees as the Council deems necessary to enable it to carry out
its functions under this Act;
(c) with the previous sanction of the Central Government, fix the pay and
allowances and other conditions of service of officers and other employees of
the Council.
(2) Notwithstanding anything contained in
clause (a) of sub-section (1), for the first three years from the first
constitution of the Council, the Registrar of the Council shall be a person
appointed by the Central Government, who shall hold office during the pleasure
of the Central Government.
(3) All the persons appointed under this section shall be the employees of the Council.
13. Finances of Council
(1) There shall be established a Fund under
the management and control of the Council in to which shall be paid all moneys received
by the Council and out of which shall be met all expenses and liabilities
properly incurred by the Council.
(2) The Council may invest any money for the time being standing to the credit
of the Fund in any Government security or in any other security approved by the
Central Government.
(3) The Council shall keep proper accounts of
the Fund distinguishing capital from revenue.
(4) The annual accounts of the Council shall be subject to audit by an auditor
to be appointed annually by the Council.
(5) As soon as may be practicable at the end
of each year, but no later than the thirtieth day of September of the year next
following, the Council shall cause to be published in the Official Gazette a
copy of the audited accounts and the report of the Council for that year and
copies of the said accounts and report shall be forwarded to the Central
Government.
(6) The Fund shall consist of-
(a) all moneys
received from the Central Government by way of grant, gift or deposit;
(b) any sums received under this Act whether by way of fee or otherwise.
(7) All moneys standing at the credit of the Council which cannot immediately be applied shall be deposited in the State Bank of India or in any other bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970)
14. Recognition qualifications granted by authorities in India
(1) The qualifications included in the
Schedule or notified under section 15 shall be recognized qualifications for
the purposes of this Act.
(2) Any authority in India which grants an
architectural qualification not included in the Schedule may apply to the
Central Government to have such qualification recognized, and the Central
Government, after consultation with the Council, may, by notification in the
Official Gazette. Amend the Schedule so as to include such qualification
therein, and any such notification may also direct that an entry shall be made
in the Schedule against such architectural qualification declaring that it
shall be a recognized qualification only when granted after a specified date :
Provided that until the first Council is constituted, the Central Government shall, before issuing any notification as aforesaid, consult an expert committee consisting of three members to be appointed by the Central Government by notification in the Official Gazette.
15. Recognition of architectural qualifications granted by authorities in foreign countries
(1) The Central Government may, after
consultation with the Council, direct, by notification in the Official Gazette,
that an architectural qualification granted by any university or other
institution in any country outside India in respect of which a scheme of
reciprocity for the recognition of architectural qualification is not in force,
shall be a recognized qualification for the purposes of this Act or, shall be
so only when granted after a specified date or before a specified date :
Provided that until the first Council is constituted
the Central Government shall, before issuing any notification as aforesaid,
consult the expert committee set up under the proviso to sub-section (2) of
section 14.
(2) The Council may enter into negotiations with the authority in any State or country outside India, which by the law of such State or country is entrusted with the maintenance of a register of architects, for settling of a scheme of reciprocity for the recognition of architectural qualifications, and in pursuance of any such scheme, the central Government may, by notification in the Official Gazette, direct that such architectural qualification as the Council has decided should be recognized, shall be deemed to be a recognized qualification for the purposes of this Act, any such notification may also direct that such architectural qualification shall be so recognized only when granted after a specified date or before a specified date.
16. Power of Central Government to amend Schedule
Notwithstanding anything contained in sub-section (2) of section 14, the Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the Schedule by directing that an entry be made therein in respect of any architectural qualification.
17. Effect of recognition
Notwithstanding anything contained in any other law, but subject to the provisions of this Act, any recognized qualification shall be a sufficient qualification for enrolment in the register.
18. Power require information as to courses of study and examinations
Every authority in India which grants a recognized qualification shall furnish such information as the Council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification.
19. Inspections of examinations
(1) The Executive Committee shall, subject to
regulations, if any, made by the Council, appoint such number of inspectors as
it may deem requisite to inspect any college or institution where architectural
education is given or to attend any examination held by any college or
institution for the purpose of recommending to the Central Government
recognition of architectural qualifications granted by that college or
institution.
(2) The inspector shall not interfere with the
conduct of any training or examination, but shall report to the Executive
Committee on the adequacy of the standards of architectural education including
staff, equipment, accommodation, training and such other facilities as may be
prescribed by regulations for giving such education or on the sufficiency of
every examination which they attend.
(3) The Executive committee shall forward a copy of such report to the College or institution and shall also forward copies with remarks, if any, of the college or institution thereon, to the Central Government.
20. Withdrawal of recognition
(1) When upon report by the Executive
Committee it appears to the Council-
(a) that the courses
of study and examination to be undergone in, or the proficiency required from
the candidates at any examination held by, any college or institution, or
(b) that the staff,
equipment, accommodation, training and other facilities for staff and training
provided in such college or institution, do not conform to the standards
prescribed by regulations, the council shall make a representation to that
effect to the appropriate Government.
(2) After considering such representation the
appropriate Government shall forward it along with such remarks as it may
choose to make to the college or institution concerned, with an intimation of
the period within which the college or institution, as the case may be, may
submit its explanation to the appropriate Government.
(3) On receipt of the explanation or where no
explanation is submitted within the period fixed, then on the expiry of that
period, the State Government, in respect of the college or institution referred
to in clause (b) of sub-section (5), shall make its recommendations to the
Central Government.
(4) The Central Government-
(a) after making such
further enquiry, if any, as it may think fit, in respect of the college or
institution referred to in sub-section (3), or
(b) on receipt of the
explanation from a college or institution referred to in clause (a) of
sub-section (5), or where no explanation is submitted within the period fixed,
then on the expiry of that period, may, by notification in the Official
Gazette, direct that an entry shall be made in the Schedule against the
architectural qualification awarded by such college or institution, as the case
may be, l declaring that it shall be a recognized qualification only when
granted before a specified date and the Schedule shall be deemed to be amended
accordingly.
(5) For the purposes
of this section, "appropriate government" means-
(a) in relation to any
college or institution established by an Act of Parliament or managed ,
controlled or financed by the Central Government, the Central Government, and
(b) in any other case
the State Government.
21. Minimum standard of architectural education
The Council may prescribe the minimum standards of architectural education required for granting recognized qualifications by colleges or institutions in India.
22. Professional conduct
(1) The Council may by regulations prescribe
standards of professional conduct and etiquette and a code of ethics for
architects.
(2) Regulations made by the Council under sub-section (1) may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such provision shall have effect notwithstanding anything contained in any law for the time being in force.
Chapter III - Registration Of Architects
23. Preparation and maintenance of register
REGISTRATION OF ARCHITECTS
(1) The Central Government shall, as soon as
may be, cause to be prepared in the manner hereinafter provided a register of
architects for India.
(2) The Council shall upon its constitution
assume the duty of maintaining the register in accordance with the provisions
of this Act.
(3) The register shall include the following
particulars, namely:-
(a) the full name with
date of birth, nationality and residential address of the architect;
(b) his qualification for registration, and the date on which he obtained that
qualification and the authority which conferred it;
(c) the date of this
first admission to the register;
(d) his professional
address; and
(e) such further particulars as may be prescribed by rules.
24. First preparation of register
(1) For the purposes of preparing the register
of architects for the first time, the Central Government shall, by notification
in the Official Gazette, constitute a Registration Tribunal consisting of three
persons who have, in the opinion of the Central Government, the knowledge of,
or experience in, architecture; and the Registrar appointed under section 12
shall act as Secretary of the Tribunal.
(2) The Central Government shall, by the same or a like notification, appoint a
date on or before which application for registration, which shall be
accompanied by such fee as may be prescribe by rules, shall be made to the
Registration Tribunal.
(3) The Registration Tribunal shall examine every application received on or
before the appointed day and if it is satisfied that the applicant is qualified
for registration under section 25, shall direct the entry of the name of the
applicant in the register.
(4) The first register so prepared shall thereafter be published in such manner
as the Central Government may direct and any person aggrieved by a decision of
the Registration Tribunal expressed or implied in the register so published
may, within thirty days from the date of such publication, appeal against such
decision to an authority appointed by the Central Government in this behalf by
notification in the Official Gazette.
(5) The authority appointed under sub-section
(4) shall, after giving the person affected an opportunity of being heard and
after calling for relevant records, make such order as it may deem fit.
(6) The Registrar shall amend, where
necessary, the register in accordance with the decisions of the authority
appointed under sub-section (4).
(7) Every person whose name is entered in the
register shall be issued a certificate of registration in such form as may be
prescribed by rules.
(8) Upon the constitution of the Council, the
register shall be given into its custody, and the Central Government may direct
that the whole or any specified part of the application fees for registration
in the first register shall be
paid to the credit of the Council.
25. Qualification for entry in register
A person shall be entitled on payment of such
fee as may be prescribed by rules to have his name entered in the register, if he
resides or carries on the profession of architect in India and-
(a) holds a recognized qualification, or
(b) does not hold such a qualification but,
being a citizen of India, has been engaged in practice as an architect for a
period of not less than five years prior to the date appointed under
sub-section (2) of section 24, or
(c) possesses such other qualifications as may
be prescribed by rules :
Provided
that
no person other than a citizen of India shall be entitled to registration by
virtue of a qualification-
(a) recognized under sub-section (1) of
section 15 unless by the law and practice of a country outside India to which
such person belongs, citizens of India holding architectural qualification
registrable in that country are permitted to enter and practice the profession
of architect in such country, or
(b) unless the Central Government has, in pursuance of a scheme of reciprocity or otherwise, declared that qualification to be a recognized qualification under sub-section (2) of section 15.
26. Procedure for subsequent registration
(1) After the date appointed for the receipt
of applications for registration in the first register of architects, all
applications of registration shall be addressed to the Registrar of the Council
and shall be accompanied by such fees as may be prescribed by rules.
(2) If upon such application the Register is
of opinion that the applicant is entitled to have his name entered in the
register he shall enter thereon the name of the applicant :
Provided that no person, whose name has under
the provisions of this Act been removed from the register, shall be entitled to
have his name re-entered in the register except with the approval of the
Council.
(3) Any person whose application for
registration is rejected by the Registrar may, within three months of the date
of such rejection, appeal to the Council.
(4) Upon entry in the register of a name under this section, the Registrar shall issue a certificate of registration in such form as may be prescribed by rules.
27. Renewal fees
(1) The Central Government may, by
notification in the Official Gazette, direct that for the retention of a name
in the register after the 31st day of December of the year following the year
in which the name is first entered in the register, there shall be paid
annually to the Council such renewal fee as may be prescribed by rules and
where such direction has been made, such renewal fee shall be due to be paid
before the first day of April of the year to which it relates.
(2) Where the renewal fee is not paid before
the due date, the Registrar shall remove the name of the defaulter from the
register :
Provided that a name so removed may be restored
to the register on, such conditions as may be prescribed by rules.
(3) On payment of the renewal fee the Registrar shall, in such manner as may be prescribed by rules, endorse the certificate of registration accordingly.
28. Entry of additional qualification
An architect shall, on payment of such fee as
may be prescribed by rules, be entitled to have entered in the register any
further recognized qualification which he may obtain.
29. Removal from register
(1) The Council may, by order, removing from
the register the name of any architect-
(a) from whom a
request has been received to that effect, or
(b)who has died since
the last publication of the register.
(2) Subject to the provisions of this section,
the Council may order that the name of any architect shall be removed from the register
where it is satisfied, after giving him a reasonable opportunity of being heard
and after such further inquiry, if any, as it may think fit to make,-
(a) that his name has
been entered in the register by error or on account of misrepresentation or
suppression of a material fact; or
(b) that he has been
convicted of any offence which, in the opinion of the Council, involves moral
turpitude; or
(c) that he is an
undischarged insolvent; or
(d) that he has been
adjudged by a competent court to be of unsound mind.
(3) An order under sub-section (2) may direct
that any architect whose name is ordered to be removed from a register shall be
ineligible for registration under this Act for such period as may be specified.
(4) An order under sub-section 92) shall not take effect until the expiry of three months from the date thereof.
30. Procedure in inquiries relating to misconduct
(1) When on receipt of a complain made to it, the
Council is of opinion that any architect has been guilty of professional
misconduct which, if proved, will render him unfit to practice as an architect,
the Council may hold an inquiry in such manner as may be prescribed by rules.
(2) After holding the inquiry under sub-section (1) and after hearing the architect, the Council may, by order, reprimand the said architect or suspend him from practice as an architect or remove his name from the register or pass such other order as it thinks fit.
31. Surrender of certificates
A person whose name has been removed form the register under sub-section (2) of section 27, sub-section (1) or sub-section (2) of section 29 of sub-section (2) of section 30, or where such person is dead, his legal representative, as defined in clause (11) of section 2 of the Code of Civil Procedure, 1908, (5 of 1908) shall forthwith surrender his certificate of registration to the Registrar, and the name so removed shall be published in the Official Gazette.
32. Restoration to register
The Council may, at nay time, for reasons appearing to it to be sufficient and subject to the approval of the Central Government, order that upon payment of such fee as may be prescribed by rules, the name of the person removed from the register shall be restored thereto.
33. Issue of duplicate certificates
Where it is shown to the satisfaction of the Registrar that a certificate of registration has been lost or destroyed, the Registrar may, on payment of such fee as may be prescribed by rules, issue a duplicate certificate in the form prescribed by rules.
34. Printing of register
As soon as may be after the 1st day of April in each year, the Registrar shall cause to be printed copies of the register as it stood on the said date and such copies shall be made available to person applying therefor on payment of such fees as may be prescribed by rules and shall be evidence that on the said date the person whose names are entered therein were architects.
35. Effect of registration
(1) Any reference in any law for the time
being in force to an architect shall be deemed to be a reference to an
architect registered under this Act.
(2) After the expiry of two years from the
date appointed under sub-section (2) of section 24, a person who is registered
in the register shall get preference for appointment as an architect under the
Central or State Government or in any other local body or institution which is
supported or aided from the public or local funds or in any institution
recognized by the Central of State Government.
Comment: Like any other law, registration confers its
own advantages. This section gives preference to a registered architect in
matters of employment in government service and in service of local
authorities. A qualified architect would naturally have preference over an
unqualified person claiming to be an architect. AIR 1983
Chapter IV - Miscellaneous
36. Penalty for falsely claiming to be registered
MISCELLANEOUS
36.Penalty for falsely claiming to be registered.-
If any person whose name is not for the time being entered in the register falsely represents that it so entered, or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable with fine which may extend to one thousand rupees.
37. Prohibition against use of title
(1) After the expiry of one year from the date
appointed under sub-section (2) of section 24, no person other than a
registered architect, or a firm of architects shall use the title and style of
architect:
Provided that the provisions of this section
shall not apply to-
(a) practice of the profession of an architect
by a person designated as a "landscape architect" or "naval
architect";
(b) a person who, carrying on the profession
of an architect in any country outside India, undertakes the function as a
consultant or designer in India for a specific project with the prior
permission of the Central Government.
(i) "landscape
architect" means a person who deals with the design of open spaces
relating to plants trees and landscape;
(ii) "naval
architect" means an architect who deals with design and construction of
ships.
(2) If any person contravenes the provision s of sub-section (1), he shall be punishable on first conviction with fine which may extend to five hundred rupees and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both.
38. Failure to surrender certificate of registration
If any person whose name has been removed from the register fails without sufficient cause forthwith to surrender his certificate of registration, he shall be punishable with fine which may extend to one hundred rupees, and, in the case of a continuing failure, with an additional fine which may extend to ten rupees for each day after the first during which he has persisted in the failure.
39. Cognizance of offences
(1) No Court shall take cognizance of any
offence punishable under this Act, except upon complaint made by order of the
Council or a person authorized in this behalf by the Council.
(2) No Magistrate other than a Presidency Magistrate or a Magistrate of the first class shall try and offence punishable under this Act.
40. Information to furnished by Council and publication thereof
(1) The Council shall furnish such reports,
copies of its minutes, and other information to the Central Government as that
Government may require.
(2) The Central Government may publish, in such manner as it may think fit, any report, copy or other information furnished to it under this section.
41. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government, the Council or any member of the Council, the Executive Committee or any other committee or officers and other employees of the Council for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.
42. Members of Council and officers and employees to be public servants
The members of the Council and officers and other employees of the Council shall be deemed to be public servants within the meaning of section 21(45 of 1860) of the Indian Penal Code.
43. Power to remove difficulties
(1) If any difficulty arises in giving effect
to the provisions of this Act, the Central Government may, by order published
in the Official to Gazette, make such provisions not inconsistent with the
provisions of this Act, as appear to it to be necessary or expedient for
removing the difficulty:
Provided that no such order shall be made under
this section after the expiry of two years from the date of commencement of
this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament and the provisions of sub-section (3) of section 44 shall apply in respect of such order as it applies in respect of a rule made under this Act.
44. Power of Central Government to make rules
(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes of
this Act.
(2) In particular and without prejudice to the
generality of the foregoing power, such rules may provide for all or any of the
following maters, namely:-
(a) the manner in
which elections under Chapter II shall be conducted, the terms and conditions
of service of the member of the Tribunal appointed under sub-section (2) of
section 5 and the procedure to be followed by the Tribunal;
(b) the procedure to be followed by the expert committee constituted under the
proviso to sub-section (2) of section 14 in the transaction of its business and
the powers and duties of the expert committee and the traveling and daily
allowances payable to the members thereof;
(c) the particulars to
be included in the register of architects under sub-section (3) of section 23;
(d) the form in which
a certificate of registration is to be issued under sub-section (7) of Section
24, sub-section (4) of section 26 and section 33;
(e) the fee to be paid under section 24, 25, 26, 27, 28, 32 and 33;
(f) the conditions on which name may be restored to the register under the
proviso to sub-section (2) of section 27;
(g) the manner of
endorsement under sub-section (3) of section 27;
(h) the manner in
which the Council shall hold an enquiry under section 30;
(i) the fee for supplying printed copies of the register under section 34;
(j) any other matter which is to be or may be provided by rules under this Act.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification to the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule
45. Power of Council to make regulations
(1) The Council may, with the approval of the
Central Government, make regulations no t inconsistent with the provisions of
this Act, or the rules made thereunder to carry out the purpose of this Act.
(2) In particular and without prejudice to the
generality of the foregoing power, such regulations may provide for-
(a) the management of
the property of the Council;
(b) the power and
duties of the President and the Vice-President of the Council;
(c) the summoning and holding of meetings of the Council and the Executive
Committee or any other committee constituted under section 10, the time and
places at which such meetings shall be held, the conduct of business thereat and
the number of person necessary to constitute a quorum;
(d) the functions of the Executive Committee or of any other committee
constituted under section 10;
(e) the courses and
periods of study and of practical training, if any, to be undertaken, the subjects
of examinations and standards of proficiency therein to be obtained in any
college or institution for grant of recognized qualifications;
(f) the appointment, powers and duties of inspector;
(g) the standards of
staff, equipment, accommodation, training and other facilities for
architectural education;
(h) the conduct of
professional examinations, qualifications of examiners and the conditions of
admission to such examinations;
(i) the standards of
professional conduct and etiquette and code of ethics to be observed by
architects;
(i) any other mater which is to be or may be provided by regulations under this Act and in respect of which no rules have been made.
The Schedule
(See section 14)
QUALIFICATIONS
1.Bachelor Degree in Architecture awarded by Indian Universities established by
an Act of the Central or State Legislature.
2.National Diploma (formerly All Indian
Diploma) in Architecture awarded by the All India Council for Technical
Education.
3.Degree of Bachelor of Architecture (B.Arch.)
awarded by the Indian Institute of Technology, Kharagpur.
4.Five-Year full-time diploma in Architecture
of the Sir J.J.School of Art, Bombay, awarded after 1941.
5.Diploma in Architecture awarded by the State
Board of Technical Education and Training of the Government of Andhra Pradesh
with effect from 1960 (for the students trained at the Government College of
Arts and Architecture, Hyderabad).
6.Diploma in Architecture awarded by the Government College of Arts and
Architecture,
7.Diploma in Architecture awarded by the
8.Government Diploma in Architecture awarded
by the Government of Maharashtra (or the former Government of Bombay).
9.Diploma in Architecture of Kalabhavan
Technical Institute, Baroda.
10.Diploma in Architecture awarded by the
School of Architecture, Ahmedabad.
11.Membership of the Indian Institute of Architects.