THE ARCHITECTS ACT, 1972.
The Architects Act, 1972
No.20 OF
1972
[31st May, 1972]
An Act to provide for the
registration of architects and for matters connected
therewith.
BE it enacted by Parliament in the Twenty-third
Year of the Republic of India as follows :-
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 India.
(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)
"recognised 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 recognised
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 recognised
qualifications;
(d) the Chief Architects in the Ministries of
the Central Government to which the Government business relating to
defence and railways has been allotted and the head of the
Architectural Organisation 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) A 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 recognised 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
recognised, 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 recognised 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 recognised 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 recognised, shall be deemed to be
a recognised qualification for the purposes of this Act, any such
notification may also direct that such architectural qualification
shall be so recognised 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 recognised
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 recognised 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
recognised 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
recognised 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.- (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 recognised 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) recognised 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 practise 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 recognised 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 recognised 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 recognised 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 Delhi 223
CHAPTER
IV
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 authorised 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 travelling 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 recognised 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, Hyderabad till 1959, subject to the condition that the
candidates concerned have subsequently passed a special final
examination in architecture held by the State Board of Technical
Education, Andhra Pradesh and obtained a special
certificate.
7.Diploma in Architecture awarded by the
University of Nagpur with effect from 1965 to the students trained
at the Government Polytechnic, Nagpur.
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.