Professional Documents
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Proposal On Act Amendment PDF
Proposal On Act Amendment PDF
2020)
CHAPTER I
CHAPTER I
PRELIMINARY
PRELIMINARY
1. (1) This Act may be called the
Architects Act, 1972. 1. (1) This Act may be called the
(2) It extends to the whole of Architects Act, 1972.
India. (2) It extends to the whole
(3) It shall come in to force on of India.
such date as the Central (3) It shall come in to force
Government may, by on such date as the
notification in the Official Central Government
Gazette, appoint. may, by notification in
the Official Gazette,
appoint.
1
2. In this Act, unless the context otherwise 2. In this Act, unless the context
requires, - otherwise requires, -
2
examination.
(ca)“Limited Liability
Partnership of
Architects” means a
Limited Liability
Partnership(LLP)
formed and registered
under the provisions of
the Limited Liability
Partnership Act of 2008
(No 6 of 2009) in which
all such partners are
Architects as defined
in section 2(a) of the
principal Act;
3
(cb) “professional
examination” means an
examination conducted by
the Council for granting
registration/ Certificate of
Practice;
4
CHAPTER II
CHAPTER II
COUNCIL OF ARCHITECTURE
COUNCIL OF ARCHITECTURE
3. (1) The Central Government shall,
by notification in the Official 3. (1) The Central Government
Gazette, constitute, with effect shall, by notification in
from such date as may be the Official Gazette,
specified in the notification, a constitute, with effect
Council to be known as the from such date as may be
Council of Architecture, which specified in the
shall be a body corporate, notification, a Council to
having perpetual succession be known as the Council
and a common seal, with of Architecture India,
power to acquire, hold and which shall be a body
dispose of property, both corporate, having
movable and immovable, and perpetual succession and
to contract, and may by that a common seal, with
name sue or be sued. power to acquire, hold
and dispose of property,
both movable and
immovable, and to
contract, and may by that
(2) The Head Office of the Council name sue or be sued.
shall be at Delhi or at such
other place as the Central (2) The Head Office of the
Government may, by Council shall be at Delhi
notification in the Official or at such other place as
Gazette, specify. the Central Government
may, by notification in
the Official Gazette,
(3) The Council shall consist of the specify.
following members, namely:-
(3) The Council shall consist
of the following
members, namely:-
5
(a) five architects possessing
recognized qualifications
elected by the Indian (a) five architects
Institute of Architects possessing
from among its members; recognized
qualifications elected
by the Indian
Institute of
Architects from
among its members;
6
Ministries of the Central the Central
Government to which the Government to
Government business which the
relating to defence and Government
railways has been allotted business relating to
and head of the defence and railways
Architectural has been allotted and
Organization in the head of the
Central Public Works Architectural
Department, ex officio; Organization in the
Central Public
Works Department,
ex officio;
7
among its members. Surveyors of India
from among its
members.
8
Council, in consultation with preparation of the
the Indian Institute of register, nominate to
Architects, persons referred the first Council, in
to in the said clause (a) who consultation with the
are qualified for registration Indian Institute of
under section 25, and the Architects, persons
persons so nominated shall referred to in the said
hold office for such period as clause (a) who are
the Central Government qualified for
may, by notification in the registration under
Official Gazette, specify. section 25, and the
persons so nominated
shall hold office for
such period as the
Central Government
may, by notification in
the Official Gazette,
specify.
9
shall hold office for
such period as the
Central Government
may, by notification in
the Official Gazette,
specify.
4. (1) The President and the Vice- 4. (1) The President and the
President of the Council Vice-President of the
shall be elected by the Council shall be elected
members of the Council by the members of the
from among themselves: Council from amongst
themselves.
Provided that on the first
constitution of the Council Provided that on the
and until the President is first constitution of the
elected, a member of the Council and until the
Council nominated by the President is elected, a
Central Government in this member of the Council
behalf shall discharge the nominated by the
functions of the President. Central Government in
this behalf shall
(2) An elected President or Vice- discharge the functions
President of the Council shall of the President.
hold office for a term of three
years or till he ceases to be a (2) An elected President
member of the Council, or Vice-President of the
whichever is earlier, but Council shall hold office
subject to his being a for a term of three years
member of the Council, he or till he ceases to be a
shall be eligible for re- member of the Council,
election: whichever is earlier, but
subject to his being a
Provided that – member of the Council,
(a) the President or the Vice- he shall be eligible for re-
President may, by election:
10
writing under his hand
addressed to the Vice- Provided that –
President or the (a) the President or the
President, as the case Vice-President may,
may be, resign his office; by writing under
his hand addressed
(b) President or the Vice- to the Vice-
President shall, President or the
notwithstanding the President, as the
expiry of his term of case may be, resign
three years, continue to his office;
hold office until his
successor enters upon (b) President or the
office. Vice-President
shall,
(3) The President and the Vice- notwithstanding the
President of the Council shall expiry of his term of
exercise such powers and three years,
discharge such duties as may continue to hold
be prescribed by the office until his
regulations. successor enters
upon office.
5. (1) Elections under this Chapter 5. (1) Elections under this Chapter
shallbe conducted in such shall be conducted in such
manner as may be prescribed by manner as may be
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rules. prescribed by rules.
(2) Where any dispute arises (2) Where any dispute arises
regarding any such election, the regarding any such election,
matter shall be referred by the the matter shall be referred
Council to a Tribunal appointed by the Council to a Tribunal
by the Central Government by appointed by the Central
notification in the Official Gazette Government by notification
in this behalf, and the decision of in the Official Gazette in this
the Tribunal shall be final: behalf, and the decision of
the Tribunal shall be final:
Provided that no such reference
shall be made except on an Provided that no such
application made to the Council reference shall be made
by an aggrieved party within except on an application
thirty days from the date of the made to the Council by an
declaration of the result of the aggrieved party within
election. thirty days from the date of
the declaration of the result
of the election.
(3) The expenses of the Tribunal (3) The expenses of the Tribunal
shall be borne by the Council. shall be borne by the
Council.
12
(2) An elected or nominated (2) An elected or nominated
member may, at any time, resign member may, at any time,
his membership by writing resign his membership by
under his hand addressed to the writing under his hand
President, or in his absence, to addressed to the President,
the Vice-President, and the seat or in his absence, to the
of such member shall thereupon Vice-President, and the seat
become vacant. of such member shall
thereupon become vacant.
13
under clause(c) of
sub-section (3) of
section 3, if he
ceases to hold his
appointment as the
head of an
Institution referred
to in the said
clause.
14
committee, or Council, the Executive
(b) any defect in the election or Committee or any other
nomination of a person committee, or
acting as a member thereof, (b) any defect in the
or election or nomination
(c) any irregularity in procedure of a person acting as a
not affecting the merits of the member thereof, or
case. (c) any irregularity in
procedure not affecting
the merits of the case.
8. A person shall not be eligible for 8. A person shall not be eligible for
election or nomination as a member election or nomination as a
of the Council, if he – member of the Council, if he –
9. (1) The Council shall meet at least 9. (1) The Council shall meet at
once in every six months at such time least once in every six months at
and place and shall observe such such time and place and shall
rules of procedure in regard to the observe such rules of procedure
transaction of business at its meetings in regard to the transaction of
as may be prescribed by regulations. business at its meetings as may
be prescribed by regulations.
15
(2) Unless otherwise prescribed by (2) Unless otherwise prescribed
regulations, nine members of the by regulations, nine
Council shall form a quorum, members of the Council
and all the acts of the Council shall form a quorum, and all
shall be decided by a majority of the acts of the Council shall
the members present and voting. be decided by a majority of
the members present and
voting.
10. (1) The Council shall constitute from 10. (1) The Council shall constitute
among its members an Executive from among its members an
Committee, and may also Executive Committee, and
constitute other committees for may also constitute other
such general or special purposes as committees for such general
the Council deems necessary to or special purposes as the
carry out its functions under this Council deems necessary to
Act. carry out its functions under
this Act.
16
among its members.
(3) The President and the Vice- (3) The President and the Vice-
President of the Council shall be President of the Council
the Chairman and Vice- shall be the Chairman and
Chairman respectively of the Vice-Chairman respectively
Executive Committee. of the Executive Committee.
11. The President, the Vice-President and 11. The President, the Vice-President
other members of the Council shall be and other members of the
entitled to such fees and allowances Council shall be entitled to such
as the Council may, with the previous fees and allowances as the
sanction of the Central Government, Council may, with the previous
fix in this behalf. sanction of the Central
Government, fix in this behalf.
17
12. (1) The Council shall – 12. (1) The Council shall –
(a) appoint a Registrar who shall (a) appoint a Registrar who
act as its Secretary and who shall act as its Secretary
may also act, if so decided by and who may also act, if
the Council, as its treasurer; so decided by the
Council, as its treasurer;
(b) appoint such other officers
and employees as the (b) appoint such other
Council deems necessary to officers and employees
enable it to carry out its as the Council deems
functions under this Act; necessary to enable it to
carry out its functions
(c) with the previous sanction of under this Act;
the Central Government, fix
the pay and allowances and (c) fix the pay and
other conditions of service of allowances and other
officers and other employees conditions of service of
of the Council. officers and other
employees of the
Council.
(3) All the persons appointed under (3)All the persons appointed under
18
this section shall be the this section shall be the
employees of the Council. employees of the Council.
13. (1) There shall be established a Fund 13. (1) There shall be established a
under the management and Fund under the
control of the Council into which management and control of
shall be paid all moneys received the Council into which shall
by the Council and out of which be paid all moneys received
shall be met all expenses and by the Council and out of
liabilities properly incurred by which shall be met all
the Council. expenses and liabilities
properly incurred by the
Council.
(2) The Council may invest any (2) The Council may invest any
money for the time being money for the time being
standing to the credit of the Fund standing to the credit of the
in any Government security or in Fund in any Government
any other security approved by security or in any other
the Central Government. security approved by the
Central Government.
(3) The Council shall keep proper (3) The Council shall keep
accounts of the Fund proper accounts of the Fund
distinguishing capital from distinguishing capital from
revenue. revenue.
(4) The annual accounts of the (4) The annual accounts of the
Council shall be subject to audit Council shall be subject to
by an auditor to be appointed audit by an auditor to be
annually by the Council. appointed annually by the
Council.
19
September of the year next thirtieth day of September of
following, the Council shall cause the year next following, the
to be published in the Official Council shall cause to be
Gazette a copy of the audited published in the Official
accounts and the report of the Gazette a copy of the
Council for that year and copies audited accounts and the
of the said accounts and report report of the Council for that
shall be forwarded to the Central year and copies of the said
Government. accounts and report shall be
forwarded to the Central
Government.
(6) The Fund shall consist of – (6) The Fund shall consist of –
(a) all moneys received from the
Central Government by way (a) all moneys received
of grant, gift or deposit; from the Central
(b) any sums received under this Government by way of
Act whether by way of fee or grant, gift or deposit;
otherwise. (b) any sums received
under this Act whether
by way of fee or
otherwise.
(7) All moneys standing at the credit (7) All moneys standing at the
of the Council which cannot be credit of the Council which
immediately be applied shall be cannot be immediately be
deposited in the State Bank of applied shall be deposited in
India or in any other bank the State Bank of India or in
specified in column 2 of the First any other bank specified in
Schedule to the Banking column 2 of the First
Companies (Acquisition and Schedule to the Banking
Transfer of Undertakings) Act, Companies (Acquisition and
1970. Transfer of Undertakings)
Act, 1970.
20
14. (1) The qualifications included in the 14. (1) 14(1) The qualifications
schedule or notified under included in the Schedule of
section 15 shall be recognised Undergraduate Recognised
qualifications for the purposes of Qualifications or Schedule
this Act. of Postgraduate
Qualifications or notified
under section 15 shall be
recognized qualifications,
respectively, for the
purposes of this Act.
21
Government shall, before, issuing shall be a recognized
any notification as aforesaid, qualification only when
consult an expert committee granted after a specified
consisting of three members to be date.
appointed by the Central
Government by notification in the Provided that until the first
official Gazette. 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.
22
Council is constituted the Central before a specified date :
Government shall, before issuing
any notification as aforesaid, Provided that until the first
consult the expert committee set Council is constituted the
up under the proviso to sub- Central Government shall,
section (2) of section 14. 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 (2) The Council may enter into
negotiations with the authority in negotiations with the
any State or country outside authority in any State or
India, which by the law of such country outside India, which
State or country is entrusted with by the law of such State or
the maintenance of a register of country is entrusted with the
architects, for settling of a scheme maintenance of a register of
of reciprocity for the recognition architects, for settling of a
of architectural qualifications and scheme of reciprocity for the
in pursuance of any such scheme, recognition of architectural
the Central Government may, by qualifications and in
notification in the Official pursuance of any such
Gazette, direct that such scheme, the Central
architectural qualification as the Government may, by
Council has decided should be notification in the Official
recognised, shall be deemed to be Gazette, direct that such
a recognised qualification for the architectural qualification as
purposes of this Act, and any the Council has decided
23
such notification may also direct should be recognized, shall
that such architectural be deemed to be a
qualification, shall be so recognized qualification for
recognised only when granted the purposes of this Act, and
after a specified date or before a any such notification may
specified date. also direct that such
architectural qualification,
shall be so recognized only
when granted after a
specified date or before a
specified date.
18. Every authority in India which grants 18. . Every authority in India shall
a recognised qualification shall seek prior approval of Council
furnish such information as the for introduction of
24
Council may, from time to time, Architecture Courses with
require as to the courses of study definite intake capacity and
and examinations to be undergone shall provide such information
in order to obtain such qualification, to the Council as it may require,
as to the ages at which such courses from time to time, as to the
of study and examinations are courses of study and
required to be undergone and such examinations to be undergone
qualification is conferred and in order to obtain such
generally as to the requisites for qualification, as to the ages at
obtaining such qualification. 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. (1) The Executive Committee shall, 19. (1) The Executive Committee
subject to regulations, if any, shall, subject to regulations,
made by the Council, appoint if any, made by the Council,
such number of inspectors as it appoint such number of
may deem requisite to inspect inspectors as it may deem
any college or institution where requisite to inspect any
architectural education is given college or institution where
or to attend any examination held architectural education is
by any college or institution for given or to attend any
the purpose of recommending to examination held by any
the Central Government college or institution for the
recognition of architectural purpose of recommending
qualifications granted by that to the Central Government
college or institution. recognition of architectural
qualifications granted by
that college or institution.
25
(2) The inspectors shall not interfere (2) The inspectors shall not
with the conduct of any training interfere with the conduct of
or examination, but shall report classes and any training or
to the Executive Committee on examination, but shall report
the adequacy of the standards of to the Executive Committee
architectural education including on the adequacy of the
staff, equipment, standards of architectural
accommodation; training and education including
such other facilities as may be admissions to the course,
prescribed by regulations for staff, equipment,
giving such education or on the accommodation; training,
sufficiency of every examination eligible qualifications of
which they attend. the concerned faculty and
such other facilities as may
be prescribed by
regulations for giving such
education or on the
sufficiency of every
examination which they
attend.
20.(1) When upon report by the 20.(1) When upon report by the
Executive Committee it appears to Executive Committee it
the Council - appears to the Council -
26
(a) that the courses of study and (a) that the courses of
examination to be study and examination
undergone in, or the to be undergone in, or
proficiency required from the proficiency required
the candidates at any from the candidates at
examination held by, any any examination held
college or institution, or by, any college or
institution, or
27
be, may submit its
explanation to the
appropriate Government.
28
the expiry of that
period,
(5) For the purposes of this section, (5) For the purposes of this
“appropriate Government” section, “appropriate
means – Government” means –
(a) in relation to any college or
institution established by an (a) in relation to any
Act of Parliament or college or institution
managed, controlled or established by an Act
financed by the Central of Parliament or
Government, the Central managed, controlled or
Government, and financed by the Central
(b) in any other case, the State Government, the
Government. Central Government,
and
(b) in any other case, the
State Government.
29
21. The Council may prescribe the 21. (1) The Council may
minimum standards of prescribe the minimum
architectural education required standards of architectural
for granting recognised education required for
qualifications by colleges or granting recognized
institutions in India. Undergraduate
Qualifications and
Postgraduate qualifications
by colleges or institutions
or other authorities in
India.
30
contained in any law for the
time being in force.
REGISTRATION OF REGISTRATION OF
ARCHITECTS ARCHITECTS
23. (1) The Central Government shall, as 23. (1) The Central Government
soon as may be, cause to be shall, as soon as may be,
prepared in the manner cause to be prepared in the
hereinafter provided a register of manner hereinafter provided
architects for India. a register of architects for
India.
(3) The register shall include the (3) The register shall include the
following particulars, namely:- following particulars,
namely:-
(a) the full name with date of
birth, nationality and (a) the full name with date
residential address of the of birth, nationality,
architect; citizenship and
(b) his qualification for residential address of the
registration, and the date on architect;
which he obtained that (b) his qualification for
qualification and the registration, and the date
authority which conferred it; on which he obtained
(c) the date of his first
31
admission to the register; that qualification and the
(d) his professional address; and authority which
(e) such further particulars as conferred it;
may be prescribed by rules. (c) the date of his first
admission to the
register;
(d) his professional
address; and
(e) such further
particulars as may
be prescribed by
rules.
24. (1) For the purposes of preparing the 24. (1) For the purposes of
register of architects for the first preparing the register of
time, the Central Government architects for the first time,
shall, by notification in the the Central Government
Official Gazette, constitute a shall, by notification in the
Registration Tribunal consisting Official Gazette, constitute a
of three persons who have, in the Registration Tribunal
opinion of the Central consisting of three persons
Government, the knowledge of, who have, in the opinion of
or experience in, architecture; and the Central Government, the
the Registrar appointed under knowledge of, or experience
section 12 shall act as Secretary of in, architecture; and the
the Tribunal. Registrar appointed under
section 12 shall act as
Secretary of the Tribunal.
32
rules, shall be made to the by such fee as may be
Registration Tribunal. prescribed by rules, shall be
made to the Registration
Tribunal.
(3) The Registration Tribunal shall
examine every application (3) The Registration Tribunal
received on or before the shall examine every
appointed day and if it is satisfied application received on or
that the applicant is qualified for before the appointed day
registration under section 25, and if it is satisfied that the
shall direct the entry of the name applicant is qualified for
of the applicant in the register. 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 (4) The first register so prepared
such manner as the Central shall thereafter be published
Government may direct and any in such manner as the
person aggrieved by a decision of Central Government may
the Registration Tribunal direct and any person
expressed or implied in the aggrieved by a decision of
register so published may, within the Registration Tribunal
thirty days from the date of such expressed or implied in the
publication, appeal against such register so published may,
decision to an authority within thirty days from the
appointed by the central date of such publication,
Government in this behalf by appeal against such decision
notification in the Official to an authority appointed by
Gazette. the central Government in
this behalf by notification in
the Official Gazette.
(5) The authority appointed under
sub-section (4) shall, after giving (5) The authority appointed
the person affected an under sub-section (4) shall,
opportunity of being heard and after giving the person
after calling for relevant records, affected an opportunity of
33
make such order as it may deem being heard and after calling
fit. 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 (6) The Registrar shall amend,
the authority appointed under where necessary, the register
sub-section (4). 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 (7) Every person whose name is
issued a certificate of registration entered in the register shall
in such form as may be be issued a certificate of
prescribed by rules. registration in such form as
may be prescribed by rules.
(8) Upon the constitution of the
Council, the register shall be (8) Upon the constitution of the
given into its custody, and the Council, the register shall be
Central Government may direct given into its custody, and
that the whole or any specified the Central Government
part of the application fees for may direct that the whole or
registration in the first register any specified part of the
shall be paid to the credit of the application fees for
Council. registration in the first
register shall be paid to the
credit of the Council.
34
(a) holds a recognised (a) has completed 1 year
qualification, or training under a
registered architect,
firm of architects or
limited liability
partnership of
architects having
minimum 5 years of
standing, after
obtaining the
recognized
qualification and
qualifying the
professional
examination conducted
by the Council, or
35
of a qualification – qualification –
26. (1) After the date appointed for the 26. (1) After passing the
receipt of applications for professional examination
registration in the first register of conducted by the Council, all
architects, all applications for applications for registration
registration shall be addressed shall be addressed to the
to the Registrar of the Council Registrar of the Council and
and shall be accompanied by shall be accompanied by such
fee as may be prescribed by
36
such fee as may be prescribed by rules.
rules.
(2) If upon such application the (2) If upon such application the
Registrar is of opinion that the Registrar is of opinion that
applicant is entitled to have his the applicant is entitled to
name entered in the register he have his name entered in
shall enter thereon the name of the register he shall enter
the applicant: thereon the name of the
applicant:
Provided that no person, whose
name has under the provisions Provided that no person,
of this Act been removed from whose name has under the
the register, shall be entitled to provisions of this Act been
have his name re-entered in the removed from the register,
register except with the approval shall be entitled to have his
of the Council. name re-entered in the
register except with the
approval of the Council.
(3) Any person whose application for (3) Any person whose
registration is rejected by the application for registration
Registrar may, within three is rejected by the Registrar
months of the date of such may, within three months
rejection, appeal to the Council. of the date of such rejection,
appeal to the Council.
(4) Upon entry in the register of a (4) Upon entry in the register of
name under this section, the a name under this section,
Registrar shall issue a certificate the Registrar shall issue a
of registration in such form as certificate of registration in
may be prescribed by the rules. such form as may be
prescribed by the rules.
37
office, residence or practice,
or place of employment in
writing within 60 days of
such change.
27. (1) The Central Government may, by 27. (1) The Central Government
notification in the Official may, by notification in the
Gazette, direct that for the Official Gazette, direct that
retention of a name in the for the retention of a name
register after the 31st day of in the register after the 31st
December of the year following day of December of the
the year in which the name is year following the year in
first entered in the register, there which the name is first
shall be paid annually to the entered in the register,
Council such renewal fee as may there shall be paid annually
be prescribed by rules and to the Council such renewal
where such direction has been fee as may be prescribed by
made, such renewal fee shall be rules and where such
due to be paid before the first direction has been made,
day of April of the year to which such renewal fee shall be
it relates. due to be paid before the
first day of April of the year
(2) Where the renewal fee is not to which it relates.
paid before the due date, the
Registrar shall remove the (2) Where the renewal fee is
name of the defaulter from the not paid before the due
register: date, the Registrar shall
remove the name of the
Provided that a name so defaulter from the register:
removed may be restored to the
register on such conditions as Provided that a name so
may be prescribed by rules. removed may be restored
to the register on such
conditions as may be
prescribed by rules.
38
(3) On payment of the renewal fee, (3) On payment of the renewal
the Registrar shall, in such fee, the Registrar shall, in
manner as may be prescribed by such manner as may be
rules, endorse the certificate of prescribed by rules,
registration accordingly. endorse the certificate of
registration accordingly.
29. (1) The Council may, by order, 29. (1) The Council may, by order,
remove from the register the remove from the register
name of any architect – the name of any architect–
(a) from whom a request has (a) from whom a request
been received to that effect, has been received to
or that effect, or
(b) who has died since the last (b) who has died since the
publication of the register. last publication of the
register.
(2) Subject to the provisions of this
section, the Council may order (2) Subject to the provisions
that the name of any architect of this section, the Council
shall be removed from the may order that the name
register where it is satisfied, of any architect shall be
after giving him a reasonable removed from the register
opportunity of being heard and where it is satisfied, after
after such further inquiry, if giving him a reasonable
any, as it may think fit to make, opportunity of being
39
- heard and after such
further inquiry, if any, as
(a) that his name has been it may think fit to make, -
entered in the register by (a) that his name has been
error or on account of entered in the register
misrepresentation or by error or on account
suppression of a material of misrepresentation
fact; or or suppression of a
material fact; or
(b) that he has been convicted (b) that he has been
of any offence which, in the convicted of any
opinion of the Council, offence which, in the
involves moral turpitude; opinion of the
or Council, involves
moral turpitude; or
(c) that he is an undischarged (c) that he is an
insolvent; or undischarged
(d) that he has been adjudged insolvent; or
by a competent court to be (d) that he has been
of unsound mind. adjudged by a
competent court to be
of unsound mind.
(3) An order under sub-section (2)
may direct that any architect (3) An order under sub-
whose name is ordered to be section (2) may direct that
removed from a register shall any architect whose name
be ineligible for registration is ordered to be removed
under this Act for such period from a register shall be
as may be specified. ineligible for registration
under this Act for such
period as may be
specified.
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the date thereof. three months from the
date thereof.
(2) After holding the inquiry (2) After holding the inquiry
under sub-section (1) and after under sub-section (1) and
hearing the architect, the after hearing the
Council may, by order, architect, the Council
reprimand the said architect may, by order,
or suspend him from practice reprimand the said
as an architect or remove his architect or suspend him
name from the register or pass from practice as an
such other order as it thinks architect or remove his
fit. name from the register or
pass such other order as
it thinks fit.
31. A person whose name has been 31. A person whose name has
removed from the register under been removed from the
sub-section (2) of section 27, sub- register under sub-section (2)
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section (1) or sub-section(2) of of section 27, sub-section (1) or
section 29 or sub-section (2) of sub-section(2) of section 29 or
section 30, or where such person is sub-section (2) of section 30, or
dead, his legal representative, as where such person is dead, his
defined in clause (11) of section 2 of legal representative, as
the Code of Civil Procedure, 1908, defined in clause (11) of
shall forthwith surrender his section 2 of the Code of Civil
certificate of registration to the Procedure, 1908, shall
Registrar, and the name so forthwith surrender his
removed shall be published in the certificate of registration to the
Official Gazette. Registrar, and the name so
removed shall be published in
the Official Gazette.
32. The Council may, at any time, for 32. The Council may, at any time,
reasons appearing to it be sufficient for reasons appearing to it be
and subject to the approval of the sufficient and subject to the
Central Government, order that approval of the Central
upon payment of such fee as may Government, order that upon
be prescribed by rules, the name of payment of such fee as may be
the person removed from the prescribed by rules, the name
register shall be restored thereto. of the person removed from
the register shall be restored
thereto.
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34. As soon as may be after the Ist day 34. As soon as may be after the Ist
of April in each year, the Registrar day of April in each year, the
shall cause to be printed copies of Registrar shall cause to be
the register as it stood on the said printed electronic copies of
date and such copies shall be made the register as it stood on the
available to persons applying said date and such copies shall
therefor on payment of such fee as be made available to persons
may be prescribed by rules and applying therefor on payment
shall be evidence that on the said of such fee as may be
date the persons whose names are prescribed by rules and shall
entered therein were architects. be evidence that on the said
date the persons whose names
are entered therein were
architects.
35. (1) Any reference in any law for the 35. (1) Any reference in any law for
time being in force to an the time being in force to
architect shall be deemed to be an architect shall be
a reference to an architect deemed to be a reference
registered under this Act. to an architect registered
under this Act.
(2) After the expiry of two years
from the date appointed under (2) After the expiry of two
sub-section (2) of section 24, a years from the date
person who is registered in the appointed under sub-
register shall get preference for section (2) of section 24, a
appointment as an architect person who is registered
under the Central or State in the register shall get
Government or in any other preference for
local body or institution which appointment as an
is supported or aided from the architect under the Central
public or local funds or in any or State Government or in
institution recognised by the any other local body or
Central or State Government. institution which is
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supported or aided from
the public or local funds or
in any institution
recognised by the Central
or State Government.
CHAPTER IV CHAPTER IV
MISCELLANEOUS MISCELLANEOUS
36. If any person whose name is not 36. If any person whose name is
for the time being entered in the not for the time being entered
register falsely represents that it is in the register falsely
so entered, or uses in connection represents that it is so entered,
with his name or title any words or or uses in connection with his
letters reasonably calculated to name or title any words or
suggest that his name is so entered, letters reasonably calculated
he shall be punishable with fine to suggest that his name is so
which may extend to one thousand entered, he shall be
rupees. punishable with fine which
may extend to five lakh
rupees.
37. (1) After the expiry of one year from 37.(1) After the expiry of one year
the date appointed under sub- from the date appointed under
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section (2) of section 24, no person sub-section (2) of section 24, no
other than a registered architect, or person other than a registered
a firm of architects shall use the architect, or a firm of architects
title and style of architect: or an LLP of Architects shall
use the title and style of
architect, render architectural
services and practice the
profession of architecture
including signing of building
plans and related documents
required for statutory
approvals for the construction
of and any building related
infrastructure.
45
Government.
46
(2) If any person contravenes (2) If any person contravenes
the provisions of sub-section the provisions of
(1), he shall be punishable on aforementioned sub-
first conviction with fine sections, he shall be
which may extend to five punishable on first
hundred rupees and on any conviction with fine
subsequent conviction with which may extend to five
imprisonment which may lakh rupees and on any
extend to six months or with subsequent conviction
fine not exceeding one with imprisonment which
thousand rupees or with may extend to five years
both. or with fine not
exceeding ten lakh
rupees or with both.
(3) Notwithstanding
anything contained in
any law for the time
being in force, no person,
municipality or
planning/ development
authority, or local body
or any other statutory
authority created under
any other law shall have
power to license or to
designate a person as an
Architect or to enable
him to undertake
architectural services.
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38. If any person whose name has been 38. If any person whose name
removed from the register fails has been removed from the
without sufficient cause forthwith register fails without
to surrender his certificate of sufficient cause forthwith
registration, he shall be punishable to surrender his certificate
with fine which may extend to one of registration, he shall be
hundred rupees, and, in the case of punishable with fine which
a continuing failure, with an may extend to ten thousand
additional fine which may extend rupees, and, in the case of a
to ten rupees for each day after the continuing failure, with an
first during which he has persisted additional fine which may
in the failure. extend to one hundred
rupees for each day after
the first during which he
has persisted in the failure.
(3) Notwithstanding
anything contained in
any other law, but
subject to the provisions
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of this Act, only the
courts having
jurisdiction over the
head office of the
Council shall take
cognizance of any
offence punishable
under this Act.
40. (1) The Council shall furnish such 40. (1) The Council shall furnish such
reports, copies of its minutes, and reports, copies of its minutes,
other information to the Central and other information to the
Government as that Government Central Government as that
may require. Government may require.
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42. The members of the Council and 42. The members of the Council
officers and other employees of the and officers and other
Council shall be deemed to be employees of the Council shall
public servants within the meaning be deemed to be public
of section 21 of the Indian Penal servants within the meaning of
Code. section 21 of the Indian Penal
Code.
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years from the date of shall be made under this
commencement of this Act. section after the expiry of two
years from the date of
(2) Every order made under this commencement of this Act.
section shall, as soon as may be
after it is made, be laid before (2) Every order made under
each House of Parliament and this section shall, as soon
the provisions of sub-section as may be after it is made,
(3) of section 44 shall apply in be laid before each House
respect of such order as it of Parliament and the
applies in respect of a rule provisions of sub-section
made under this Act. (3) of section 44 shall
apply in respect of such
order as it applies in
respect of a rule made
under this Act.
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Judge of a High Court, and
one by the Council; and refer
to it the matters on which the
enquiry is to be made.
44. (1) The Central Government may, 44. (1) The Central Government
by notification in the Official may, by notification in
Gazette, make rules to carry the Official Gazette, make
out the purposes of this Act. rules to carry out the
purposes of this Act.
(2) In particular and without
prejudice to the generality of (2) In particular and without
the foregoing power, such prejudice to the generality
rules may provide for all or of the foregoing power,
any of the following matters, such rules may provide
namely:- for all or any of the
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following matters,
(a) the manner in which namely:-
elections under Chapter II
shall be conducted, the (a) the manner in which
terms and conditions of elections under
service of the member of Chapter II shall be
the Tribunal appointed conducted, the terms
under sub-section (2) of and conditions of
section 5 and the service of the member
procedure to be followed of the Tribunal
by 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 (b) the procedure to be
committee constituted followed by the
under the proviso to sub- expert committee
section (2) of section 14 in constituted under the
the transaction of its proviso to sub-section
business and the powers (2) of section 14 in the
and duties of the expert transaction of its
committee and the business and the
travelling and daily powers and duties of
allowances payable to the the expert committee
members thereof; and the travelling
and daily allowances
payable to the
members thereof;
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(d) the form in which a (d) the form in which a
certificate of registration is certificate of
to be issued under sub- registration is to be
section (7) of section 24, issued under sub-
sub-section (4) of section section (7) of section
26 and section 33. 24, sub-section (4) of
section 26 and section
33.
(i) the fee for supplying (i) the fee for supplying
printed copies of the printed copies of the
register under section 34. register under section
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34;
(3) Every rule made under this (3) Every rule made under
section shall be laid, as soon as this section shall be laid,
may be after it is made, before as soon as may be after it
each House of Parliament, is made, before each
while it is in session, for a total House of Parliament,
period of thirty days which while it is in session, for a
may be comprised in one total period of thirty days
session or in two or more which may be comprised
successive sessions, and if, in one session or in two or
before the expiry of the session more successive sessions,
immediately following the and if, before the expiry of
session or the successive the session immediately
sessions aforesaid, both Houses following the session or
agree in making any the successive sessions
modification to the rule or both aforesaid, both Houses
Houses agree that the rule agree in making any
should not be made, the rule modification to the rule or
shall thereafter have effect only both Houses agree that
in such modified form or be of the rule should not be
no effect, as the case may be; made, the rule shall
so, however, that any such thereafter have effect only
modification or annulment in such modified form or
shall be without prejudice to be of no effect, as the case
the validity of anything may be; so, however, that
any such modification or
55
previously done under that annulment shall be
rule. without prejudice to the
validity of anything
previously done under
that rule.
45. (1) The Council may, with the 45. (1) The Council may, with the
approval of the central approval of the central
Government, *[by notification Government, *[by
in the Official Gazette] make notification in the Official
regulations not inconsistent Gazette] make
with the provisions of this Act, regulations not
or the rules made thereunder inconsistent with the
to carry out the purposes of provisions of this Act, or
this Act. the rules made
thereunder to carry out
the purposes of this Act.
56
Council and the Executive of the Council and
Committee or any other the Executive
committee constituted Committee or any
under section 10, the times other committee
and places at which such constituted under
meetings shall be held, the section 10, the times
conduct of business and places at which
thereat and the number of such meetings shall
persons necessary to be held, the conduct
constitute a quorum. of business thereat
and the number of
persons necessary to
constitute a quorum.
57
college or institution
for grant of
recognised
qualifications and
additional
qualifications, and
penalty for non-
adherence to
minimum standards
or malpractices of
any nature by any
institution;
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admission to such
examinations;
59
Architectural Services.
(j) any other matter which is (j) any other matter which is to
to be or may be provided be or may be provided by
by regulations under this regulations under this Act
Act and in respect of and in respect of which no
which no rules have been rules have been made.
made.
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the validity of anything the validity of anything
previously done under that previously done under that
regulation. regulation.
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