THE ARCHITECT’S

ACT 1972 &

ARBITRATION
SUBMITTED TO : SUBMITTED BY :
AR. SOMA ANIL MISHRA PIYUSH MAURYA
AR. RAHUL PATHAK B.ARCH 3RD YEAR, 6TH SEM
IATP BU, JHANSI
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 WHAT IS ARCHITECT’S ACT 1972

AN ACT TO PROVIDE FOR THE RESIGSTRATION OF ARCHITECTS AND FOR

MATTERS CONNECTED THEREWITH.
IT HAS COME INTO FORCE FROM 31ST MAY AND EXTENDS TO THE WHOLE
INDIA.
IT CONTAINS 4 CHAPTERS WITH 45 SECTIONS ALONG WITH ONE SCHEDULE.

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 DUTIES OF ACT

THE DUTIES AND RESPONSIBILITIES OF THIS ACT IS TO REGULATE THE

ARCHITECTURE EDUCATION AND THE ARCHITECTURE PROFESSION IN OUR
COUNTRY.
THE MAJOR AREA’S OF ACTIVITIES OF THE COUNCIL INCLUTES THE
RESISTRATION OF ARCHITECTS AND STANDARD OF EDUCATION AND
PRACTICE ETC.

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 CHAPTER NAMES

CHAPTER 1 - PRELIMINARY
CHAPTER 2 - COUNCIL OF ARCHITECTURE
CHAPTER 3 - RESISTRATION OF ARCHITECTS
CHAPTER 4 - MISCELLANEOUS

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 CHAPTER 1
(PRELIMINARY)

TERMS AND DEFINITIONS

ARCHITECT – A PERSON WHOSE NAME IS FOR THE FIRST TIME BEING
ENTERED IN THE REGISTER.
COUNCIL – COUNCIL OF ARCHITECTURE.
IIA – INSTITUTES OF ARCHITECTS REGISTERED UNDER THE
SOCIETIES REGISTRATION ACT 1860.
ACT – MADE BY PARLIAMENT UNDER THE POWER GIVEN BY THE
CONSTITUTION.
RULES – MADE BY CENRAL GOVERNMENT MINISTRY UNDER THE
POWER GIVEN BY THE ACT.
REGULATION – MADE BY THE COUNCIL , UNDER THE POWER GIVEN
BY THE ACT & RULES.

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 CHAPTER 2 CHAPTER 3 CHAPTER 4
(COUNCIL OF (RESISTRATION OF
(MISCELLANEOUS)
ARCHITECTURE) ARCHITECTS)

 8 CATEGORY MEMBERS  REGISTRATION OF  ADDITIONAL POWER.

 THE PRESIDENT ARCHITECTS.

 THE VICE PRESIDENT  THE REMOVAL OF

NAME.
 FUNDS

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 ARBITRATION

 THE ARBITRATION IS A PROCESS IN WHICH A DISPUTE IS SUBMITTED BY TWO OR

MORE PARTIES AND THE DECISION IS TAKEN BY THE THIRD PERSON FROM
OUTSIDE TO RESOLVE THE DISPUTE.
 THUS, THE ARBITRATION AIMS AT THE ESTABLISHMENT OF A DOMESTIC
TRIBUNAL BY THE PARTIES TO ADJUDICATE UPON THE DISPUTES AND
DIFFERENCES AND THE ARBITRATION AND CONCILIATION ACT, 1996 HELPS THE
PARTIES TO ENFORCE THAT DECISION BESIDES LAYING DOWN RULES,
REGULATIONS AND PROCEDURES.

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 ARBITRATION

ARCHITEC CLIENT
T

A B
ARBITRATOR

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 QUALITY OF ARBITRATOR

SHALL GIVE HIS HE MUST BE

CONSENT TO ACT AS DISINTERESTED
A ARBITRATOR AND IMPARTIAL

HIS DECISION IS NO CONNECTION WITH

BINDING BOTH ANY PARTIES OR THERE
PARTIES EMPOYEES, SUPPLIERS
ETC.

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MAIN ADVANTAGES OF SETTLING THE DISPUTES BY
ARBITRATION
 PERSONS USUALLY EXPERTS IN THE FIELD ARE APPOINTED AND AS SUCH
DECISIONS WILL BE FAIR AND REFINED . IN THE CASE OF A DISPUTE CONCERNING
BUILDING CONSTRUCTION JOB, THE PERSON CHOSEN AS ARBITRATORS ARE
USUALLY ARRCHITECTS OR ENGINEERS WHO POSSESS EXPERT KNOWLEDGE OF
THE SUBJECT AND ARE FULLY QUALIFIED TO ACT AS ARBITRATORS.
 SAVING IN COST
 PRIVACY AS HEARING IS NOT PUBLIC.
 THE ARBITRATOR CAN VIEW THE SUBJECT AT ANY CONVENIENT TIME.

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 POWER AND DUTIES OF ARBITRAL TRIBUNAL

 THE FOUNDATION OF THE ARBITRATION HAS BEEN BASED ON FAIRNESS AND

IMPARTIALITY OF THE ARBITRAL TRIBUNAL.
 IF THE APPOINTED ARBITRATOR IS LACKING IN SOME QUALIFICATION AS PER THE
AGREEMENT , THE PARTIES MUST BE INFORMED ABOUT IT.
 TO CONDUCT ARBITRATION PROCEEDINGS WITH EQUAL TREATMENT TO BOTH THE
PARTICS, GVING FULL OPPORTUNITIES, SUFFICIENT ADVANCE NOTICE OF HEARINGS,
ORDER ON OF DOCUMENT, GOODS OR OTHER PROPERTY AS ALSO NOT DISREGARDING
THE 1NSPECTION PRINCIPLES OF NATURAL JUSTICE.
 TO DECIDE ITS OWN JURISDICTION AND SEEK REPORTS OF EXPERTS ON ISSUES
PERTAINING TO SPECIALIZED DISCIPLINE.
 SEEK ASSISTANCE OF THE COURT IN TAKING EVIDENCE IF NECESSARY.
 TO HEAR THE PARTIES PATIENTLY ON ALL ISSUES AT DISPUTE TILL TERMINATION
WITHOUT EXCEEDING THE SCOPE OF AUTHORITY SET OUT.
 NOT TO GIVE ANY DECISION ACCORDING TO WHAT THE TRIBUNAL THINKS JUST OR
REASONABLE. IT HAS TO DECIDE ACCORDING TO LAW EXCEPT WHEN THE PARTIES
HAVE EXPRESSLY AUTHORIZED TO DO SO. 11
 ARBITRATION AGREEMENT

 IT MUST RELATE TO SOME DISPUTES OR DIFFERENCES BETWEEN THE PARTIES EITHER

PRESENT OR FUTURE.
 PARTIES MUST DESIRE TO SETTLE THE DISPUTES BY ARBITRATION.
 PARTIES MUST AGREE TO ABIDE BY THE DECISION OF THE ARBITRAL TRIBUNAL.
 IT CAN BE PART OF THE MAIN CONTRACT LIKE CL. 56 OF L.I.A. FORM OF CONTRACT OR
N CAN BE IN THE FORM OF A SEPARATE AGREEMENT.

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 BIBLIOGRAPHY

www.coa.gov.in
 ‘PROFESSIONAL PRACTICE’ BOOK WRITTEN BY ‘DR. ROSHAN H. NAMAVATI’.

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THANK YOU