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[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 :-
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Chapter - I ( Preliminary ) |
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1.
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(1)
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This Act may be called the Architects Act, 1972.
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(2)
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It extends to the whole of India.
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(3)
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It shall come in to force on such date as the Central Government may,
by notification in the Official Gazette, appoint.
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| 2. |
In this Act, unless the context otherwise requires, |
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a.
b.
c.
d.
e.
f.
g.
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"architect" means a person whose name is for the time being entered in
the register;
"Council" means the Council of Architecture constituted under Section 3;
"Indian Institute of Architects" means the Indian Institute of
Architects registered under the Societies Registration Act, 1860;
"recognised qualification" means any qualification in architecture for
the time being included in the Schedule or notified under section 15;
"register" means the register of architects maintained under section 23;
"regulation" means a regulation made under this Act by the Council;
"rule" means a rule made under this Act by the Central Government.
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Chapter - II ( Council of Architecture ) |
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3.
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(1)
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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.
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(2)
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The Head Office of the Council shall be at Delhi or at such other
place as the Central Government may, by notification in the Official
Gazette, specify.
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(3)
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The Council shall consist of the following members, namely:-
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a.
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five architects possessing recognized qualifications elected by
the Indian Institute of Architects from among its members;
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b.
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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;
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c.
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five persons elected form among themselves by heads of
architectural institutions in India imparting full-time
instruction for recognised qualifications;
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d.
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the Chief Architects in the Ministries of the Central Government
to which the Government business relating to defence and railways
has been allotted and head of the Architectural Organization in
the Central Public Works Department, ex officio;
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e.
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one person nominated by the Central Government;
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f.
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an architect from each State nominated by the Government of that
state;
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g.
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two persons nominated by the Institution of Engineers (India)
from among its members; and
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h.
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one person nominated by the Institution of Surveyors of India
from among its members.
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Explanation.-- For the purposes of this sub-section,--
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a.
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"Institution of Engineers (India)" means the Institution of
Engineers (India) first registered in 1920 under the Indian
Companies Act, 1913 and subsequently incorporated by a Royal
chapter in 1935.
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b.
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"Institution of Surveyors of India" means the Institution of
surveyors registered under the Societies Registration Act, 1860.
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(4)
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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 Institute
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 office for such period as the Central Government
may, by notification in the Official Gazette, specify.
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(5)
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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 persons so
nominated shall hold office for such period as the Central Government
may, by notification in the Official Gazette, specify.
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4.
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(1)
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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.
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(2)
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An elected President or Vice-President of the Council shall hold office
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:
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a.
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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;
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b.
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President or the Vice-President shall, notwithstanding the
expiry of his term of three years, continue to hold office until
his successor enters upon office.
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(3)
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The President and the Vice-President of the Council shall exercise such
powers and discharge such duties as may be prescribed by the regulations.
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5.
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(1)
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Elections under this Chapter shall be conducted in such manner as
may be prescribed by rules.
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(2)
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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.
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(3)
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The expenses of the Tribunal shall be borne by the Council.
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6.
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(1)
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Subject to the provisions of this section, an elected or nominated
member shall hold office 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.
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(2)
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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.
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(3)
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A member shall be deemed to have vacated his seat --
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i.
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if he is absent without excuse, sufficient in the opinion of the
Council, from three consecutive ordinary meetings of the Council;
or
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ii.
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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
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iii.
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in the case where he has been elected 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.
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(4)
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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.
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(5)
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Members of the Council shall be eligible for re-election or
re-nomination, but not exceeding three consecutive terms.
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| 7. |
No act or proceeding of the Council or the Executive Committee or any other
Committee shall be invalid merely by reason of -
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a.
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any vacancy in, or defect in the constitution of the Council, the
Executive Committee or any other committee, or
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b.
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any defect in the election or nomination of a person acting as a member
thereof, or
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c.
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any irregularity in procedure not affecting the merits of the case.
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| 8. |
A person shall not be eligible for election or nomination as a member of the
Council, if he --
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a.
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is an undischarged insolvent; or
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b.
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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.
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9.
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(1)
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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.
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(2)
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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.
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(3)
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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.
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10.
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(1)
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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.
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(2)
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The Executive Committee shall consist of the President and the
Vice-President of the Council who shall be members ex-officio and five
other members who shall be elected by the Council from among its
members.
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(3)
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The President and the Vice-President of the Council shall be the
Chairman and Vice-Chairman respectively of the Executive Committee.
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(4)
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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.
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(5)
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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.
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| 11. |
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.
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12.
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(1)
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The Council shall -
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a.
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appoint a Registrar who shall act as its Secretary and who may
also act, if so decided by the Council, as its treasurer;
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b.
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appoint such other officers and employees as the Council deems
necessary to enable it to carry out its functions under this Act;
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c.
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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.
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(2)
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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.
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(3)
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All the persons appointed under this section shall be the employees of
the Council.
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13.
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(1)
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There shall be established a Fund under the management and control of
the Council into 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.
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(2)
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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.
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(3)
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The Council shall keep proper accounts of the Fund distinguishing
capital from revenue.
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(4)
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The annual accounts of the Council shall be subject to audit by an
auditor to be appointed annually by the Council.
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(5)
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As soon as may be practicable at the end of each year, but not 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.
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(6)
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The Fund shall consist of --
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a.
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all moneys received from the Central Government by way of grant,
gift or deposit;
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b.
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any sums received under this Act whether by way of fee or
otherwise.
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(7)
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All moneys standing at the credit of the Council which cannot be
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.
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14.
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(1)
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The qualifications included in the schedule or notified under section
15 shall be recognised qualifications for the purposes of this Act.
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(2)
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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.
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15.
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(1)
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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.
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(2)
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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, and 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.
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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
in respect of any architectural qualification.
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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.
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| 18. |
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.
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19.
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(1)
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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.
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(2)
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The inspectors 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.
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(3)
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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.
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20.
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(1)
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When upon report by the Executive Committee it appears to the Council -
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a.
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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
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b.
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that the staff, equipment, accommodation, training and other
facilities for staff and training provided in such college or
institution,
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do not conform to the standards prescribed by
regulations, the Council shall make a representation to that
effect to the appropriate Government.
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(2)
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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.
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(3)
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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.
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(4)
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The Central Government --
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a.
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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
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b.
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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,
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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, 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.
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(5)
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For the purposes of this section, "appropriate Government" means --
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a.
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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
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b.
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in any other case, the State Government.
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| 21. |
The Council may prescribe the minimum standards of architectural education
required for granting recognised qualifications by colleges or institutions
in India.
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22.
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(1)
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The Council may by regulations prescribe standards of professional
conduct and etiquette and a code of ethics for architects.
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(2)
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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.
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Chapter - III (
Registration of Architects ) |
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23.
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(1)
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The Central Government shall, as soon as may be, cause to be prepared
in the manner hereinafter provided a register of architects for India.
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(2)
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The Council shall upon its constitution assume the duty of maintaining
the register in accordance with the provisions of this Act.
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(3)
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The register shall include the following particulars, namely :-
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a.
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the full name with date of birth, nationality and residential
address of the architect ;
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b.
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his qualification for registration, and the date on which he
obtained that qualification and the authority which conferred
it ;
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c.
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the date of his first admission to the register;
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d.
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his professional address ; and
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e.
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such further particulars as may be prescribed by rules.
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24.
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(1)
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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.
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(2)
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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 prescribed by rules, shall
be made to the Registration Tribunal.
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(3)
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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.
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(4)
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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.
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(5)
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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.
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(6)
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The Registrar shall amend, where necessary, the register in accordance
with the decisions of the authority appointed under sub-section (4).
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(7)
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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.
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(8)
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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.
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| 25. |
A person shall be entitled on payment of such fees 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 --
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a.
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holds a recognised qualification, or
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b.
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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
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c.
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possesses such other qualifications as may be prescribed by
rules :
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Provided that no person other than a citizen of India shall be entitled
to registration by virtue of a qualification --
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a.
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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
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b.
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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.
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26.
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(1)
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After the date appointed for the receipt of applications for
registration in the first register of architects, all applications for
registration shall be addressed to the Registrar of the Council and
shall be accompanied by such fee as may be prescribed by rules.
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(2)
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If upon such application the Registrar 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.
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(3)
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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.
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(4)
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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 the rules.
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27.
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(1)
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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.
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(2)
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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.
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(3)
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On payment of the renewal fee, the Registrar shall, in such manner as
may be prescribed by rules, endorse the certificate of registration
accordingly.
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| 28. |
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.
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29.
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(1)
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The Council may, by order, remove from the register the name of any
architect -
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a.
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from whom a request has been received to that effect, or
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b.
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who has died since the last publication of the register.
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(2)
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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,
--
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a.
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that his name has been entered in the register by error or on
account of misrepresentation or suppression of a material
fact; or
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b.
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that he has been convicted of any offence which, in the opinion
of the Council, involves moral turpitude; or
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c.
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that he is an undischarged insolvent; or
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d.
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that he has been adjudged by a competent court to be of unsound
mind.
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(3)
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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.
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|
|
(4)
|
An order under sub-section (2) shall not take effect until the expiry
of three months from the date thereof.
|
|
30.
|
(1)
|
When on receipt of a complaint 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 practise 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. |
A person whose name has been removed from the register under sub-section
(2)of section 27, sub-section (1) or sub-section(2) of section 29 or
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, shall forthwith surrender his certificate of
registration to the Registrar, and the name so removed shall be published
in the Official Gazette.
|
| 32. |
The Council may, at any time, for reasons appearing to it 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. |
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 the rules.
|
| 34. |
As soon as may be after the Ist 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 persons applying therefore on
payment of such fee as may be prescribed by rules and shall 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 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 or State
Government.
|
 |
Chapter - IV ( Miscellaneous ) |
| 36. |
If any person whose name is not for the time being entered in the register
falsely represents that it is 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.
|
(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.
|
|
Explanation - For the purposes of clause (a), --
|
|
|
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 provisions 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. |
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.
|
(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 any offence punishable under this Act.
|
|
40.
|
(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. |
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 there under.
|
| 42. |
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 of the
Indian Penal Code.
|
|
43.
|
(1)
|
If any difficulty arises in giving effect to the provisions of this
Act, the Central Government may, by order published in the Official
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.
|
(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 matters,
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 sections 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.
|
(1)
|
The Council may, with the approval of the central Government,
*[by notification in the Official Gazette] make regulations not
inconsistent with the provisions of this Act, or the rules made
there under to carry out the purposes 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 powers 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 times and places at which such meetings shall
be held, the conduct of business thereat and the number of
persons 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;
|
|
|
j.
|
any other matter which is to be or may be provided by
regulations under this Act and in respect of which no rules have
been made.
|
|
|
*(3)
|
Every regulation 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 regulation
or both Houses agree that the regulation should not be made, the
regulations 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 regulation
|
 |
Schedule |
1.
|
Bachelor Degree of Architecture awarded by Indian Universities established by an Act of the Central or State Legislature.
|
|
2.
|
National Diploma (Formally All India 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.
|
|
12.
|
Diploma in Architecture awarded by the University of Nagpur during the period 1962 to
1964.1
|
|
13.
|
Bachelor Degree in Architecture awarded by the School of Planning of Architecture, New Delhi (an Institution deemed to be a University) with effect from
3-12-1979.2
|
|
14.
|
Diploma in Architecture awarded by the Centre for Environment Planning and Technology (CEPT), Ahmedabad, with effect from
16-10-1980.3
|
|
15.
|
Diploma in Architecture awarded by the Institute of
Environment Design to the students trained at the D.C. Patel School of
Architecture, Vallabh Vidya Nagar (Gujarat). 4, 5 & 7
|
|
16.
|
Five-Year Diploma in Architecture awarded by the Sushant School of Art and Architecture, Gurgaon
(Haryana) with effect from 1.6.1994 to the students trained at the Sushant School of Art and Architecture, Gurgaon
(Haryana).6
|
|
17.
|
Five-Year Diploma in Architecture awarded by the TVB School of Habitat Studies, Sector-D, Vasant Kunj, New Delhi with effect from 1.8.1995 to the students trained at the TVB School of Habitat Studies, Sector-D, Vasant Kunj, New
Delhi.8
|
|
18
|
Bachelor Degree of Architecture
awarded by every Institution for higher education declared
to be a university under Section 3 of the University
Grants Commission Act, 1956 (3 of 1956)11
|
|
|
|
|
9[Section-15 read with proviso to Sub-Section (2) of Section-14] : Foreign Qualifications
AUSTRALIA
-
Degree of Bachelor of Architecture awarded by the University of Adelaide.
-
Degree of Bachelor of Architecture awarded by the University of Melbourne.
-
Degree of Bachelor of Architecture awarded by the University of New South Wales, Kensington.
GERMANY
-
Diploma-Ingeniur awarded by the Technical Universities in Federal Republic of Germany in Architecture.
SWITZERLAND
-
Doctorate of Technical Sciences in Architecture awarded by Swiss Federal Institute of Technology, Zurich (Recognised at par with Ph.D. degree of the Indian Universities).
U.K.
-
Degree of Architecture awarded by the Universities of Cambridge, Durham, Edinburgh, Glassgow, Liverpool, London, Manchester, Sheffield, Wales.
The Diploma of the Architectural Association, London.
-
Associateship Examination of the Royal Institute of British Architects, London
(A.R.I.B.A. Examination)/Corporate Membership of the Royal Institute of British Architects, London).
UKRAINE
7(a) Diploma/Master of Science in Architecture awarded by Odessa State Academy of Civil Engineering and Architecture, Odessa, Ukraine.10
-
Notified in the Gazette of India Part II Section 3 sub-Section (i) with G.S.R. No. 780 dated 4-7-1973.
-
Notified in the Gazette of India Part II Section 3 sub-Section (i) with G.S.R. No. 790 dated 18-9-1982, Page No. 2216-17.
-
Notified in the Gazette of India Part II Section 3 sub-Section (i) with G.S.R. No. 866 dated 16-10-1982, Page No. 2423.
-
Notified in the Gazette of India vide Ministry's 16-12/87-T-12/TD-3 dated 29-11-1990.
-
Notified in the Gazette of India vide Ministry’s No. F.16-12/87-T.3/T.D. III dated 7.10.1993.
-
Notified in the Gazette of India vide G.S.R. 482 dated 12-9-1994.
-
Notified in the Gazette of India vide G.R.R. No. 361 dated 29-7-1995.
-
Notified in the Gazette of India vide Ministry's F.No. 26-1/95-T-S-III dated 25-1-1996.
-
Notified in the Extra Ordinary Gazette of India Part II Section 3 sub-Section (1) dated 27-2-1973.
-
Notified, vide GSR No.318 dated 01-06-2001, in the Gazette of India Part II-Section 3 - sub-Section (i) on 16-06-2001.
-
Notified, vide GSR No.108 (E) dated 25-02-2005, in the Extraordinary Gazette of India Part II-Section 3-Sub-section (i) on 28-05-2005
8. (a) Bachelors Degree in Architecture awarded by the American Universities/Institutions,
the curricula of which are accredited to the National Architectural Acerediting Board (USA)
-
University of Arizona, Tucson, Arizona.
-
Arizona State University, Tempe, Arizona.
-
University of Arkansas, Fayetteville, Arkansas-72701.
-
Auburn University, Auburn, Alabama.
-
California Polytechnic State University, San Luis, Obsro California.
-
Carnegie-Mellon University, Pittsburgh, Pennsylvania-15213.
-
Case Western Reserve University, University Circle, Cleveland, Ohio.
-
The Catholoic University of America, Washington, D.C.
-
University of Cincinnati, Cincinnati, Ohio-45221.
-
City College, The City University of New York, New York, N.Y.
-
Clemson University, Clemson, South Carolina-29631.
-
University of Colorado, Boulder, Colorado.
-
Columbia University, Momingside Heights, New York, N.Y. 10027.
-
The Cooper Union for the Advancement of Science and Art, Cooper Square, New York, N.Y.
-
Cornell University, Ithaca, New York.
-
Detroit Institute of Technology, Detroit, Michigan.
-
University of Florida, Gainesville, Florida-32601.
-
Georgia Institute of Technology, Atlanta, Georgia-30332.
-
Harvard University, Cambridge, Massachusetts-02138.
-
University of Houston, Texas.
-
Howard University, Washington, D.C. 20001.
-
Illinois Institute of Technology, Chicago, Chicogo Illinois-60616.
-
The University of Chicago, Chicago Illinios.
-
The University of Illinios, Urbana, Illinios-60801.
-
Iowa State University of Science and Technology, Ames, Iowa 50010.
-
Kansas State University of Agriculture and Applied Science, Manhattan, Kansas-66502.
-
University of Kansas, Lawrence, Kansas-66044.
-
Kent State University, Kent, Ohio.
-
University of Kentucky, Lexington, Kentucky-40506.
-
Louisiana State University and A.M.College, Baton Rouge, Lousiana.
-
Massachusetts Institute of Technology, Cambridge, Massachusetts-02139.
-
Miami University, Oxford, Ohio-45056.
-
The University of Michigan, Ann Arbor, Michigan-48104.
-
University of Minnesota, Minneapolis, Minnesota.
-
Montana State University, Bozeman, Montana.
-
University of Nebraska, Lincolon, Nebraska.
-
North Carolina State University at Raleigh, Raleigh, North Carolina.
-
University of Notre Dame, Notre Dame, Indiana.
-
Ohio State University, Columbus, Ohio-43200.
-
Oklahoma State University, Stillwater, Oklahoma.
-
University of Oklahoma, Norman, Oklahoma.
-
University of Oregon, Eugene and Portland, Oregon-97403.
-
The Pennsylvania State University, University Park, Pennsylvania-16802.
-
Pratt Institute, Brooklyn, New York-11205.
-
Reneseelayer Polytechnic Institute, Troy, New York.
-
Rhode Island School of Design, Providence, Rhode Island.
-
Rice University, Houston, Texas-770001.
-
University of Southern California, Los Angeles, California.
-
Syracuse University, Syracuse, New York-13210.
-
The Texas A & M University, College Station, Texas.
-
Texas Tech. University, Lubbock, Texas.
-
Stephen F. Austin State University, Nagogdoches, Texas.
-
Tulane University of Louisiana, New Orleans, Louisiana.
-
University of Utah, Salt Lake City, Utah.
-
University of Virgina, Charlottesville, Virginia.
-
Virginia Polytechnic Institute and State University, Blacksburg, Virginia.
-
Yale University, New Haven, Connecticut.
-
Ball State University, Muncie, Indiana.
-
Hampton Institute, Hampton, Virginia.
-
University of Hawaii, Honolulu, Hawaii-96822.
-
University of Idaho, Moscow, Idaho.
-
North Dakota State University, Fargo, North Dakota.
-
University of Southwestern Louisiana, Lafayette, Louisiana.
-
University of Tennessee System, Knoxville, Tennessee-37916.
-
Tuskegee Institute, Alabama.
-
Washington State University, Pullman, Washington.
-
Boston Architectural Centre, Boston, Massachessets.
8.(b) Graduate (Master's and Doctor's) Degree in Architecture awarded by Accredited American Universities/Institutions.
-
University of California, Berkeley Campus, California.
-
The Catholic University of America, Washington D.C.
-
City College, The City University of New York, New York, N.Y.
-
Clemson University, Clemson, South Carolina.
-
Cornell University, Ithaca, New York.
-
University of Florida, Gainesville, Florida.
-
Harvard University, Cambridge, Massachusetts.
-
Howard University, Washington D.C.
-
University of lllinois, Urbana, IIIinois.
-
Iowa State University of Science and Technology, Ames, lowa
-
Kansas State University of Agriculture and Applied Sciences, Manhattan, Kansas.
-
University of Kans | |