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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 56] NEW DELHI, FRIDAY, NOVEMBER 28, 1969/AGRAHATANA 7, 1891

Separate paging is given to this Part in order that it may be filed

as a separate compilation

RAJYA SABHA

The following report of the Joint Committee of the Houses of Parlia- ment on the Bill to provide for the registration of architects and for purposes connected therewith was presented to the Rajya Sabha on the 28th November, 1969.

COMPOSITION OF THE JOINT COMMITTEE

1. Shri Mudumala Henry Samuel—Chairman

MEMBERS

Rajya Sabha

2. Shri M. Ruthnaswamy

3. Shri Prem Manohar 4. Shri Rewati Kant Sinha 5. Sardar Narindar Singh Brar

6. Shri U. N. Mahida 7. Shri M. M. Dharia 8. Shrimati Vidyawati Chaturvedi 9. Shri Anand Chand

10. Shri Baharul Islam 11. Shri N. Sri Rama Reddy

(1003)

817 G of I—1.

12. Shri Syed Hussain

13. Shri Sinam Krishnamohan Singh

14. Shri A. C. Gilbert

15. Shri C. L. Varma

Lok Sabha

16. Shri Ramchandra J. Amln

17. Shri J. B. S. Bist

18. Shri Anil K. Chanda

19. Shri Tulsidas Dasappa

20. Shri Kansari Haider

21. Shri J. N. Hazarika

22. Shri Hem Barua

23. Shri S. M. Joshi

24. Shri Dhireswar Kalita

25. Kumari Kamla Kumari

26. Shri Sitaram Kesri

27. Shri Balraj Madhok

28. Shri Bijoy Modak

29. Shri Piloo Mody

30. Shrimati Shakuntala Nayar

31. Shri Chlntamani Panigrahi

32. Shri Anantrao Patil

33. Shri V. Narasimha Rao

34. Shri P. Antony Reddi

35. Shri V. Sambasivam

36. Shrimati Tara Sapre

37. Shri Erasmo de Sequeira

38. Shrimati Jayaben Shah

39. Shri Naval KiEhore Sharma

40. Shri Prakash Vir Shastri

41. Shri P. Sivasankaran

42. Shri S. D. Somasundaram

43. Shri M. G. Uikey

44. Shri G. Venkatswamy

A5. Dr. V. K. R. V. Rao.

REPRESENTATIVES OF THE MINISTRIES

Ministry of Law

1. Shrl P. L. Gupta, Additional Legislative Counsel.

2. Shri R. N. Shinghal, Deputy Legislative Counsel.

Ministry of Education and Youth Services

1. Shri L. S. Chandra Kant, Joint Educational Adviser,

2. Shri M. N. Baliga, Assistant Educational Adviser (T).

SECRETARIAT

1. Shri S. S. Bhalerao, Joint Secretary.

2. Shri S. P. Ganguly, Deputy Secretary.

3. Shri Kishan Singh, Under Secretary.

REPORT OF THE JOINT COMMITTEE

1. the Chairman of the Joint Committee to which the Bill* to provide for the registration of architects and for purposes connected therewith, was referred, having been authorised to submit the Report on their be- half, present this their Report, with the Bill as amended by the Com- mittee, annexed thereto.

2. The Bill was introduced in the Rajya Sabha on the 10th December, 1968. The motion for reference of the Bill to a Joint Committee of the Houses was moved by Prof. V. K. R. V. Rao, Minister of Education, on the 15th May, 1969 and was adopted by the House on the same day.

3. The Lojt Sabha discussed and concurred in the motion on the 16th May, 1969.

4. The message from Lok Sabha was reported to Rajya Sabha on the 16th May, 1969.

5. The Committee held nine sittings in all.

6. At their first sitting held on the 17th May, 1969 the Committee decided that a Press Communique be issued inviting opinions from va- rious Individuals, associations and other bodies interested in the subject- matter of the Bill and advising them to send memoranda thereon to the Rajya Sabha Secretariat by the 14th June, 1969. The Committee also desired that some leading organisations connected with architectural pro- fession be approached for giving their views on the Bill.

7. Twenty-seven Memoranda etc. on the Bill were received by the Committee.

8. The Committee heard evidence tendered by six witnesses.

9. The Committee decided that the evidence tendered before them may be laid on the Table of the House.

10. The Report of the Committee was to be presented by the 29th August, 1969. The Committee were however granted an extension of

•Published In Part H, Section 2 of the Gazette of India Extraordinary, dated the 10th December, 1988.

time upto the last day of the Seventh (November-December, 1969) Session of the Rajya Sabha.

11. The Committee considered and adopted the Draft Report on the 21st November, 1969.

12. The principal changes suggested by the Committee in the Bill and the reasons therefor are set out in the succeeding paragraphs: —

CLAUSE 2

Paragraph (a): During the course of tendering oral evidence before the Committee some witnesses contended that the definition of the term "architect" as given in the Bill could be construed to mean that a person other than an architect would not be qualified to design and supervise the erection of any building. Such an interpretation, it was apprehended, would debar a large number of persons including Civil Engineers to continue to earn their livelihood as architects even though they had been practising that profession for a number of years. Several members of the Committee also felt the same doubt.

To remove this misgiving the Committee have amended the definition of the term "architect" so that the title may be used by all persons, irres- pective of their qualification, whose names are borne on the register of architects to be maintained by the Architect's Registration Council.

Paragraph (f) (Original): Consequent on the amendment to para- graph (a) above defining the term "architect" the definition of the ex- pression 'registered architect' in paragraph (f) has become redundant. The Committee have, therefore, deleted the paragraph.

CLAUSE 3

Sub-Clause (3): The Committee are of the opinion that in the matter of constitution of the Architect's Registration Council, heavy weightage has been given in the Bill to those holding office under the Government and Semi-Government bodies as nominees of those bodies, leaving very little scope for representation of non-official professional bodies.

In order, therefore, to increase the representation of non-officials on the Council the Committee have decided that: —

(i) the Governments of States need not necessarily be represented on the Council by an architect to the Government of the State concerned or by an architect serving under that Government. In- stead, the Government of a State should have discretion to no- minate any architect from that State. Paragraph (f) has been amended accordingly.

(ii) the representation of the Institution of Engineers (India) to the Council should be increased from one to two persons, Paragraph (g) has been amended to provide for such increased representa- tion.

(iii) the Institution of Surveyors of India should also be represented in the Council by one of its members. A new paragraph (h) has been added for the purpose.

A new Explanation has been added to the sub-clause which is of a

clarificatory nature.

Sub-clause (4): The Committee are of the opinion that pending the preparation of the register of architects, the Central Government may nominate to the first Council, persons referred to in paragraph (a) of sub- clause (3) only in consultation with ihe Indian Institute of Architects.

The sub-clause has therefore, been amended suitably.

Sub-clause (5) (new): The sub-clause has been added to facilitate representation of persons referred to in paragraph (f) of sub-clause (3) from each Slate Us the first Counc.l pending the preparation of the regis- ter in consultaf on with th-i State Government concerned.

CLAUSE 5

The Committee are of the opinion that where any dispute arises re- garding any election, it should appropriately be referred for decision to a Tribunal appointed by the Central Government for the purpose. The clause has b ; tn amended su'tably to achieve the object. Ancillary mat- ters have al.o been provided for in the clause.

CLAUSE 8

The Committee are of the opinion that a person convicted and sen- tenced to imprisonment for not less than two years, for whatever offence should be debarred from election or nomination to the Council. While amending the clause for the purpose, the Committee have also fixed five years as the period for which such a person should continue to be ineli- gible for election or nomination to the Council after his release.

CLAUSE 16

The scope of the clause has been widened in order to enable the Cen- tral Government to amend Part I or Part II of the Schedule after con- sultation with the Council for the purpose of recognising any architec- tural qualification.

CLAUSE 20

The Committee are of the opinion that the procedure for withdrawal cf recognition of any qualification awarded by an institution, as originally provided in the clause was time-consuming and should, if possible, be simplified. The Committee have accordingly amended the clause to simplify the procedure.

CLAUSE 25

The Committee hava liberalised the condition for registration of a person as an architect who does not hold any recognised qualification but who has been engaged in practice as an architect for a period of not less than 5 years. Two of the conditions prescribed for the purpose in the original clause viz. (i) that the practice as an architect should have been his principal means of livelihood; and (ii) that he should be a member of the Indian Institute of Architects, have been removed.

CLAUSE 31 (ORIGINAL)

The Committee arc of the opinion that since the removal of tho name of an architect from the register on the grounds enumerated in sub-clause (2) of clause 29, would be ordered by the Council only when the Council was fully satisfied as to the justification thereof after giving the said architect reasonable opportunity of being heard tnd making such further enquiry as the Council might think fit, there was no need for making fur- ther provision for an appeal to the Central Government in this regard. The clause has, therefore, been deleted.

CLAUSE 34 (ORIGINAL CLAUSL: 35)

After the coming into force of this Act, a person who Ts not entitled to' use the title and style of architect ennnot call himself an architect. If therefore, a plan or a certificate in respect of any building in required by or under any law from an architect it musl: be signed by a person whose name is borne on the register to be maintained under this Act. The Committee, therefore, are of Ihe opinion that a provision like the one made in sub-clause (2) (original) of thin clause is not required and have accordingly deleted the sub-clause.

CLAUSE 37 (ORIGINAL)

The Committee are of the view that if the emi/;:;:! is allowed to stand, every architect, irrespective of the fact whether he i^ or is not eligible for registration, might after the commencement of the Act and before the register is completed be liable to punishment. The clai_re has there- fore been deleted.

CLAUSE 36 (ORIGINAL CLAUSE 33)

The original clause ccnt-'mplrted p^ot.-ci.lnn +•? the profession of architect. The Bill, as now amended by the Comnrlttne however, provides for the protection of tho u^e of the title and style of architect only. The clause has accordingly been amended to suit the requirements of provi- sions of the Bill, as it has emerged from the Committee.

THE SCHEDULE

The Committee have revised the Schedule so as to make it more com- prehensive by including therein all the architectural qualifications that are approved by the U.P.S.C. for the purpose of recruitment to the post of architect.

The other changes made in the Bill are of consequential or drafting nature.

13. The Committee recommend that the Bill, as amended, be passed.

MUDUMALA HENRY SAMUEL,

Chairman of the Joint Committee.

NEW DELHI ;

November 21, 1969.

MINUTE OF DISSENT

With Clause 38 standing as in tho original Bill, the Act would have debarred any person, other than a registered Architect, from practising the profession of an Architect.

In such circumstances, I feel that the provision of Clause 25(1) (b) (which enables registration of any citizen who does not hold any qualifi- cation mentioned in the Schedule, but has been engaged In practice as an Architect for a period of not loss than 5 years) would have been both justified, and necessary. Otherwise, we would have debarred those who have already been practising this profession for a long time, from con- tinuing to practise.

Now that the provision! of Clause 38 (1) have been modified to debar not the practice of the profession of an Architect, but only the use of the name and style of Architect. I cannot find justification for the continua- tion in the Bill of the provisions of Clause 25 (1) (b).

In fact I feel that it is unfair to permit a person, who is not a qualified Architect, to use the name and style of Architect, especially when the purpose of the Bill is now restricted only to the protection of this name and style. As such, I feel that sub-clause (1) (b) of Clause 25 should have been deleted from the Bill.

ERASMO DE SEQUEIRA

THE ARCHITECTS BILL, 1968

ARRANGEMENT OF CLAUSES

CHAPTER I

PRELIMINARY

CLAUSES

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

ARCHITECTS' REGISTRATION COUNCIL

3. Constitution of Council.

4. President and Vice-President of Council.

5. Mode of elections.

6. Term of office and casual vacancies.

7. Vacancies in Council not to invalidate action taken,

8. Disabilities.

9. Meetings of Council.

10. Executive Committee and other committees.

11. Fees and allowances to President Vice-President and members.

12. Officers and employees of Council and their remuneration.

13. Finances of Council. 14. Recognition of qualifications granted by authorities in India.

15. Recognition of architectural qualifications granted by autho- rities in countries with which there is a scheme of recipro- city.

16. Powers of Central Government to amend Schedule.

17. Effect of recognition.

18. Power to require information as to courses of study and examinations.

19. Inspection of examinations.

20. Withdrawal of recognition.

21. Minimum standard of architectural education.

22. Professional conduct.

817 G at 1—2.

CLAUSES

, CHAPTER III

REGISTRATION OF ARCHITECTS

23. Preparation and maintenance of register.

24. First preparation of register.

25. Qualification for entry in register.

26. Procedure for subsequent registration.

27. Renewal fees.

28. Entry of additional qualification.

29. Removal from register.

30. Procedure in inquiries relating to misconduct.

31. Restoration to register.

32. Issue of duplicate certificates.

33. Printing of register.

34. Effect of registration.

CHAPTER IV

MISCELLANEOUS

35. Penalty for falsely claiming to be registered.

36. Prohibition against use of title.

37. Failure to surrender certificate of registration.

38. Cognizance of offences.

39. Information to be furnished by Council and publication thereof.

40. Protection of action taken in good faith.

41. Members of Council and officers and employees to be public servants.

42. Power to remove difficulties.

43. Power of Central Government to make rules.

44. Power of Council to make regulations.

THE SCHEDULE

Bill No. XLV-B of 1968

THE ARCHITECTS BILL, i968

[AS REPORTED BY THE JOINT COMMITTEE]

[Words side-lined or underlined indicate the amendments suggested by

the Committee; asterisks indicate omissions.]

A

BILL

to provide for the registration of architects and for purposes connected

therewith.

BE It enacted by Parliament in the Twentieth Year of the Republic

of India as follows: —

CHAPTER I

PRELIMINARY

1. {1) This Act may be called the Architects Act, 1969.

(2) It extends to the whole of India.

Short title, extent and commence- ment.

(3) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,—

Defini- tions.

I (a) "architect" means a person whose name is for the time being entered in the register;

(b) "Council" means the Architect's Registration Council con-

stituted under section 3;

(c) "Indian Institute of Architects" means the Indian Institute 21 of I860.

of Architects registered under the Societies Registration Act, I860;

(d) "recognised qualification" means any qualification in archi- tecture for the time being included in the Schedule;

(e) "register" means the register of architects maintained under section 23;

• * * * "

(f) "regulation" means a regulation made under this Act by the (Council;

(fir) "rule" means a rule made under this Act by the Central Government.

CHAPTER II

ARCHITECTS' REGISTRATION COUNCIL

Constitu- tion of Council.

3. (1) The Central Government shall, by notification in the Official Gazette, constitute, with effect from such date as may be specified in the notification, a Council to be known as the Architects' Registration Council, which shall be a body corporate, having perpetual succession and a com- mon seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and may by that name sue or be sued.

(2) The head 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.

(3) The Council shall consist of the following members, namely:—

(a) flvo * architects possessing recognised qualifications elected by the Indian Institute of Architects from among its members;

(b) two persons nominated by the All India Council for Techni- cal Education established by the Resolution of the Government of India in the Ministry of Education No. F. 16-10|44-E. ni, dated the 30th November, 1945;

(c) five persons elected from among themselves by heads of architectural institutions in India imparting full-time instruction for recognised qualifications;

(d) the Chief Architects in the Ministries of the Central Gov- ernment to which the Government business relating to defence and railways has been allotted and the head of the Architectural Organisation in the Central Public Works Department, ex-omcio; (c) one person nominated by the Central Government;

of that State;

(j) an architect from each State nominated by the Government! [

(g) two persons nominated by the Institution of Engineers

(India) from among its members; and

India from among its members.

(h) one person nominated by the Institution of Surveyors oil I

Explanation.—For the purposes of this sub-section—

(a) "Institution of Engineers (India)" means the Institution of Engineers (India) first registered in 1920 under the Indian Companies Act. 1913 and subsequently incorporated by a Royal Charter in 1935. 7 pf 1918.

(b) "institution of Surveyors" means the institution of Surveyors 21 of 1860.

registered under the Societies Registration Act, 1860.

(4) Notwithstanding anything contained in clause (a) of sub-section (3), the Central Government may, pending the preparation of the re- gister, nominate to the first Council, in consultation with the Indian Institute of Architects, persons referred to in the said clause (a) out of persons who are eligible for registration in the register, and such persons shall hold office for such period as the Central Government rnay, by noti- fication in the Official Gazette, specify.

(5) Notwithstanding anything contained in clause (f) of sub-section (3), the Central Government may, pending the preparation of the regis~ ;er, nominate to the first Council, in consultation with the State Govern- ment concerned, a person referred to in the said clause (f), out of persons who are eligible for registration in the register, and such persons shall lold office for such period as the Central Government may, by notifica- ;ion in the Official Gazette, specify.

4. (1) The President and the Vice-President of the Council shall be elected by the members of the Council from among themselves:

Presi- dent and Vice-Pre- sident of Coun- cil.

Provided that on the first constitution of the Council and until the President is elected, a member of the Council nominated by the Cen- tral Government in this behalf shall discharge the functions of the President.

(2) 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:

Provided that—

(a) the President or the Vice-President may, by writing under his hand addressed to the Vice-President or the President, as the case may be, resign his office;

(b) the President or the Vice-President shall, notwith- standing the expiry of his term of three years, continue to hold office until his successor enters upon his office.

(3) The President and the Vice-President of the Council shall exer- cise such powers and discharge such duties as may be prescribed by regulations.

5. (2) Elections under this Chapter shall be conducted in such manner Mode of elections.

as "may be prescribed by rules.

(2) Where any dispute arises regarding any such election, the matter shall be referred by the Council to a Tribunal appointed by the Central Government in this behalf, and the decision of the Tribunal shall be inal:

Provided that no such reference shall be made except on an applica- tion made to the Council by an aggrieved party within thirty days from the date of the declaration of the result of the election.

(3) The expenses of the Tribunal shall be borne by the Council,

6. (I) Subject to the provisions of this section, an elected or nomi- nated 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.

Term of office and casu- al vacan- cies.

(2) An elected or nominated member may, at any time, resign his membership by writing under his hand addressed to the President, or in his absence to the Vice-president, and the seat of such member shall thereupon become vacant.

(3) A member shall be deemed to have vacated his seat—

(i) if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive ordinary meetings of the Council* or

(ii) in the case where he has been elected under clause (a) of sub-section (5) of section 3, if he ceases to be a member of the Indian Institute of Architects, or —^

(Hi) 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.

(4) A casual vacancy in the Council shall be filled by fresh elec- tion 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 j nominated.

(5) Members of the Council shall be eligible for re-election or re- nomination.

7. No act or proceeding of the Council shall be invalid merely by reason of—

(a) any vacancy In, or defect in the constitution of, the Coun- cil, or

(b) any defect in the election or nomination of a person act- Vacan- cies in Council not to invali- date action taken.

ing as a member thereof, or

(c) any irregularity in procedure not affecting the merits of the case.

8. A person shall not be eligible for election or nomination as a Disabi- lities.

member of the Council, if he—

(a) is an undischarged insolvent; or

(b) has been convicted by a Court in India for any offence and sentenced to imprisonment for not less than two years, and shall continue to be ineligible for a further period of five years since his release.

Meet- ings of Council.

ft. (1) The Council shall meet at least once in every six months at such time and place and shall observe such rules of procedure in re- gard to the transaction of business at its meetings as may be pres- cribed by regulations.

(2) Unless otherwise prescribed by regulations, nine members of the Council shall form a quorum, and all the acts of the Council shall be decided by a majority of the members present and voting.

(3) In the case of an equal division of votes, the President or, in his absence, the Vice-President or, in the absence of both, the mem- ber presiding over the meeting, shall have a second or casting vote.

10. (2) Tho 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.

Execu- tive Com- mittee and other com- mittees.

(2) The Executive Committee shall consist of the President and the Vice-President of the Council who shall be members ex-offlcio and five other members who shall be elected by the Council from among its members.

(3) Tho President and the Vice-President of the Council shall be the

Chairman and Vice-Chairman respectively of the Executive Committee.

(4) A member of the Executive Committee shall hold office as such until the expiry of his term as a member of the Council but subject to his being a member of the Council, he shall be eligible for re-election.

(5) In addition to the powers and duties conferred and imposed on it by this Act, the Executive Committee shall exercise such powers and discharge such duties as may be prescribed by regulations.

11. The President, the Vice-President and other members of the Coun- cil shall be entitled to such fee and allowances as the Council may, with the previous sanction of the Central Government, fix in this behalf.

Fees and allowan- ces to Presi- dent, Vice- Presi- dent and members.

12. (1) The Council shall—

(a) appoint a Registrar who shall act as its Secretary and who

may also act, if so decided by the Council,, as its treasurer;

Officers and em- ployees of Council and their remune- ration.

(b) appoint such other officers and employees as the Council deems necessary to enable it to carry out its functions under this Act;

(c) with the previous sanction of the Central Government, fix the pay and allowances and other conditions of service of officers and employees of the Council.

(2) Notwithstanding anything contained in clause (a) of sub-section (1), for the first three years from the first constitution of the Council, the Registrar of the Council shall be a person appointed by the Central Gov- ernment, who shall hold office during the pleasure of the Central Gov- ernment.

(3) All the persons appointed under this section shall be the employees

of the Council.

Finan- ces of Council.

13. (2) 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.

(2) The Council may invest any money for the time being standing to the credit of the Fund in any Government security or in any other security approved by the Central Government.

(3) The Council shall keep proper accounts of the Fund distinguishing

capital from revenue.

(4) The annual accounts of the Council shall be subject to audit by an

auditor to be appointed annually by the Council.

(5) As soon as may be practicable at the end of each year, but not later than the thirtieth day of September of the year next following, the Council shall cause to be published in the Gazette of India 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 Gov- ernment.

(6) The Fund shall consist of—

(a) all money received from the Central Government by way of

grant, gift or deposit;

(b) any sums received under this Act whether by way of fee or

otherwise.

14. (1) The qualifications included in Part I of the Schedule shall be

recognised qualifications for the purposes of this Act.

Recogni- tion of qualifi- cations granted by autho- rities In India.

(2) Any authority in India which grants an architectural qualification not included in Part I of the Schedule may apply to the Central Govern- ment to have such qualification recognised, and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend Part I of 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.

15. (1) The architectural qualifications granted by authorities outside India which are included in Part II of the Schedule shall be recognised qualifications for the purposes of this Act.

Recogni- tion of architec- tural qualifl- cationa granted by autho- rities in countries with which there is a scheme of re- ciprocity.

(2) The Council may enter into negotiations with an authority in any country outside India which by the law of such country is entrusted with the maintenance of a register of architects, for the settling of a scheme of reciprocity for the recognition of architectural qualifications, and in pursuance of any such scheme, the Central Government may, b> notification in the Official Gazette, amend Part II of the Schedule so as to include therein the architectural qualification which the Council has decided should be recognised, 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.

(3) The qualifications included in Part II of the Schedule shall not entitle persons other than citizens of India to registration unless they have been declared to be recognised qualifications in accordance with the provisions of sub-section (2).

16. Notwithstanding anything contained in sub-section (2) of section ] 4 or sub-section (2) of section 15, the Central Government^ after consul- tation with the Council, may, by notification in the Official Gazette, amend any part of the Schedule by directing that an entry be made therein in respect of any architectural qualification. * * *

. Powers of Cen- tral Gov- ernment to am- end Sche- dule.

Effect of recogni- tion.

17. Notwithstanding anything contained in any other law, but subject to the provisions of this Act, any recognised qualification shall be a sufficient qualification for enrolment in the register.

18. 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 qualifi- cation is conferred and generally as to the requisites for obtaining such qualification.

Power to require informa- tion as to courses of study and exa- mina- tions.

Inspec- tion of exami- nations.

19. (1) The Executive Committee shall, subject to regulations, if any, made by the Council, appoint such number of inspectors as it may deem requisite to inspect any college or institution where architectural educa- tion is given or to attend any examination held by any college or institu- tion for the purpose of recommending to the Central Government recognition of architectural qualifications granted by that college or institution.

(2) The inspectors shall not interfere with the conduct of any train- ing or examination, but shall report to the Executive Committee on the adequacy of the standards of architectural education including staff, equipment, accommodation, training and such other facilities as may be prescribed by regulations for giving such education or on the sufficiency of every examination which they attend.

(3) The Executive Committee shall forward a copy of such report to the college or institution and shall also forward copies with remarks, if any, of the college or institution thereon, to the Central Government.

to the Council—

20. (1) When upon report by the Executive Committee it appears ' <

(a) that the courses of study and examination to be under- \

With- drawal of recogni- i tion.

gone in, ot the proficiency required from the candidates at any examination held by, any college or institution, or

(b) that the staff, equipment, accommodation, training and other facilities for staff and training provided in such college or Institution,

do not conform to the standards prescribed by regulations the Coun- cil shall make "a representation to that effect to the appropriate Govern- ment.

(2) After considering such representation the appropriate Govern- ment shall forward it along with such remarks as it may choose to make 1o the college or institution concerned, with an intimation of the period within which the college or institution, as the caae may be, may submit Its explanation to the appropriate Government.

17 G of 1—3.

(3) On .receipt of the explanation or where no explanation is sub- ::*.tted within the period fixed, then on the expiry of that period, tha Slate Government, in respect of the college or institution referred to in clause (b) of sub-section (5), shall make its recommendations to the Central Government.

(4) The Central Government—

(a) after making such further enquiry, if any, as it may thin! fit, in respect of the college or institution referred to in sub-sectior (3), or

(fe) on receipt of the explanation from a college or institution referred to in clause (a) of sub-section (5), or where no explana lion is submitted within the period fixed then, on the expiry of tha period,

may, by notification in the Official Gazette, direct that en entry shal be made in the appropriate part of the Schedule against the architecture qualification awarded by such college or institution, as the case may b" declaring that it shall be a recognised qualification only when grantei before a specified date and the Schedule shall be deemed to be amendei accordingly.

(5) For the purposes of this section, appropriate governmer

iiieans,—-

(a) in relation to any college or institution established by a Act of Parliament or managed, controlled or financed by the Cer tral Government, the Central Government, and

(b) in any other, case, the State Government.

21. The Council may prescribe the minimum standards of architec- tural education required for granting recognised qualifi"*+^'"" ViTr ""¹- lages or institutions in India.

Mini- mum stflflS* ard of architec- tural edu- cation.

. 22. (1) The Council may by regulations prescribe standards of pro- fessional conduct and etiquette and a code of ethics for * architects.

Profes- sional con- duct.

(?i "R^ulp-y.ons made by the Council under sub-section (1) may sp^c.iy which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and buch provision shall have effect notwithstanding anything contained in any law for the time being in force.

CHAPTER III

REGISTRATION OF ARCHITECTS

23, (1) The Central Government shall, as soon as may be, cause to- be-prepared in the manner hereinafter provided a register of architects i?or..India.

Prepara- tion and mainten- ance of register.

(2) The' Council shall "upon its constitution assume the duty of main- taining" the register in accordance with the provisions oi this

(3) The register shall include the following particulars, namely: —

(a) the full name with date of birth, nationality and residen- tial address of the * architect;

(b) his qualification for registration, and the date on which he obtained that qualification and the authority which conferred it;

(c) the date of his first admission to the register;

(d) his professional address; and

(e) such further particulars as may be prescribed by rules.

First pre- paration of regis- ter.

24. (1) For the purposes of preparing the register of architects for the first time, the Central Government shall, by notification in the Official Gazette, constitute a Eegistration Tribunal consisting of three liersons who' have, in the opinion of the Central Government, the know- ledge of, or experience in, architecture; and the Registrar appointed under section 12 shall act as Secretary of the Tribunal.

(2) The Central Government shall, by the same or a like notifica- tion, appoint a date on or before which application for registration, which shall be accompanied by the fee to be prescribed by rules, shall be made to the Registration Tribunal.

(3) The Registration Tribunal shall examine every application re- ceived on or before the appointed day and if it is satisfied that the appli- cant is qualified for registration under section 25, shall direct the entry of the name of the applicant in the register.

(4) The first register so prepared shall thereafter be published In such manner as the Central Government may direct and any person aggrieved by a decision of the Registration Tribunal expressed OT im- plied in the register so published may, within thirty days from the date of such publication, appeal against such decision to an authority appoint- ed by the Central Government in this behalf by notification in the Offi- cial Gazette.

(5) The authority appointed under sub-section (4) shall, after giv- ing the person affected an opportunity of being heard and after call- ing for relevant records, make such order as it may deem fi1.

(6) The Registrar shall amend, where necessary, the register in accordance with the decisions of the authority appointed under sub- section (4), .

(7) Everp .person whose name is entered in the register shall be Issued a certificate of registration in the form as may be prescribed by rules.

(8) Upon the constitution of the Council, the register shall be given into its custody, and the Central Government may direct that all or any specified part of the application fee for registration in the first register shall be paid to the credit of the Council;

25. A person shall be entitled on payment of the fee to be pres- cribed by rules to have his name entered in the register, if he resides or carries on the profession of architect in India and if he—-

Qualifi- cation for entry in regis- ter.

(a) holds a recognised qualification, or

(b) does not hold such a qualification but being a citizen of India, has been engaged in practice as an architect * * * for a period of not less than five years prior to the date appointed under sub- section (2) of section 24: * * *

Provided that no person other than a citizen of India shall be entitled to registration by virtue of a qualification—

(a) specified in Part I of the Schedule 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, OT

(b) specified in Part II of the Schedule unless the Central Gov- ernment has, in pursuance of a scheme of reciprocity or otherwise, declared that qualification to be a recognised qualification.

26. (1) After the date appointed for the receipt of applications for registration in the first register of architects, all applications for registra- tion shall be addressed to the Registrar of the Council and shall be accompanied by such fee as may be prescribed by rules.

Proce- dure for subse- quent registra-

tion.

(2) If upon such application the Registrar is of opinion that the appli- cant 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 entered in the register except with the approval of the Council.

(3) Any person whose application for registration is rejected by the Registrar may, within three months of the date of such rejection, appeal to the Council, who shall decide the same.

(4) Upon entry in the register of a name under this section, the Registrar shall issue a certificate of registration in the form as may be prescribed by rules.

Rene- wal fees.

27. (I) The Central Government may, by notification in the Official Gazette, direct that for the retention of a name in the register after the 31st day of December of the year following the year in which the name is first entered in the register, there shall be paid annually to the Council such renewal fee as may be prescribed by rules and where such direction has been made, such renewal fee shall be due to be paid before the first day of April of the year to which it relates.

(2) Where the renewal fee is not paid before the due date, the Regis- trar shall remove the name of the defaulter from the register:

Provided that a name so removed may be restored to the register on fuch conditions as may be prescribed bv rules.

(3) On payment of the renewal fee, the Registrar shall in the manner to be prescribed by rules, endorse the certificate of registration accordingly.

28. An architect shall, on payment of the fee as may be prescribed by rules, be entitled to have entered in the register any further recognised qualification which he may obtain.

29. (1) The Council may, by order, remove from the register the name of any architect—

Entry of addi- tional qualifi- cation. Removal from register.

(a) from whom a request has been received to that effect; or

(b) who has died since the last publication of the register.

(2) Subject to the provisions of this section, the Council may order that the name of any architect shall be removed from the register where it is satisfied, after giving him a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit to make,—

(a) that his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact; or

(b) that he has been convicted of any offence which, in the opinion of the Council, involves moral turpitude; or

(c) that he is an undischarged insolvent; or

(d) that he has been adjudged by a competent court to be of unsound mind.

(3) An order under sub-section (2) may direct that any architect whose name is ordered to be removed from a register shall be ineligible for registration under this Act either permanently or for such period of years as may be specified.

(4) An order under sub-section (2) shall not take effect until the expiry of three months from the date thereof.

B of 1908.

(5) A person whose name has been removed from the register under this section or under sub-section (2) of section 27 or where such person is dead, his legal representative as defined in section 2 of the Code of Civil Procedure, 1908, shall forthwith surrender his certificate of regis- tration to the Registrar, and the name so removed shall be published in the Official Gazette.

30. (1) When on receipt of a complaint made to it, the Council is of opinion that any * architect has been guilty of professional mis-conduct 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.

Proce- dure In inquiries relating to raU- condur'

(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 th register or pass such other order as it thinks fit.

Restora- tion to register.

31. The Council may, at any time, for reasons appearing to it to be sufficient and subject to the approval of the Central Government, order that upon payment of such fee as may be prescribed by rules, the name of the person removed from the register shall be restored thereto.

Issue of duplicate certifi- cates.

32. Where it is shown to the satisfaction of the Registrar that a certi- ficate of registration has been lost or destroyed, the Registrar may, on payment of such fee as may be prescribed by rules, issue a duplicate certificate in the form prescribed by rules.

Print- ing of register.

,33. As soon as may be after the 1st day of April in each year, the Registrar shall cause to be printed copies of the register as it stood on the said date and such copies shall be made available to persons applying therefor 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.

34. (1) Any reference in any law for the time being in force to

Effect of regis- tration.

an architect shall be deemed to be a reference to an architect regis- tered under this Act,

* * * * *

(2) After the expiry of one year from the date appointed under sub- section (2) of section 24, a person who is not registered in the register shall not, except with the sanction of the Central Government, hold any appointment as an architect under the Central or State Government or in any school, college, university or other institution which is supported wholly or partially from public or local funds or in any institution which is recognised by the Central or State Government.

CHAPTER IV

MISCELLANEOUS

Penalty for false- ly claim- ing to be regis- tered.

35. 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 sug- gest that his name is so entered, he shall be punishable with fine which may extend to one thousand rupees.

36. (1) After the expiry of one year from the date appointed under subjection (2) of section 24, no person other than an architect, or a firm of architects shall use the title and style of architect:

Prohibi- tion against use of

title.

Provided that the provisions of this section shall not apply to—

(a) practice of the profession of an architect by a person desig-

nated as a "naval architect" or "landscape architect";

(b) a person who, carrying on the profession of an architect In any country outside India, undertakes the function as a consul- tant or designer in India for a specific project with the prior permis- sion 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 to¹ six months or with fine not exceeding one thousand rupees or with both.

Failure to sur- render certifi- cate of registra- tion.

37. If any person whose name has been removed from thr 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 addi- tional fine which may extend to ten rupees for each day after the first during which he has persisted in the failure.

Cogniz- ance of offences.

38. (1) No court shall take cognizance of any offence punishable under this"Act, except upon complaint made by order of the Council or a per- son authorised in this behalf by the Council.

(2) No Magistrate other than a Presidency Magistrate or a Magis- trate of the first class shall try any offence punishable under this Act.

39. (1) The Council shall furnish such reports, copies of its minutes, and""other information to the Central Government as that Government may require.

Informa- tion to be fur- nished by- Council and pub- lication thereof.

(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.

Protec- tion of action taken in good faith.

40. No suit, prosecution or other legal proceeding shall lie against the"Central Government or the Council, or any officer or employee of the Council fox anything which is in good faith done or intended to be done ia pursuance of any of the provisions of this Act or, any rule or regulation made thereunder.

4-t, The members of the Council and officers and employees of the

45 of 1860.

Council shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

Mem- bers of Council and offi- cers and employ- ees to be public servants.

PoWer to re- move difficul- ties.

42. (1) If any difficulty arises In giving effect to the provisions of this Act. the Central Government may, by order published in the Offi- cial 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 dnd the provi- sions of sub-section (3) of section 43 shall apply in respect of'such o n j^ as It applies In respect of a rule mad*e" under this Act.

43. (2) The Central Government may, by notification in the Official

Gazette, make rules to carry out the purposes of this Act.

Power of Central Govern- ment to make rules.

(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;

(b) the particulars to be included in the register of architects

under sub-section (3) of section 23;

(c) 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 31;

(d) the fee to be paid under sections 24, 25, 26, 27, 28, 31 and

32;

(e) the conditions on which name may be restored to the regis-

ter under the proviso to sub-section (2) of section 27;

(f) the manner of endorsement under sub-section (3) of section

27;

(0) the manner in which the Council shall hold an enquiry

under section 30;

(h) the fee for supplying printed copies of the register under

section 33;

(1) any other matter which is to be or may be provided 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 successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in 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.

44. (1) The Council may, with the approval of the Central Government, make regulations not inconsistent with the provisions of this Act, or the rules made thereunder to carry out the purposes of this Act.

Power of Coun- cil to make re- gulations.

(2) In particular and without prejudice to the generality of the fore-

going power, such regulations may provide for—

(a) the management of the property of the Council;

(b) 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;

(c) the functions of the Executive Committee or of any other committee constituted under section 10;

(d) the powers and duties of the President and the Vice-Presi- dent of the Council;

(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 ba obtained in any college or institution for grant of recognised qualifications;

(/) thu appointment, powers and duties of inspector;

(g) the standards of staff, equipment, accommodation, training and other faci! ties for architectural education;

(h) the conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations;

( ) 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 under this Act and in respect of which no rules have been made.

THE SCHEDULE

(See sections 14 and 15)

PART I

QUALIFICATIONS

1. Bachelor Degree in Architecture awarded by Indian Universities established by an Act of the Central or State Legislature.

2. National Diploma (formerly All India Diploma) in Architecture awarded by the All Ind;a Council for Technical Education.

3. Degree of Bachelor of Architecture (B. Arch.) awarded by the Indian Institute oE 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 exami- nation 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 (also awarded by the former Government of Bombay) to private and part-time students with effect from 1956, subject to the condition that the candidates concerned have, after acquiring two years practical experience, also passed the following papers of the final exami- nation for the five-year fulPtime diploma course: —

(a) Design;

(b) Engineering (two papers);

(c) Services and equipment.

9. Diploma in Architecture awarded by the School of Architecture, Ahmedabad.

PART II

QUALIFICATIONS

Australia

1. Degree of Bachelor of Architecture awarded by the University of Adelaide.

2. Degree of Bachelor of Architecture awarded by the University of Melbourne.

3. Degree of Bachelor of Architecture awarded by the University of New South Wales, Kensington.

Germany

4. Diploma-Ingeniur awarded by the Technical Universities in the Federal Republic of Germany in architecture.

V.K.

5. Degree in Architecture awarded by the Universities of Cambridge, Durham, Edinburgh, Glasgow, Liverpool, London, Manchester, Sheffield, Wales.

6. Associateship Examination of the Royal Institute of British Archi- tects, London (A.R.I.B.A. Examination).

U.S.A.

7. Bachelor Degree in Architecture awarded by the American Uni- versities [Institutions, the curricula of which are accredited to the National Architectural Accrediting Board (USA).

8. Certificate of Fellowship awarded by the Frank Lloyd Wright Foundation, USA.

Yugoslavia

9. Doctorate Degree In Architecture awarded by the Zagreb Univer- sity, Yugoslavia.

B. N. BANERJEE,

Secretary.

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS. MINTO ROAD NKW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS DELHI, 19B9