Subject NOT available

click here for IIIF manifest

REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 12] NEW DELHI, MONDAY, APRIL 3, 1972/CHAITRA 14, 1894

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

as a separate compilation.

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the 3rd April, 1972: —

BILL NO. IX OF 1972

A Bill to provide for the registration of architects and for matters con-

nected therewith.

BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows: —

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Architects Act, 1972.

(2) It extends to the whole of India.

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

Short

title,

extent and

commence

merit.

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

Defini-

tions.

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

(b) "Council" means the Council of Architecture constituted under section 3;

21 of 1860.

(c) "Indian Institute of Architects" means the Indian Institute of Architects registered under the Societies Registration Act, 1860; (d) "recognised qualification" means any qualification in archi- tecture for the time being included in the Schedule or notified under section 15;

(247 )

(e) "register" means the register of architects maintained

under section 23;

(/) "regulation" means a regulation made under this Act by

the Council;

(g) "rule" means a rule made under this Act by the Central

Government.

CHAPTER II

COUNCIL OF ARCHITECTURE

Constitu- tion of Council of Architec- ture.

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 Council of Architecture, which shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and may by that name sue or be sued.

(2) The Head 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) five architects possessing recognised qualifications elected by

the Indian Institute of Architects from among its members;

(b) two persons nominated by the All India Council for Tech- nical Education established by the Resolution of the Government of India in the late Ministry of Education No. F. 13 iO|44-E. Ill, 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 Orga- nisation in the Central Public Works Department, ex officio;

(e) one person nominated by the Central Government;

(/) an architect from each State nominated by the Government

of that State;

(g) two persons nominated by the Institution of Engineers

(India) from among its members; and

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

India from among its members.

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

7oflU13.

(o) "Institution of Engineers (India)" means the Institution of Engineers (India) first registered in 1920 under the Indian Com- panies Act, 1913 and subsequently incorporated by a Royal Charter tn 1935.

(b) "Institution of Surveyors of India" means the Institution

of Surveyors registered under the Societies Registration Act, I860.

21 of 1860.

(4) Notwithstanding anything contained in clause (a) of sub-section (3), the Central Government may, pending the preparation of the regis- ter, nominate to the first Council, in consultation with the Indian Insti- tute 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.

(5) Notwithstanding anything contained in clause (f) of sub-section (3), the Central Government may, pending the. preparation of the regis- ter, nominate to the first Council, in consultation with the State Govern- ments 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.

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-Presi- dent of Oouncil.

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 bchali: shall discharge the functions of the President.

(2) An elected President or Vice-Prcsident 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 ofSce;

(b) the 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.

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

5. (1) Elections under this Chapter shall be conducted in such man- Mode of elections ner as may be prescribed by rules.

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

Provided that no such reference shall be made except on an 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. (2) Subject to the provisions of this section, an elected or nominat-

Terms of Offlce and casual vacancies.

ed member shall hold office for a term of three years from the date nf his election or nomination or until his successor has been duly elected or nominated, whichever is later.

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

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

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

(ii) if he ceases to be a member of the body referred to in clause (a), clause (g) or clause (h) of sub-section (3) of section 3 by which he was elected or nominated, as the case may be; or

(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 election jr nomination, as the case may be, and the person so elected or nomi- nated 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 nomi- nated.

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

nominatiotfi, but not exceeding three consecutive terms.

'7. No act or proceeding of the Council or the Executive Committee

or any other committee shall be invalid merely by reason of—

(a) any vacancy in, or defect in the constitution of, the Council,

the Executive Committee or any other committee, or

(b) any defect in the election or nomination of a person acting

as a member thereof, or

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

Validity of act or pro- ceeding of Council, Executive Com- mittee or other com- mittees not to be invalidat- ed by reason of vacancy, etc.

8. A person shall not be eligible for election or nomination as a mem- Disabili- ties.

ber of the Council, if he—

(a) is an undischarged insolvent; or

('fa) 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.

Meetings of Coun- cil.

9. (1) The Council shall meet at least once in every six months at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations.

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

(3) In the case of an equal division of voles, the President, or in his

absence, the Vice-President or, in the absence of both, the member pre- siding over the meeting, shall have and exercise a second or casting vote.

10. (2) The Council shall constitute from among its members an Exe- cutive 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-officio and five other members who shall be elected by the Council from among its mem- bers.

(3) The President and the Vice-President of the Council shall be the Chairman and Vice-Chairman respectively of the Executive Committee.

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

(5) In addition to the powers and duties conferred and imposed on It by this Act, the Executive Committee shall exercise such powers and dis- charge 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 fees 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

Officers and other em- ployees.

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

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

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

(2) Notwithstanding anything contained in clause (o) of sub-section (i), 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 Govern- ment.

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

of the Council.

Finances of Coun- cil.

13. (./) 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 ©11 expenses and liabilities pro- perly 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 aiiy 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 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 Gov- ernment.

(<•>) The Fund shall consist of—

(a) all moneys received from the Central Government by way

of grant, gift or deposit;

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

otherwise.

5 of 1970.

(7) All moneys standing at the credit of the Council which cannot immediately be applied shall be deposited in the State Bank of India or in any other bank specified in column 2 of the First Schedule to the Bank- ing Companies (Acquisition and Transfer of Undertakings) Act, 1970.

14. (1) The qualifications included in the Schedule or notified under section 15 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 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 Sche- dule 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 Gov- ernment shall, before issuing any notification as aforesaid, consult an ex- pert committee consisting of three members to be appointed by the Cen- tral Government by notification in the Official Gazette.

15. (1) The Central Government may, after consultation with the Council, direct, by notification in the Official Gazette, that an architec- tural 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 recog- nised 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 Govern- ment shall, before issuing any notification as aforesaid, consult the expert committee set up under the proviso to sub-section (2) of section 14.

Recogni- tion of architec- tural qualifica- tions granted by authori- ties in foreign coun- tries.

(2) The Council may enter into negotiations with the authority in any State or country outside India, which by the law of such State or country is entrusted with the maintenance of a register of architects, for settling of a scheme of reciprocity for the recognition of architectural qualifications, and in pursuance of any such scheme, the Central Govern- ment may, by. notification in the Official Gazette, direct that such archi- tectural qualification as tho Council has decided should be recognised, shall be deemed to be a recognised qualification for the purposes of this Act, amd any such notification may also direct that such architectural qualification shall be so recognised only when granted after a specified date or before a specified date.

16. Notwithstanding anything contained in sub-section (2) of section 14, the Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the Schedule by directing that an entry be made therein in respect of any architectural qualification.

Power of Cen- tral Gov- ernment to amend Schedule.

Effect of recogni- tion.

17. Notwithstanding anything contained in any other law, but subject to the provisions of this Act, any recognised qualification 3hall be a suffi- cient qualification for enrolment in the register.

18. Every authority in India which grants a recogjnised 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 ahid examinations are required to be undergone and such quali- fication is conferred and generally as to the requisites for obtaining such qualification.

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

Inspec- tion of examina- tions.

10. (1) The Executive Committee shall, subject to regulations, if any, made by tho Council, appoint such number of inspectors as it may deem requisite to inspect any college or institution where architectural edu- cation J'R Given or to attend any examination held by any college or ins- titution fnv 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 attejnd.

(3) The Executive Committee shall forward a copy of such report to

the college or institution and shall also forward copies with remarks, if any, of the college or institution thereon, to the Central government.

20. (I) When upon report by the Executive Committee it appears to the Council—

With- drawal of recog- nition.

(a) that the courses of study and examination to be undergone in, or the proficiency required from the candidates at any examina- tion 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 institu- tion,

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 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 ex- planation to the appropriate Government.

(3) On receipt of the explanation or where, no explanation is submit- ted within the period fixed, thqn on the expiry of that period, the State Government, in respect of the college or institution referred to in clause (fa) of sub-section (5), shall make its recommendations to the Central Government.

(4) The Central Government—

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

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

may, by notification in the Official Gazette, direct that an entry shall be made in the Schedule against the architectural qualification awarded by such college or institution, as the case may be, declaring that it shall be a recognised qualification only when granted before a specified date and the Schedule shall be deemed to be amended accordingly.

(5) For the purposes of this section, "appropriate government" means— (a) in relation to any college or institution established by an Act of Parliament or managed, controlled or financed by the Central Government, the Central Government, and

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

21. The Council may prescribe the minimum standards of architec- tural education required for granting recognised qualifications by colle- ges or institutions in India.

Minimum standard of archi- tectural educa- tion.

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

Profes- sional conduct.

(2) Regulations made by the Council under sub-section (1) may spe- cify which violations thereof shall constitute infamous conduct in any- professional respect, that is to say, professional misconduct, a

CHAPTER III

REGISTRATION OF ARCHITECTS

23. (/) The Central Government shall, as soon as may be, cause to be prepared in the manner hereinafter provided a register of architects for India.

Prepara- tion and main- tenance of re- gister.

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

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

(a) the full name with date of birth, nationality and residential address of the. architect;

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

(c) the date of his first admission to the register; (d) his professional address; and (c) such further particulars as may be prescribed by rules.

24. (1) For the purposes of preparing the register of architects for the first time, the Central Government shall, by notification in the Offi- cial Gazette, constitute a Registration Tribunal consisting of three per- sons who have, in the opinion of the Central Government, the knowledge of, or experience in, architecture; and the Registrar appointed under sec- tion 12 shall act as Secretary of the Tribunal.

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

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

(4) The first register so prepared shall thereafter be published in such manner as the Central Government may direct and any persotn aggri- eved 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 ajn authority appointed by the Central Government in this behalf by notification in the Official Gazette.

(5) The authority appointed under sxib-section (4) shall, after giving the person affected an opportunity of being heard and after calling for relevant records, make such order as It may deem fit.

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

(7) Every person whose name U entered in the register shall be issued a certificate of registration im such form as may be prescribed by rules.

(8) Upon the constitution of the Council, the register shall be given into its custody, and the Central Government may direct that the whole or any specified part of the application fees for registration in the first reglstci :hall be paid to the credit of the Council.

25. A person shall be entitled on payment of such fee as may be Qualifi- cation for entry in register-

prescribed by rules to have his name entered in the register, if he resi- des or carries on the profession of architect in India iand—

(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 d'.ite appointed under sub-section (2) of section 24, or

(c) possesses such other qualifications as may be prescribed by rules:

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

(a) recognised under sub-section (2) of section 15 unless by the law and practice of a country outside India to which such person be- longs, citizens of India holding architectural qualification registrable in that country are permitted to enter and practise the profession of architect in such country, or

(b) unless the Central Government has, in pursuance of a scheme of reciprocity or otherwise, declared that qualification to be a recog- nised qualification under sub-section (2) of section 15.

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

(2) If upon such application the Registrar is of opinion that the appli- Pro- cedure for subse- quent registra- tion.

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 re-entered in the register except with the approval of the Council.

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

(4) Upon entry in the register of a name under this section, the Regis- trar shall issue a certificate of registration in suoh form as may be pres- cribed by rules.

27. (1) The Central Government may, by notification in the Official Renewal fees.

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 such conditions as may be prescribed by rules.

(3) On payment of the renewal fee, the Registrar shall, in such man- ner as may be prescribed by rules, endorse the certificate of registration accordingly.

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 recognis- ed qualification which he may obtain.

Entry of additional qualifica- tion.

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

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 01 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, il any, as it may think fit to make,—

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

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

(c) that he is an undischarged insolvent; or

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

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

(4) An order under sub-section (2) shall not take effect until the ex- piry 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.

Pro- cedure in inqui- ries relat- ing to mis- conduct.

(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 tin 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

Sur- render of certi- ficates.

5 of 1908.

Bub-section (2) of section 27, sub-section (I) 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 (II) ol 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.

Restora- tion to register.

32. 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.

33. 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 certi- ficate in the form prescribed by rules.

Printing of re- gister.

34. As soon as may be after the 1st day of April in each year, the Re- gistrar 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.

Effect of regis- tration.

35. (1) Any reference in any law for the time being in force to an architect shall be deemed to be a reierence 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 iiis name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall bo punishable with fine which may extend to one thousand rupees.

Penalty for false- ly claim*' ing to be re- gistered.

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:

Pronibx- 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 designat-

ed 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 (I), hb 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 registra- tion, 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.

Failure to sur- render certifi- cate of re- gistra- tion.

Cogniz- ance of offences.

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.

Informa- tion to be furnish- ed by Council and pub. licatlon thereof.

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 em- ployees of the Council for anything which is in good faith done or intend- ed to be done under this Act or any rule or regulation made thereunder.

Protec- tion of action taken in good faith.

42. The members of the Council and officers arid other employees of the Council shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

45 of I860.

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

43. (1) If any difficulty arises in giving effect to the provisions of this Power to remove difficul- ties.

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 diffi- culty:

.Provided that no such order shall be made under this section after the expiry oi two years trom the date oi commencement of this Act.

(2) Every order made under this section shall, as soon as may be alter it is made, be laid before each House oi Parliament and tne provisions oi sub-section (3) ox section 44 shall apply in respect oi such order as it ap- plies in respect oi a rule made under this Act.

44. (I) The Central Government may, by notification in the Official Gazecte, maite rules to carry out the purposes of this Act.

{2) In particular and without prejudice to the generality of the fore- going power, such rules may provide for all or any of the following mat- ters, namely: —

Power of Cen- tral Govern- ment to make rules.

(a) the mariner in which elections under Chapter II shall be con- ducted, the terms and conditions of service of the member of the Tri- bunal 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 con- stituted 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;

(a) the form in which a certificate of registration is to be issued under sub-seclion (7) of section 24, sub-section (4) of section 26 and section 33;

(e) the tee to be paid under sections 24, 25, 26, 21, 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 sec- tion 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 soo" zs may be after it is made, before each House of Parliament, while it is in cession, 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 ol the ses- sion immediately following the session or the successive sessions afore- said, 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 cuch modification or annulment shall be with- out prejudice to the validity of anything previously done under that rule.

45. (/) 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 Council to make regulations.

(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 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 stan- dards of proficiency therein to be obtained in any college or insti- tution for grant of recognised qualifications;

(f) the appointment, powers and duties of inspector;

(gr) 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 frv regulations under this Act and in respect of which/ no rules hav. been made.

THE SCHEDULE

(See section 14)

QUALIFICATIONS

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

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

3. Degree of Bachelor of Architecture (B. Arch.) awarded- by the Tndian Tpstituto 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 bv 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 Poly- technic, 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.

STATEMENT OF OBJECTS AND REASONS

Since Independence and more particularly with the implementation of Five-Year Plans, the building construction activity in our country has expanded almost on a phenomenal scale. A large variety of build- ings, many of extreme complexity and magnitude, like multi-storeyed office buildings, factory buildings, residential houses, is being constructed each year. With this increase in building activity, many unqualified persons calling themselves as architects are undertaking the construc- tion of buildings which are uneconomical and quite frequently are un- safe, thus bringing into disrepute the profession of architects. Various organisations including the Indian Institute of Architects, have repeat- edly emphasised the need for statutory regulation to protect the general public from unqualified persons working as architects. With the passing •f this legislation, it will be unlawful for any person to designate him- self as "architect" unless he has the requisite qualifications and expe- rience and is registered under the Act. The legislation is generally on the same lines as similar Acts in other countries.

2. The main features of the Bill are: —

(a) the creation of a body corporate by the name of "Council of Architecture";

(b) vesting the requisite powers for the registration of architects in the Council;

(c) the enrolment initially of persons holding a degree or diploma in architecture recognised by the Central Government or possessing other qualifications which may be prescribed by the Central Govern- ment or of persons who are proved to the satisfaction of the Council to have been engaged in practice as architects for a period of not less than five years before the commencement of the proposed legis- lation;

(d) subsequent enrolment of persons who hold degrees or dip- lomas in architecture recognised by the Central Government or who possess other qualifications that may be prescribed by the Central Government;

(e) holding of enquiries into misconduct of registered architects and taking suitable action;

(f) prescribing standards of professional conduct and etiquette and code of ethics for architects; and

(g) assessment of the standards of education and training of architects within the country.

3. The legislation protects the title "architects" but does not make the design, supervision and construction of buildings as an exclusive res- ponsibility of architects. Other professionals like engineers will be free

to engage themselves in their normal vocation in respect of building construction work provided that they do not style themselves as archi- tects.

4. The Bill also stipulates that after the expiry uf two years from the date of the Act coming into force, a person who is registered as an architect 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 added from the public or local funds or in any institution recognised by the Central Government.

5. The proposed Bill seeks to achieve the above objects.

NEW DKLHI;

S. NURUL HASAN.

The 2nd February, 1972.

FINANCIAL MEMORANDUM

The Bill provides for the constitution of a Council under clause 3, to be known as the Council of Architecture which will have about 35 mem- bers. The Bill has empowered the Council under clause 10 to constitute from among its members, an Executive Committee of 7 members. There is provision in the Bill undor clause 12 for the appointment of a Registrar who will act as the Secretary of the Council as well as the Treasurer. The Bill also provides under Clause 11 that the President and Vice-Pre- sident and other members of the Council, shall be entitled to such fpes and such allowances as may, with the previous sanction of the Central Government, be fixed by the Council. In consonance with the current practice, the members of the Council will only be drawing their travelling allowance and daily allowance and estimate is, therefore, only made to cover these items of expenditure. The Council has to meet once in every 6 months (vide clause 9) and the Executive Committee as many times, as is necessary. Further, before the setting up of the Council, an expert committee is intended to be set up to go into the qualifications that may be required to be subsequently added to the Schedule to this Bill at the request of an institution. The members of this Committee will also be entitled to travelling and daily allowance and honoraria, where necessary.

2. The Registrar will also be a full time employee of the Council. For the working of the office of the Registrar, staff will be provided. The following is the estimate of the annual expenditure: —

'ai Council Meeting :

Ks. .;s ceo

Exjcurive Commitree Mettirg :

TA/DA for 35 members a* an average of Rs. 500/- per member for 2 meetings a year. 5 meetings a year average R?. 3CCC,'-

(b)

15,000

per meeting.

(c)

T3.OO0

15,000 Telephones, postage and contingencies Rent for premises Salaries of Staff :

re)

fi) Registrar-cum-Secretary fii) Head Clerk 210-425 ;i}

Rs. 17,000 5,000 J.ooo 7,000 5,500

;iii) U.D.C. 130-300 (v, 'ivi "L.D.Cs. 1 JO-180 (2) (v) Stenographer 210-530 fi) .'vi) Class IV 70-85 'i) 75-95 >'i: 3,6oo

f,i Allowarces 10 Staff T.A. and otl-pr allowa; ccs Unforeseen items

;h)

J2.I00 40,000 5,000 5-000

1,69,100

The total annual expenditure would be about Rs. 1,70,000.

For office furniture, typewriter and other fixtures, an initial non- recurring expenditure of Rs. 60,000/- is expected. Further the expenditure on the sittings of the expert committee for revision of the schedules, is expected to cost about Rs. 10,000/- which will have to be found from the normal budget of the Ministry.

3. On the income side, the income is from the registration fee of archi- tects and an annual subscription to be paid by the Architects entering their names in the register. The number of regular architects in the country is about 3000 and there are another about 5000 practising as architects, who will be eligible for registration under the provision of this Act. The total number of architects, who may be expected to re- gister, is estimated as 5000 and on the basis of annual subscription of Rs. 20/- the total income is likely to be Rs. 1,00,000/-. It will thus be seen there will be a deficit of about Rs. 70,000 and this may have to be given as a subsidy by Government,

4. To start with, it would be further necessary to advance an inital loan to get the Council going. The amount in question would be the amount required to pay rent and salaries etc. for a period of 6 months and for the initial nonrecurring expenditure for setting up the office. The total amount required would be Rs. 80,000/- for 6 months and Rs. 60,000/- for the initial non-recurring expenditure i.e. a sum of Rs. 1,40,000/-. The amount would have to be made available as an initial loan which the Council would be able to return after it has started functioning. The amount could be met from the normal budget provi- sion of the Ministry.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 43 of the Bill empowers the Central Government to provide by orders published in the Official Gazette for the removal of difficulties that may arise in giving effect to its provisions.

Clause 44 of the Bill empowers the Central Government to make rules to carry out the purposes of the Bill when enacted. The matters in respect of which such rules may be made, inter alia, relate to the manner in which elections are to be conducted for certain members of the Council of Architecture; the particulars to be included in the register of architects; the form in which certificates of registration are to be issued; the fee to be paid to the Council by the registered architects; conditions on which the Council can hold an enquiry into a case of pro- fessional misconduct. Sub-clause (3) of this clause provides that every rule made by the Central Government shall be laid before Parliament and shall be subject to modification by Parliament.

Clause 45 empowers the Council of Architecture to make regulations not inconsistent with the provisions of the Act or the rules made there- under to carry out the purposes of the Act with the approval of the Central Government. Such regulations may provide, inter alia, for the management of the property of the Council, the summoning and hold- ing of meetings of the Council, the functions of the executive committee of the Council, the powers and duties of the President and Vice-Presdent and the standards of architectural education and training and of profes- sional conduct and etiquette.

The matters in respect of which rules and regulations can be made are generally matters of procedure and administrative detail and it is hardly practicable to provide for them in the Bill itself. The delega- tion of legislative power is, therefore, of a normal character.

B. N. BANERJEE,

Secretary.

PRINTED BY THE GENERAL MANAGER, OOVERNMENT OF INDIA PRESS, MINTO ROAD,

NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 72