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ARCHITECTS ACT, 1972
20 of 1972
31st May, 1972
An Act to provide for the registration of architects and for matters connected therewith. Be it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:-
CHAPTER 01: PRELIMINARY
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
- (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 date1as the Central Government may by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
- In this Act, unless the context otherwise requires,-
(a) "architect" means a person whose name is for the time being entered in the register;
(b) "Council" means the Council of Architecture constituted undersection 3-;
(c) "Indian Institute of Architects" means the Indian Institute of Architects registered underthe Societies Registration Act, 1860;
(d) "recognised qualification" means any qualification in architecture for the time being included in the Schedule or notified undersection 15-;
(e) "register" means the register of architects maintained undersection 23-;
(f) "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 02: COUNCIL OF ARCHITECTURE
SECTION 03: CONSTITUTION OF COUNCIL OF ARCHITECTURE
- (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 Architecture2, 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 recognized qualifications elected by the Indian Institute of Architects from among its members;
(b) two persons nominated by the All India Council for Technical Education established by the Resolution of the Government of India in the late Ministry of Education No. F. 16-10/44 E-lll, 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 Government 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 officio;
(e) one person nominated by the Central Government;
(f) 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.
(4) Notwithstanding anything contained in clause (a) of sub-section (3), the Central Government may, pending the preparation of the register, nominated to the first Council, in consultation with the Indian Institute of Architects, persons referred to in the said clause (a) who are qualified for registration under section 25-, and the persons so nominated shall hold office for such period as the Central Government may, by notification in the Official Gazette, specify.
(5) Notwithstanding anything contained in clause (f) of sub-section (3), the Central Government may, pending the preparation of the register, nominate to the first Council, in consultation with the State Governments concerned, persons referred to in the said clause (f), who are qualified for registration under section 25-, and the persons so nominated shall hold office for such period as the Central Government may, by notification in the Official Gazette, specify.
SECTION 04: PRESIDENT AND VICE PRESIDENT OF COUNCIL
- ( 1 ) The President and the Vice-President of the Council shall be elected by the members of the Council from among themselves: Provided that on the first constitution of the Council and until the President is elected, a member of the Council nominated by the Central Government in this behalf shall discharge the functions of the President.
(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 hind addressed to the Vice-President or the President, as the case may be resign his office;
(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 exercise such powers and discharge such duties as may be prescribed by regulations.
SECTION 05: MODE OF ELECTIONS
- (1) Elections under this Chapter shall be conducted in such manner 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 application 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.
SECTION 06: TERMS OF OFFICE AND CASUAL VACANCIES
(1) Subject to the provisions of this section, an elected or nominated member shall hold office for a term of three years from the date of his election or nomination or until his successor has been duly elected or nominated, which ever 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 Council; or
(ii) if be ceases to be a member of the body referred to in clause (a), clause (g) or clause (h) of subsection
(3)of section 3-by which he was elected or nominated, as the case may be; or
(iii) 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 or nomination, as the case may be, and the person so elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.
(5) Members of the Council shall be eligible for re-election or re-nomination, but exceeding three consecutive terms.
SECTION 07: VALIDITY OF ACT OR PROCEEDING OF COUNCIL, EXECUTIVE COMMITTEE OR OTHER COMMITTEES NOT TO BE INVALIDATED BY REASON OF VACANCY, ETC
- 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.
SECTION 08: DISABILITIES
- A person shall not be eligible for election or nomination as a 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.
SECTION 09: MEETINGS OF COUNCIL
- (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 votes, the President, or in his absence, the Vice-President or, in the absence of both, the member presiding over the meeting, shall have and exercise a second or casting vote.
SECTION 10: EXECUTIVE COMMITTEE AND OTHER COMMITTEES
- (1) The Council shall constitute from among its members an Executive Committee, and may also constitute other committees _for such general or special purposes as the Council deems necessary to carry out its functions under this Act.
(2) The Executive Committee shall consist of the President and the Vice-President of the C6uncil who shall be members ex officio and five other members who shall be elected by the Council from among its members.
(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 discharge such duties as may be prescribed by regulations.
SECTION 11: FEES AND ALLOWANCES TO PRESIDENT, VICE PRESIDENT AND MEMBERS
The President the Vice-President and other members of the Council shall be entitled to such fees and allowances as the Council may, with the previous sanction of the Central Government, fix in this behalf.
SECTION 12: OFFICERS AND OTHER EMPLOYEES
- (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;
(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, (a) of Sub-section (1) for the first three years from the first, constitution of the Council, the Registrar of the Council shall but a person appointed by the Central Government who shall hold office during the pleasure of the Central Government.
(3) All the persons appointed under this section shall be the employees of the Council.
SECTION 13: FINANCES OF COUNCIL
(1) 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 oirt 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
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