The Handbook of THE ARCHITECTS ACT, 1972
Subject: General Law
Updated:
THE ARCHITECTS ACT, 1972*
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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 - I PRELIMINARY 1. (1) This Act may be called The Architects Act, 1972. Short title (2) It extends to the whole of India. In this Act, unless the context otherwise requires – (a) "Architect" means a person whose name is for the time being entered in the register; Definitions (b) "Council" means the Council of Architecture constituted under section 3; (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 architecture for the time being included in the Schedule or notified under section 15; (e) "Register" means the register of architects maintained under section 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 - II COUNCIL OF ARCHITECTURE 3. (1) The Central Government shall, by notification in the Official Gazette, constitute, with effect from such date as Constitution may be specified in the notification, a Council to be known as the Council of Architecture, which shall be a Of Council of body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of Architecture 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 Technical Education established by the Resolution of the Government of India in the late Ministry of Education No. Ill, dated the 30th November, 1945; (c) five persons elected from among themselves by heads of architectural institutions in India imparting full time instrcution 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 allocated 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. _______________________________________________________________________________________________ * Published in the Gazette of India on 31.5.1972. ** Came into force from 1.9.1972, vide notification dated 1.9.1972.
Explanation - For the purposes of this sub-section, –
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Explanation - For the purposes of this sub-section, – 7 of 1913 (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. 21 of 1860 (b) "Institution of Surveyors of India" means the Institution of Surveyors 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 register, nominate to the first Council, in consultation with the Indian Institute of Architects, persons referred to in the said clause (a) who are qualified for registration under section 25, and the persons so nominated shall hold office for such period as the Central Government may, by notification in the Official Gazette, specify. (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. President 4. (1) The President and the Vice-President of the Council shall be elected by the members of the and Vice- Council from among themselves: President of Provided that on the first constitution of the Council and until the President is elected, a member of the the Council 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 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, 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. Mode of 5. (1) Elections under this Chapter shall be conducted in such manner as may be prescribed by rules. Elections. (2) Where any dispute arises regarding any such election, the matter shall be referred by the Council to aTribunal 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. Terms of 6. (1) Subject to the provisions of this section, an elected or nominated member shall hold office for a term of three office and years from the date of his election or nomination or until his successor has been duly elected or nominated casual whichever is later. vacancies. (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 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 (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, as 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 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 Validity of act or
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No act or proceeding of the Council or the Executive Committee or any other committee shall be invalid merely by Validity of act or reason of – proceeding of Council, (a) any vacancy in, or defect in the constitution of, the Council, the Executive Committee or any other Executive committee, or Committee or Not to be (b) any defect in the election or nomination of a person acting as a member thereof, or Invalidated by Reasons of (c) any irregularity in procedure not affecting the merits of the case. A person shall not be eligible for election or nomination as a member of the Council, if he – Disabilities (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. 10. (1) The Council shall constitute from among its member an Executive Committee, and may also constitute other Executive committees for such general or special purposes as the Council deems necessary to carry out its functions Committee and under this Act. Other Committees. (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 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. The President, the Vice-President and other members of the Council shall be entitled to such fees and allowances Allowances to as the Council may, with the previous sanction of the Central Government, fix in this behalf. President, Vice- President and Members 12. (1) The Council Shall – Officers and (a) appoint a Registrar who shall act its Secretary and who may also act, if so decided by the Council, as its Other Treasurer; Employees. (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 services 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 be a person appointed by the Central Government, who shall hold office during the pleasure of the Central Government. (3) All persons appointed under this section shall be the employees of the Council.
(2) The Council may invest any money for the time being standing to the credit of the Fund in any Government
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(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 the end of each year, but not later than the thirtieth day of September of the year next following, the Council shall cause to be published in the Official Gazette a copy of the audited accounts and the report of the Council for that year and copies of the said accounts and report shall be forwarded to the Central Government. (6) The Fund shall consist of – (a) all moneys received from the Central Government by way of grant, gift and deposit; (b) any sums received under this Act whether by way of fee or otherwise. (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 Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. Central Government to have such qualification recognised, and the Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the Schedule against such architectural qualification declaring that it shall be a recognised qualification only when granted after a specified date: Provided that until the first Council is constituted, the Central Government shall, before, issuing any notification as aforesaid, consult an expert committee consisting of three members to be appointed by the Central Government by notification in the Official Gazette. Recognition of 15. (1) The Central Government may, after consultation with the Council, direct, by notification in the Official Gazette, architectural that an architectural qualification granted by any university or other institution in any country outside India in qualifications respect of which a scheme of reciprocity for the recognition of architectural qualification is not in force, shall granted by be a recognised qualification for the purposes of this Act or, shall be so only when granted after a specified authorities in date or before a specified date: foreign countries. Provided that until the first Council is constituted the Central Government shall, before issuing any notification as aforesaid, consult the expert committee set up under the proviso to sub-section (2) of section 14. (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 Government may, by notification in the Official Gazette, direct that such architectural qualification as the Council has decided should be recognised, shall be deemed to be a recognised qualification for the purposes of this Act, and any such notification may also direct that such architectural qualification, shall be so recognised only when granted after a specified date or before a specified date. Notwithstanding anything contained in sub-section (2) of section 14, the Central Government, after consultation Central Govern- with the Council, may, by notification in the Official Gazette, amend the Schedule by directing that an entry be ment to amend made therein in respect of any architectural qualification. Every authority in India which grants a recognised qualifications shall furnish such information as the Council may, require infor- from time to time, require as to the courses of study and examinations to be undergone in order to obtain such mation as to qualification, as to the ages at which such courses of study and examinations are required to be undergone and courses of such qualification is conferred and generally as to the requisites for obtaining such qualification. study and examinations.
(2) The inspectors shall not interfere with the conduct of any training or examination, but shall report to the
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Section 20 — (1) When upon report by the Executive Committee it appears to the Council
Section 22 — (1) The Council may by regulations prescribe standards of professional conduct and etiquette and a code of ethics for architects
(2) The inspectors shall not interfere with the conduct of any training or examination, but shall report to the Executive Committee on the adequacy of the standards of architectural education including staff, equipment, accommodation, training and such other facilities as may be prescribed by regulations for giving such education or on the sufficiency of every examination which they attend. (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. (1) When upon report by the Executive Committee it appears to the Council – Withdrawal of (a) that the courses of study and examination to be undergone in, or the proficiency required from the recognition. 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 Council shall make a representation to that effect to the appropriate Government. (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 explanation to the appropriate Government. (3) On receipt of the explanation or where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government, in respect of the college or institution referred to in clause (b) of sub- section (5), shall make its recommendations to the Central Government. (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 qualifications 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. The Council may prescribe the minimum standards architectural education required for granting standards of recognised qualifications by colleges or institutions in India. architectural education. 22. (1) The Council may by regulations prescribe standards of professional conduct and etiquette and a code of ethics for architects. Professional Conduct. (2) Regulations made by the Council under sub-section (1) may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such provision shall have effect notwithstanding anything contained in any law for the time being in force. CHAPTER III REGISTRATION OF ARCHITECTS Preparation and 23. (1) The Central Government shall, as soon as may be, cause to be prepared in the manner, hereinafter provided maintenance of a register of architects for India. register. (2) The Council shall upon its constitution assume the duty of maintaining 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;
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(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. 24. (1) For the purposes of preparing the register of architects for the first time, the Central Government shall, by First preparation notification in the Official Gazette, constitute a Registration Tribunal consisting of three persons who have, in of register. the opinion of the Central Government, the knowledge of, or experience in, architecture; and the Registrar appointed under section 12 shall act as Secretary of the Tribunal. (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 person aggrieved by a decision of the Registration Tribunal expressed or implied in the register so published may, within thirty days from the date of such publication, appeal against such decision to an authority appointed by the Central Government in this behalf by notification in the Official Gazette. (5) The authority appointed under sub-section (4) shall, after giving the person affected an opportunity of being heard and after calling for relevant records, make such order as it may deem fit. (6) The Registrar shall amend, where necessary, the register in accordance with the decisions of the authority appointed under sub-section (4). (7) Every person whose name is entered in the register shall be issued a certificate of registration in such form as may be prescribed by rules. (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 register shall be paid to the credit of the Council. A person shall be entitled on payment of such fee as may be prescribed by rules to have his name entered in the Qualification register, if he resides or carries on the profession of architect in India and – for entry in register. (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; 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 (1) of section 15 unless by the law and practice of a country outside India to which such person belongs, citizens of India holding architectural qualification registrable in that country are permitted to enter and practise the profession of architect in such country, or (b) unless the Central Government has, in pursuance of a scheme of reciprocity or otherwise, declared that qualification to be a recognised qualification under sub- section (2) of section 15. Procedure for 26. (1) After the date appointed for the receipt of applications for registration in the first register of architects, all subsequent applications for registration shall be addressed to the Registrar of the Council and shall be accompanied by registration. such fee as may be prescribed by rules. (2) If upon such application the Registrar is of opinion that the applicant is entitled to have his name entered in the register, he shall enter there on 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 the Council. (4) Upon entry in the register of a name under this section, the Registrar shall issue a certificate of registration in such form as may be prescribed by rules. _____________________________________________________________________________________________ * Date appointed by Central Government is 27.4.1974, vide notification dated 14.3.1974.
27. (1) The Central Government may, by notification in the Official Gazette, direct that for the retention of a name in
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Section 29 — (1) The Council may, by order, remove from the register the name of any architect
27. (1) The Central Government may, by notification in the Official Gazette, direct that for the retention of a name in Reewal the register after the 31st day of December of the year following the year in which the name is first entered in fees. 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 Registrar shall remove the name of the defaulter from the register: Provided that a name so removed may be restored to the register on such conditions as may be prescribed by rules. (3) On payment of the renewal fee, the Registrar shall, in such manner as may be prescribed by rules, endorse the certificate of registration accordingly. An architect shall, on payment of such fee as may be prescribed by rules, be entitled to have entered in Entry of the register any further recognised qualification which he may obtain. additional qualification. 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 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 forbe specified. (4) An order under sub-section (2) shall not take effect until the expiry of three months from the date thereof. Procedure in 30. (1) When on receipt of a complaint made to it, the Council is of opinion that any architect has been guilty of Inquiries professional misconduct which, if proved, will render him unfit to practise as an architect, the Council may relating to hold an inquiry in such manner as may be prescribed by rules. misconduct. (2) After holding the inquiry under sub-section (1) and after hearing the architect, the Council may, by order, reprimand the said architect or suspend him from practice as an architect or remove his name from the register or pass such other order as it thinks fit. A person whose name has been removed from the register under sub-section (2) of section 27, sub-section (1) or Surrender of sub-section (2) of section 29, or sub-section (2) of section 30, or where such person is dead, his legal certificates. representative, as defined in clause (11) of section 2 of the Code of Civil Procedure, 1908, shall forthwith surrender 5 of 1908 his certificate of registration to the Registrar, and the name so removed shall be published in the Official Gazette. The Council may, at any time, for reasons appearing to it to be sufficient and subject to the approval of the Central Restoration to Government, order that upon payment of such fee as may be prescribed by rules, the name of the person removed Register. from the register shall be restored thereto.
CHAPTER IV
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Effect of 35. (1) Any reference in any law for the time being in force to an architect shall be deemed to be a reference to an registration. 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. If any person whose name is not for the time being entered in the register falsely represents that it Penalty for is so entered, or uses in connection with his name or title any words or letters reasonably calculated to falsely suggest that his name is so entered, he shall be punishable with fine which may extend to one claiming to be thousand rupees. registered. 37. (1) After the expiry of one year from the date appointed* under sub-section (2) of section 24, no person other Prohibition than a registered architect, or a firm of architects shall use the title and style of architect: 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 designated as a "landscape architect" or "naval architect"; (b) a person who, carrying on the profession of an architect in any country outside India, undertakes the function as a consultant or designer in India for a specific project with the prior permission of the Central Government. Explanation – For the purpose of clause (a), – (i) "landscape architect" means, a person who deals with the design of open spaces relating to plants, trees and landscape; (ii) "naval architect" means, an architect who deals with design and construction of ships. (2) If any person contravenes the provisions of sub-section (1), he shall be punishable on first conviction with fine which may extend to five hundred rupees and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both. If any person whose name has been removed from the register fails without sufficient cause forthwith to surrender surrender his certificate of registration, he shall be punishable with fine which may extend to one hundred rupees, and, in the certificate of case of a continuing failure, with an additional fine which may extend to ten rupees for each day after the first registration. during which he has persisted in the failure.
43. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order
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Section 44 — (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of Power of this Act
43. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order Power to published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear remove to it to be necessary or expedient for removing the difficulty: difficulties. Provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament and the provisions of sub-section (3) of section 44 shall apply in respect of such order as it applies in respect of a rule made under this Act. 44. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of Power of this Act. Central Government (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or To make any of the following matters, namely:- rules. (a) the manner in which elections under Chapter II shall be conducted, the terms and conditions of service of the member of the Tribunal appointed under sub-section (2) of section 5 and the procedure to be followed by the Tribunal; (b) the procedure to be followed by the expert committee constituted under the proviso to sub-section (2) of section 14 in the transaction of its business and the powers and duties of the expert committee and the travelling and daily allowances payable to the members thereof; (c) the particulars to be included in the register of architects under sub-section (3) of section 23; (d) the form in which a certificate of registration is to be issued under sub-section (7) of section 24, sub- section (4) of section 26 and section 33; (e) the fee to be paid under sections 24, 25, 26, 27, 28, 32 and 33; (f) the conditions on which name may be restored to the register under the proviso to sub-section (2) of section 27; (g) the manner of endorsement under sub-section (3) of section 27; (h) the manner in which the Council shall hold an enquiry under section 30; (i) the fee for supplying printed copies of the register under section 34; (j) any other matter which is to be or may be provided by rules under this Act. (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification to the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 45. (1) The Council may, with the approval of the Central Government, *(by notification in the official Gazette) make Power of regulations not inconsistent with the provisions of this Act, or the rules made thereunder to carry out the Council to purposes of this Act. make regulations. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for - (a) the management of the property of the Council; (b) the powers and duties of the President and the Vice-President of the Council; (c) the summoning and holding of meetings of the Council and the Executive Committee or any other committee constituted under section 10, the times and places at which such meetings shall be held, the conduct of business thereat and the number of persons necessary to constitute a quorum; (d) the functions of the Executive Committee or of any other committee constituted under section 10; (e) the courses and periods of study and of practical training, if any, to be undertaken, the subjects of examinations and standards of proficiency therein to be obtained in any college or institution for grant of recognised qualifications; _____________________________________________________________________________________________ th * Inserted by Notification in the Gazette of India on 19 May, 1982.
(f) the appointment, powers and duties of inspector;
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(f) the appointment, powers and duties of inspector; (g) the standards of staff, equipment, accommodation, training and other facilities for architectural education; (h) the conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations; (i) the standards of professional conduct and etiquette and code of ethics to be observed by architects; (j) any other matter which is to be or may be provided by regulations under this Act and in respect of which no rules have been made. *(3) Every regulation made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulations shall thereafter have effect only in such modified from or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. _____________________________________________________________________________________________ th * Inserted by Notification in the Gazette of India on 19 May, 1982.
THE SCHEDULE
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THE SCHEDULE (See Section 14) QUALIFICATIONS 1. Bachelor Degree of Architecture awarded by Indian Universities established by an Act of the Central or State Legislature. National Diploma (Formally All India Diploma) in Architecture awarded by the All India Council for Technical Education. Degree of Bachelor of Architecture (B. Arch.) awarded by the Indian Institute of Technology, Kharagpur. Five-Year full-time Diploma in Architecture of the Sir J.J.
8. (a) Bachelors Degree in Architecture awarded by the American Universities/Institutions,
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8. (a) Bachelors Degree in Architecture awarded by the American Universities/Institutions, the curricula of which are accredited to the National Architectural Acerediting Board (USA) 1. University of Arizona, Tucson, Arizona. Arizona State University, Tempe, Arizona. University of Arkansas, Fayetteville, Arkansas-72701. Auburn University, Auburn, Alabama. California Polytechnic State University, San Luis, Obsro California.
52. Stephen F. Austin State University, Nagogdoches, Texas.
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Austin State University, Nagogdoches, Texas. Virginia Polytechnic Institute and State University, Blacksburg, Virginia. Ball State University, Muncie, Indiana. North Dakota State University, Fargo, North Dakota. Washington State University, Pullman, Washington. Iowa State University of Science and Technology, Ames, lowa 11.
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Certificate of Fellowship awarded by the Frank Lloyd Wright Foundation, USA. Diploma/Master of Science in Architecture awarded by Tajik Technical University, Dushanbe, an accredited University in 1 Tajikistan, U.S.S.R. Doctorate Degree in Architecture awarded by the Zagreb University, Yugoslavia. Diploma / Master of Science in Architecture awarded by Tashkent Institute of Architecture & Civil Engineering, Uzbekistan. _________________________________________ __________________________________________________________________ 1. Inserted as per approval for notification in the Gazette of India accorded by the Government of India vide letter no F.No. Notified, vide GSR No.318 dated 01-06-2001, in the Gazette of India Part II - Section 3 - sub-Section (i) on 16-06-2001.
COUNCIL OF ARCHITECTURE
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COUNCIL OF ARCHITECTURE RULES 1973* G.S.R. 67 (E) – In exercise of the powers conferred by Section 44 of The Architects Act, 1972 (No.20 of 1972), (Amended Vide GSR 751 Notification dt. Short title and commencement – (1) These rules may be called the Council of Architecture Rules 1973. (2) These rules shall come into force on the date of their publication in the official Gazette. Definitions – In these rule, unless the context otherwise requires – (a) "Act" means the Architects Act, 1972; (b) "Form" means a form annexed to these rules; (c) "President" means the President of the Council of Architecture; (d) "Returning Officer" means any officer appointed as such by the Central Government for the purpose of these rules; (e) "Section" means a section of the Act. Election to the Council under clause (a) of sub-section (3) of section 3. Election to the Council under clause (c) of sub-section (3) of section 3.
9. Nomination of Candidates – Any person qualified to stand for the election under this chapter may be nominated as a candidates for election
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Nomination of Candidates – Any person qualified to stand for the election under this chapter may be nominated as a candidates for election and such nomination shall be made by means of a nomination paper in Form No. Nomination Paper – (1) Each nomination paper shall be subscribed by two electors as proposer and seconder: Provided that no elector shall subscribe more nominations than there are seats to be filled up: Provided further that if more than prescribed number of nomination papers be subscribed by the same elector, the prescribed number of nomination papers first received by the Returning Officer shall, if otherwise in order, be held to be valid and if more than the prescribed number of nomination papers subscribed by the same elector be received simultaneously by the Returning Officer, all such nomination papers shall be held invalid. (2) On receipt of each nomination paper, the Returning Officer shall forthwith endorse thereupon the date and hour of receipt. Rejection of nomination paper – A nomination paper which is not received before the date and the time appointed in that behalf shall be rejected. Scrutiny of nomination paper – (1) On the date and at the time appointed by the Returning Officer for the scrutiny of the nomination papers, the candidates and the proposer and the seconder of each candidate may attend the office of the Returning Officer, who shall allow them to examine the nomination papers of the candidates which have been received by him as aforesaid. Withdrawal of candidate – (1) Any candidate may withdraw his candidature by notice in writing signed by him and delivered to the Returning Officer not later than seventeen clear days before the date appointed for the poll. (2) A candidate who has withdrawn his candidates shall not be allowed to cancel the withdrawal or to be re-nominated as a candidate for the same election. (3) The Returning Officer shall, on receiving a notice of withdrawal, publish the fact of such withdrawal in the Official Gazette. Procedure of election – (1) Where the number of candidates validity nominated is equal to or less than the number of members to be elected, the Returning Officer shall forthwith declare such candidates to be duly elected. (2) Where the number of such candidates is less than the number of members to be elected, the Returning Officer shall commerce fresh proceedings for the election of the remaining members to be elected under clause (c) of sub-section (3) of section 3. (3) Where the number of such candidates exceeds the number of members to be elected, the Returning Officer shall forthwith publish their names and addresses in the Official Gazette and shall further cause their names to be entered in the voting paper in Form No.
16. Endorsement by Returning Officer on registered cover – On receipt by registered post of the envelopes containing the declaration
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Endorsement by Returning Officer on registered cover – On receipt by registered post of the envelopes containing the declaration paper and the closed cover containing voting paper, the Returning Officer shall endorse on the outer envelops the date and hour of receipt. Candidates may be present when registered covers are opened – (1) The Returning Officer shall open the outer envelopes immediately after the closing of the poll at the place to which the envelopes are addressed to him. (2) Any candidate may be present in person or may send a representative duly authorised by him in writing to attend at the time the outer envelopes are opened. Rejection of voting papers – (1) A voting paper cover shall be rejected by the Returning Officer if: – (a) the outer envelope contains no declaration paper outside the voting paper cover; or (b) the declaration paper is not the one sent by the Returning Officer; or (c) the declaration paper is not signed by the elector, or (d) the voting paper is placed outside the voting paper cover; or (e) more than one declaration paper or voting paper cover have been enclosed in one and the same outer envelope. (2) In each case of rejection, the word "Rejected" shall be endorsed on the voting paper cover and the declaration paper. (3) After satisfying himself that the electors have affixed their signatures to the declaration papers, the Returning Officer shall keep all the declaration papers in safe custody, pending disposal under rule 20(1). Scrutiny and counting of votes – (1) The Returning Officer shall attend, for the purpose of scrutiny and counting of the votes at the date, time and place appointed by him in this behalf: Provided that the date so appointed shall not be later than three days from the date fixed for the poll. (2) All the voting paper covers, other than whose rejected under rule 18, shall be opened and the voting papers taken out and mixed together. The voting papers shall then be scrutinised and the valid votes counted. (3) A voting paper shall be invalid if – (a) it does not bear the Returning Officer's initials, or facsimile signature; or (b) a voter signs his name or writes a word or makes any mark on it, by which it becomes recognizable as his voting paper; or (c) no vote is recorded thereon; or (d) the number of votes recorded there on exceeds the number of seats to be filled; or (e) it is void for uncertainty of the vote exercised. (4) Any candidate may be present in person or may send a representative duly authorised by him in writing to watch the process of counting. (5) The Returning Officer shall show the voting papers, if requested to do so, to the candidates or their authorised representatives at the time of scrutiny and counting of votes. (6) If any objection is made to any voting paper on the ground that it does not comply with the requirement or to any rejection by the 1 Returning Officer of a voting paper, it shall be decided at once by the Returning Officer. (7) The Returning Officer shall nominate such number of scrutinizers as he thinks fit in accordance with such directions as may be issued in this behalf by the Central Government. Declaration of result – (1) When the counting of the votes has been completed, the Returning Officer shall draw up a list of candidates in the order of highest votes polled by each and shall declare the result of the successful candidates in that order according to the number of seats to be filled up. (2) When an equality of votes is found to exist among any candidates and there is difficulty in declaring the result, the determination of the person or persons who shall be deemed to have been elected shall be made by lot to be drawn by the Returning Officer or any other officer authorised by him and in such manner as he may determine. (3) The Returning Officer as soon as the result is declared shall inform the successful candidate by letter of his being elected to the Council.
CHAPTER IV
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CHAPTER IV ELECTION OF PRESIDENT AND VICE-PRESIDENT OF THE COUNCIL UNDER SUB-SECTION (1) OF SECTION 4 23. Election of President – (1) The President of the Council shall be elected by the members of the Council present at the time of election from amongst themselves. (2) The date, time and place of election shall be intimated, to each of the members of the Council by the nominated President of 1 the Council. (3) Any member present shall be entitled to propose the name of any other member present for election as the President and that proposal shall be required to be seconded by a member other than the proposer or the one whose name is proposed : Provided that one member shall be entitled to propose or second only one name. (4) Any candidate may withdraw his candidature before the actual election. (5) If the name of only one candidate is duly proposed and seconded, the Returning Officer shall forthwith declare in Form No.VIII such candidate as duly elected. (6) If the number of candidates duly proposed and seconded exceeds one, an election shall be held by secret ballot. (7) Before the commencement of the election, the Returning Officer shall invite the members of the Council to inspect the ballot box, in case they like to do so, and he shall then lock the box. (8) At the time of actual election, the members present in the meeting shall, one by one, sign against their names in the list containing the names of all the members in alphabetical order and placed along side the ballot box. (9) After a member has signed his name in the said list, he shall be given a ballot paper in Form No. VII which he shall drop into the ballot box after affixing there on a cross (X) mark against the name of the candidate of his choice. (10) As soon as the members present and wishing to exercise the right to vote have done so, the Returning Officer shall open the ballot box and take out from it all the ballot papers, examine them and reject as invalid such of them: (a) on which the vote has been given in favour of more than one candidate; or (b) on which vote mark is placed in such a manner as to make it doubtful as to which candidate the vote has been given. (11) The Returning Officer shall then proceed to arrange the valid votes according to the candidates in whose favour they have cast and count them separately for each. (12) After the counting is over, the Returning Officer shall make an announcement in the meeting about the votes secured by each of the candidates and the Returning Officer shall also declare in Form No. VIII the candidate securing the largest number of valid votes as duly elected to be the President of the Council. (13) In the event of two or more candidates securing the same number of votes and that number being more than the number of votes secured by any candidate other than the two or more securing the same number of votes, the determination as between such candidates shall be by draw of lots and the candidate on whom the lot falls, shall be declared elected. Election of Vice-President – For the election of the Vice-President, the provisions of rule 23 shall apply as if for the expressions "President" and "Nominated President" occurring therein, the expressions "Vice-President and "Elected President" were respectively substituted. CHAPTER V ELECTION OF MEMBERS OF THE EXECUTIVE COMMITTEE OF THE COUNCIL UNDER SUB-SECTION (2) OF SECTION 10 25.
CHAPTER VI
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(7) Before the commencement of the election, the Returning Officer shall invite the members of the Council present to inspect the ballot box, in case they like to do so, and he shall then lock the ballot box. (8) At the time of actual election the members present in the meeting shall, one by one, sign against their names in the list containing names of all the members in alphabetical order and placed along side the ballot box. After the member has signed his name in the said list, he shall be given a ballot paper in Form No. IX which he shall drop into the ballot box after affixing thereon cross (X) marks against the names of as many candidates of his choice as there are seats to be filled up. (9) As soon as all the members present and wishing to exercise the right to vote have done so, the Returning Officer shall open the ballot box and take out from it all the ballot papers, examine them and reject as invalid such of them. – (a) on which the vote has been given in favour of more candidates than there are seats to be filled up; or (b) on which vote mark is placed in such a manner as to make it doubtful as to which candidate or candidates the vote has been given. (10) The Returning Officer shall proceed to arrange the valid votes according to the candidates in whose favour they have been given and count them separately for each. (11) After the counting is over, the Returning Officer shall make an announcement in the meeting about the votes secured by each of the candidates and the Returning Officer shall also declare in Form No. X the requisite number of the candidates securing the largest number of valid votes as duly elected to be the members of the Executive Committee of the Council. (12) In the event of two or more candidates securing the same number of votes, the determination as between such candidates shall be by draw of lots and the candidate on whom the lot falls shall be declared elected. Tribunal – When any dispute arises as a result of the election to the Council, the aggrieved party shall, within thirty days from the date of declaration of the result of the election, make an application giving full particulars of the facts supported by documentary evidence, if any, to the Secretary of the Council, who shall refer the matter to the Tribunal appointed by the Central Government under sub-section (2) of section 5. List of registered architects and cost of list – The Council shall cause to be published in the Official Gazette list of registered architects along with their registration number as on the first day of April each year and the printed copy of the said list shall be made available on payment of a fee of Rs.2.
(3) Each complaint shall contain the following particulars, namely:-
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(3) Each complaint shall contain the following particulars, namely:- (a) the acts and omissions which, if approved, would render the architect complained against guilty of any professional or other misconduct; (b) the oral or documentary evidence relied upon in support of the allegations made in the complaint. (4) The Secretary shall return the complaint which is not in the proper form or which does not contain the aforesaid particulars for representation after the compliance with such objection and within such time as the Secretary may satisfy. (5) Within sixty days ordinarily of the receipt of complaint, the Secretary shall – (a) if the complaint is against an individual architect, send a copy thereof to such architect at his address as entered in the Administrative Register; (b) if the complaint is against a firm, send a copy of the complaint to the firm concerned at the address of the head office of the firm with a notice calling upon the firm to disclose the name of the architect concerned and to send a copy of the complaint to such architect. (6) An architect against whom a complaint is made, may, within fourteen days of the receipt of a copy of the complaint, under sub- rule (5) or within such further time as the Secretary may allot, forward to him a written statement in his defence verified in the same manner as a pleading in Civil Court. (7) If on perusal of a complaint, and the written statement if any, of the architect concerned and other relevant documents and papers, the Council is of the opinion that there is a prima facie case against such architect, the Council shall cause an enquiry to be made in the matter by the Disciplinary Committee. If the Council is of the opinion that there is no prima facie case against such architect, the complaint shall be dismissed and the complainant and the architect concerned shall be informed accordingly: Provided that the Council may before dismissing the complaint, call for any additional particulars or documents connected with the case, either from the complainant or from the respondent, or from both, if in its opinion it is necessary to do so. (8) Every notice issued by the Secretary or the Disciplinary Committee under this rule shall be sent to the architect or the firm concerned by registered post with acknowledgement due and if the notice is returned with an endorsement indicating that the addresses cannot be found at the address given, the Secretary shall ask the complainant to supply to him the correct address of the architect or firm concerned and send a fresh notice to the architect or firm at the address so supplied. Procedure in any inquiry before the Disciplinary Committee – (1) It shall be the duty of the Secretary to place before the Disciplinary Committee all facts brought to his knowledge which are relevant for the purpose of an inquiry by the Disciplinary Committee. (2) An architect against whom a complaint is made shall have a right to defend himself before the Disciplinary Committee either in person or through a legal practitioner or any other architect of the Institute. 1 (3) Deleted. (4) Where during the progress of an inquiry the Disciplinary Committee undergoes a change of personnel for any reason whatsoever, the respondent shall have option to have his case heard de novo and the enquiry conducted accordingly. Report of the Disciplinary Committee – (1) The Disciplinary Committee shall submit its report to the Council. (2) The Council shall consider the report of the Disciplinary Committee and if in its opinion a further inquiry is necessary, may cause such further inquiry to be made and a further report to be submitted by the Disciplinary Committee as it may consider necessary, and after considering such further report of the Disciplinary Committee, the Council shall proceed accordingly. Restoration of membership – The fee for restoration of membership under section 32 shall be Rs.
FORM NO. |
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FORM NO. | NOMINATION PAPER {See Rule 10(1)} Election under clause (c) of sub-section (3) of section 3 of the Arhitects Act, 1972. Name of Architectural Institution headed by the candidate SE 5. Name of signature of proposer SU 7. Name of the Architectural Institution headed by the proposer BU 8. Name of the Architectural Institution headed by the seconder (Declaration) I hereby declare that | agree to his nomination. This nomination paper was received by me at hour on the Signature of the candidate (date) Returning Officer INSTRUCTIONS 1.
FORM NO. III
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III {See Rule 14(4)} DECLARATION PAPER Election to the Council of Architecture under clause (c) of sub-section (3) of section 3 Serial No. ....................................................................................................................................................................................................................... Elector’s Name............................................................................................................................................................................................................... Signature ........................................... _________________________________________________________________________________________ FORM NO. Should you desire to vote at the election, I request that you will – 1. (a) fill up and sign the declaration paper (Form No. III); (b) mark your vote in the column provided for this purpose in the voting paper; (c) enclose the voting paper in the smaller cover and seal it up; and (d) enclose the smaller cover and the declaration paper in the outer envelope and return the same to me by registered post so as to reach me not later than__________ P.M. on the ____________ of 20__________. A voting paper will be invalied, if – (i) it does not bear the Returning Officer’s initials or fascimile signature; or (ii) a voter signs his name, or writes any word or makes any mark by which it becomes recognizable as his voting paper; or (iii) no vote is recorded thereon; or (iv) the number of votes recorded thereon exceeds the number to be filled; or (v) it is void for uncertainty of the vote exercised.
FORM NO. V
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V {See Rule 20(1)} RESULT OF COUNTING SI. Name of candidates No. of valid votes cast Signature of Scrutinizers 1. 2 3 Signature of Returning Officer FORM NO. VI {See Rule 20(3)} CERTIFICATE OF ELECTION 1 declare that. (Name) Of (Address) Registration No. has been duly elected so fil the Place: Returning Officer Date: FORM NO. VII {See Rules 23 and 24} ELECTION OF PRESIDENT / VICE-PRESIDENT S.No. Name of the Candidate Instructions 1.
FORM NO. IX
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IX (See Rule 25) ELECTION OF MEMBER OF THE EXECUTIVE COMMITTEE OF THE COUNCIL S.No. Name of the Candidate Instructions 1. Each elector has as many votes as there are number of seats to be filled up. The elector should place the mark (X) clearly opposite the names of as many candidates of his choice as there are seats to be filed up. X (See Rule 25) ELECTION OF MEMBER OF THE EXECUTIVE COMMITTEE OF THE COUNCIL | declare that. a member of the has been duly elected as member of the Executive Committee of the said Council. [LC — Date ए..........ाय Returning Officer FORM NO. XI (See Rule 29) APPLICATION FOR REGISTRATION OF ARCHITECTS To, The Secretary Council of Architecture New Delhi 1.
FORM NO.XII
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COUNCIL OF ARCHITECTURE Certificate of Registration under sub-section (7) of section 24 and sub-section (4) of section 26 of the Architects Act, 1972. CERTIFICATE OF REGISTRATION This is to certify that the name of Shri/Shrimati ee 85 0880 entered in the register and his/her Registration No. is SS This certificate is valid from the cs day OF 20... Secretary (Seal) President FORM NO. XII (See Rule 34) COUNCIL OF ARCHITECTURE Certificate of Registration under sub-section (7) of section 24 and sub-section (4) of section 26 of the Architects Act, 1972. Secretary (Seal) President FORM NO. XIV {See Rule 35 (2)) FORM OF COMPLAINT The Council of Architecture.
COUNCIL OF ARCHITECTURE
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Section 2 — Definitions In these regulations, unless the context otherwise requires
COUNCIL OF ARCHITECTURE REGULATIONS, 1982* In exercise of the powers conferred by sub-section (1) read with clauses (a), (b), (c), (d), (e), (f) and (i) of sub-section (2) of section 45 of the Architects Act, 1972 (20 of 1972), the Council of Architecture, with the approval of the Central Government, hereby makes the following regulations, namely : – PART - I PRELIMINARY 1. Short title and Commencement (1) These regulations may be called the Council of Architecture Regulations, 1982. (2) They shall come into force on the date of their publication in the Official Gazette. Definitions In these regulations, unless the context otherwise requires. – (a) "Act" means the Architects Act, 1972 (20 of 1972); (b) "Executive Committee" means the Executive Committee constituted under Section 10; (c) "Group D staff" means Daftries, Jamadars, Peons, Chowkidars and Sweepers appointed under clause (b) of sub-section (1) of section 12; (d) "Inspector" or "Inspectors" means the inspector or inspectors appointed by the Executive Committee under section 19; (e) "Member" unless the context otherwise requires means the Member of the Council; (f) "Ministerial staff" means the Superintendent, Assistants, Accountants, Clerks, Stenographers and Typists appointed under clause (b) of sub-section (1) of Section 12; (g) "President" means the President of the Council; (h) "Secretary" means the Registrar appointed under clause (a) of sub-section (1) of Section 12; (i) "Section" means the Section of the Act; (j) "Standing orders" means the standing orders of the Council issued in conformity with the provisions of the Act and Rules & Regulations made thereunder; (k) "Vice-President" means the Vice-President of the Council. PART - II COUNCIL OF ARCHITECTURE 3. Time and place, and preparation of business agenda for meetings of the Council: – The Council shall meet at least once in every six months on such date and place as may be fixed by the Council: Provided that the President. (1) may call a special meeting at any time on 15 day’s notice to deal with any urgent matter requiring the attention of the Council; (2) shall call special meetings on 15 days' notice if he receives a requisition in writing signed by not less than 10 members and stating the purpose for which they desire the meeting to be called, such purpose being other than that mentioned in the first proviso to clause (b) of sub-regulation (9) of regulation 8 and being a purpose within the scope of the Council's functions for which they desire the meeting to be called. Quorum for meetings of Council (1) At ordinary meetings of the Council and at special meetings under clause (i) of the proviso to regulation 3, fifteen 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. (2) At a special meeting by requisition under clause (ii) of the proviso to regulation 3, the quorum shall be two third of the total strength of the Council.
6. Business at special meetings of Council
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Business at special meetings of Council At a meeting referred to in clause (i) of the proviso to sub-regulation (1) of regulation 3, only the subject for consideration of which the meeting has been called shall be discussed. Notices of meetings of Council Notices of every meeting other than special meetings called under the proviso to sub-regulation (1) of regulation 3, shall be dispatched by the Secretary to each member of the Council not less than 30 days before the date of meeting. Business agenda for meetings of Council (1) The Secretary shall issue with the notice of the meeting a preliminary agenda showing the business to be brought before the meeting, the terms of all motions to be moved of which notice in writing has previously reached him and the names of the movers. (2) A member who wishes to move any motion not included in the preliminary agenda or an amendment to any item so included shall give notice thereof to the Secretary not less than 20 clear days before the date fixed for the meeting. (3) The Secretary shall not less than 10 clear days before the date fixed for the meeting, and in case of special meeting, with the notice of the meeting, issue a complete agenda paper showing the business to be brought before the meeting. (4) A member who wishes to move an amendment to any item included in the complete agenda paper, but not included in the preliminary agenda paper shall give notice thereof to the Secretary not less than 3 clear days before the date fixed for the meeting. (5) The Secretary shall, if time permits, cause a list of amendments of which notice has been given under sub-regulation (4) to be made available for the use of every member before the meeting. (6) President may, if the Council agrees, allow a motion to be discussed at a meeting notwithstanding the fact that notice was received too late to admit of compliance with these regulations. (7) Nothing in these regulations shall operate to prevent the reference by the Executive Committee of any matter to the Council at a meeting following immediately or too soon after the meeting of the Executive Committee. (8) An amendment to a resolution or a motion can be moved when it is under discussion and no time limit of notice shall be necessary. (9) A motion shall not be admissible, (a) if the matter to which it relates is not within the scope of the Council's functions; (b) if it raises substantially the same question as a motion or amendment which has been moved or withdrawn with the leave of the Council within one year of the date of the meeting at which it is designed to be moved: Provided that such a motion may be admitted at a special meeting of the Council convened for the purpose under clause (ii) of the proviso to regulation 3 on the requisition of not less than two-thirds of the total strength of the Council: Provided further that nothing in these regulations shall operate to prohibit further discussion of any matter referred to the Council by the Central Government in the exercise of any of its functions under the Act; (c) unless it is clearly and precisely expressed and raised substantially a definite issue; (d) if it contains arguments, inferences, ironical expressions of defamatory statements. (10) The President shall disallow any motion which in his opinion, is inadmissible under sub-regulation (9): Provided that if a motion can be rendered admissible by amendment, the President may in lieu of disallowing the motion admit it in amended form. (11) When the President disallows or accepts an amendment to a motion, the Secretary shall inform the members who gave notice of the motion of the order of disallowance or as the case may be, of the form in which the motion has been admitted. Presiding officer of meetings of the Council and manner of voting (1) Every meeting of the Council shall be presided over by the President or, if he is absent, by the Vice-President or, if both the President and the Vice-President are absent, by a member to be elected by the member present from amongst themselves. (2) Every matter to be determined by the Council shall be determined on a motion moved by a member and put to the Council by the Presiding officer. (3) Votes shall be taken by show of hands or by division or by ballot as the Presiding officer may direct. Provided that votes shall be taken by ballot if three members so desire and ask for it: Provided further that if voting has been by show of hands, a division shall be taken if a member asks for it. (4) The Presiding officer shall determine the method of taking votes by division. (5) The result of the vote shall be announced by the Presiding officer of the meeting and shall not be challenged. (6) In the event of an equality of votes, the Presiding officer of the meeting shall have a second or casting vote.
10. Motions to be moved at meetings of the Council
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Motions to be moved at meetings of the Council (1) When motions identical in purport stand in the names of two or more members, the Presiding officer of the meeting shall decide whose motion shall be moved and other motion or motions shall thereupon be deemed to have been withdrawn. (2) Every motion or amendment shall be seconded and if not seconded shall be deemed to have been withdrawn. (3) When a motion is seconded, it shall be stated by the Presiding officer of the meeting. (4) When a motion has been thus stated, it may be discussed as a question to be resolved either in the affirmative or in the negative or any members may, subject to regulation 11 move an amendment to the motion: Provided that the Presiding officer shall not allow an amendment to be moved which if it had been a substantive motion would have been inadmissible under regulation 8. Amendments to motions at the meetings of Council (1) At a meeting of the Council an amendment must be relevant to and within the scope of the motion to which it is proposed and shall not be moved which has merely the effect of a negative vote. (2) The Presiding officer of the meeting may refuse to put to vote an amendment to the motion which is in his opinion frivolous and has the effect of a negative vote. (3) A motion may be amended by: (a) the omission, insertion or addition of words; or (b) the substitution of words for any of the original words. Matters which may be discussed at the time of discussion of a motion (1) At a meeting of the Council when a motion or amendment is under debate no proposal with reference thereto shall be made other than – (a) an amendment of the motion or the amendment, as the case may be as proposed in regulation 10; (b) a motion for the adjournment of the debate on the motion or amendment either to a specified date and hour or sine die; (c) a motion for the closure, namely a motion that the question be now put; (d) a motion that the Council instead of proceeding to deal with the motion do pass to the next item in the agenda. Provided that no such motion or amendment shall be moved so as to interrupt a speech: Provided further that no motion of the nature referred to in clauses (b), (c) and (d) shall be moved or seconded by a member who has already spoken on the question at the meeting. (2) Unless the Presiding officer of the meeting is of opinion that a motion for closure is an abuse of the right of reasonable debate, he shall forthwith put a motion that the question be now put and if that motion is carried the substantive motion or amendment under debate shall be put forthwith: Provided that the Presiding officer of the meeting may allow the mover of the substantive motion to exercise his right of reply before the substantive motion under the debate is put: Provided further that it shall not interrupt a speech, a proposal to adjourn the Council to a specified date and hour may be made at any time, but it shall be at the discretion of the Presiding officer of the meeting to put or refuse to put such a proposal to the Council. (3) A motion or an amendment which has been moved and seconded shall not be withdrawn save with the leave of the Council which shall not be granted, if any member dissent from the granting of such leave. (4) When a motion has been moved and seconded, members other than the mover and the seconder may speak on the motion in such order as the Presiding officer of the meeting may direct: Provided that the seconder of a motion or of an amendment may, with the permission of the Presiding officer of the meeting confine himself to seconding the motion or amendment, as the case may be and speak thereon at any subsequent stage of the debate. (5) During the meeting, the Presiding officer of the meeting may, at any time, make any objection or suggestion or give information to elucidate any point to help the members in the discussion. (6) The mover of an original motion, and if permitted by the Presiding officer of the meeting, the mover of any amendment, shall be entitled to a right of final reply; and no other member shall speak more than once in the debate except with the permission of the Presiding officer of the meeting for the purpose of making a personal explanation or putting a question to the members then addressing the Council: Provided that any member at any stage of the debate may arise to a point of order, but no speech shall be allowed on that point: Provided further that a member who has spoken on a motion may speak again on an amendment to the motion subsequently moved. (7) A speech shall be strictly confined to the subject matter of the motion or amendment on which it is made.
(8) Any motion or amendment standing in the name of a member who is absent from the meeting or unwilling to move it, may be brought
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(8) Any motion or amendment standing in the name of a member who is absent from the meeting or unwilling to move it, may be brought forward by another member with the permission of the Presiding officer of the meeting. (9) If at any time the presiding officer of the meeting rises, any member speaking shall immediately resume his seat. Adoption of motion (1) When an amendment to any motion is moved and seconded or when two or more such amendments are moved and seconded, the presiding officer of the meeting shall, before taking the sense of the Council thereon, state or read to the Council the terms of the original motion and of the amendment or amendments proposal. (2) An amendment to a motion shall be put to vote first. (3) If there be more than one amendment to a motion the Presiding officer of the meeting shall decide in what order they shall be taken. (4) When any motion involving several points has been discussed, it shall be at the discretion of the Presiding officer of the meeting to divide the motion and put each or any point separately to the vote as he may think fit. Adjournment of meetings of the Council (1) The Presiding officer of a meeting of the Council may at any time, adjourn any meeting to any future date or to any hour of the same day. (2) When a meeting has been adjourned to a future date, the President may change such date to any other day and the Secretary shall send written notice of the change to each member. (3) Whenever a meeting is adjourned to a future date, the Secretary shall, send notice of the adjournment to every member. (4) At a meeting adjourned to a future date, any motion standing over from the previous date shall, unless the President otherwise direct, take precedence over other matter on the agenda. (5) Either at the beginning of the meeting or after the conclusion of the debate on a particular item during the meeting, the Presiding officer of the meeting or a member may suggest a change in the order of business on the agenda, and if the Council agrees such a change shall be made. (6) A matter which had not been on the agenda of the original meeting shall not be discussed at an adjourned meeting. Commencement of a meeting of Council If at any time appointed for a meeting, a quorum is not present, the meeting shall not commence until the quorum is present and if the quorum is not present on the expiration of 20 minutes from the time appointed for the meeting or during the course of any meeting, the meeting shall stand adjourned to such future date and time as the President may appoint: Provided that in the case of meeting adjourned for want of quorum, no quorum shall be required. Points of Order (1) The Presiding officer of the meeting of the Council shall decide all points of order which may arise, and his decision shall be final. (2) If any question arises with reference to procedure in respect of a matter for which these regulations make no provision, the Presiding officer of the meeting shall decide the same and his decision shall be final. Minutes of the meetings of Council (1) The proceedings of the meetings of the Council shall be preserved in the form of minutes which shall be authenticated, after confirmation by the signature of the Presiding officer of the meeting confirming the minutes. (2) A copy of the minutes of each meeting shall be submitted to the President within 10 days of the meeting and attested by him and they shall then be sent to each member within 30 days of the meeting. (3) The minutes of each meeting shall contain such motions and amendments as have been moved and adopted. (4) If any objection regarding the correctness of the minutes is received within 30 days of the despatch of the minutes by the Secretary, such objection together with the minutes as recorded and attested shall be put before the next meeting of the Council for confirmation and at this meeting on other question shall be raised except as to the correctness of the records of the meeting: Provided that if no objection regarding decision taken by the Council at a meeting is received within 30 days of the despatch by the Secretary of the minutes of that particular meeting such decision may, if expedient, be put into effect before the confirmation of the minutes at the meeting: Provided further that the President may direct that action be taken on a decision of the Council before the expiry of the period of 30 days mentioned above. (5) The minutes of the Council shall, as is practicable after their confirmation, be made up in sheets and consecutively paged for Insertion in a volume which shall be permanently preserved.
PART III
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PART III POWERS AND DUTIES OF PRESIDENT AND VICE-PRESIDENT OF THE COUNCIL 18. Powers and Duties of President (1) The President shall exercise such powers and perform such duties as are contained in the provisions of the Act, the regulations and standing orders of the Council and shall do such acts as he considers necessary in the furtherance of the objects for which the Council is established. (2) The President shall preside over the deliberations of the Council and of all committees of which he is a member. (3) The President shall cause the meetings of the Council or Committees of the Council to be convened at such time and place as he may deem fit. (4) The President shall approve the items for agenda to be brought before the meetings of the Council and its Committees. Powers and Duties of Vice-President If the Office of the President is vacant or if the President for any reason, is unable to exercise the powers or perform the duties of his office, the Vice-President shall act in his place and shall exercise the powers and perform the duties of the President. Conduct of business at the meetings of the Executive Committee (1) The meetings of the Executive Committee shall, unless otherwise specified, be generally governed by the regulations applicable to the meetings of the Council. (2) If both the Chairman and Vice-Chairman are absent, the members present shall elect one of their members to preside over the meeting. (3) Four members of the Executive Committee shall form a quorum. (4) If at the time appointed for the meeting of the Executive Committee, the quorum is not present, the meeting shall not commence until a quorum is present, and if the quorum is not present on the expiration of 30 minutes from the time appointed for the meeting or during the course of the meeting, the meeting shall stand adjourned to such future date and time as the member presiding over the meeting may appoint. (5) In the case of a vacancy which may occur during the interval between consecutive meetings of the Council, the Executive Committee may co-opt a member of the Council to fill the vacancy until the next meeting of the Council which shall elect one of its members to be the member of the Executive Committee. (6) Notice and agenda of meetings of the Executive Committee shall ordinarily be given 15 days before the meetings. (7) (a) A copy of the minutes of each meeting shall be submitted to the Chairman within 15 days of the meeting, and after having been attested by him shall be sent to each member, within 20 days of the meeting. (b) If no objection to the correctness of the minutes is received within 20 days of their despatch, any decisions therein shall be given effect to: (c) The minutes shall be sent to the members of the Council after confirmation by the Executive Committee. Provided that the President may direct that the action be taken on a decision of the Executive Committee, before the expiry of the period of 20 days mentioned above. Functions of the Executive Committee (1) The Executive Committee shall be the executive authority of the Council and shall be responsible for giving effect to the resolution and decision of the Council. (2) The Executive Committee shall have powers, such as – (i) to manage the funds of the Council; (ii) to invest the funds of the Council in the manner directed by the Council from time to time; (iii) to appoint and supervise the work of the members of the staff and prescribe their conditions of service; (iv) to consider the annual audit report and place it before the Council with its comments for its consideration;
COMMITTEES OF THE COUNCIL
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(v) to prepare and place before the Council the annual administration report and the statement of accounts; (vi) to authorise the Registrar to incur expenditure within the prescribed limits provided for in the approved budget; (vii) to fix travelling and other allowances to the members of the Council and its Committees and to the members of the staff; (viii) to delegate to the Chairman and the Vice-Chairman any of its aforementioned powers; and (ix) to do all other functions necessary for discharging the aforesaid functions. PART V COMMITTEES OF THE COUNCIL 22. Constitution and conduct of business of committees (1) The Council may, at any time on the adoption of a motion to this effect constitute a committee or committees consisting of any number of its members or resolve itself into a committee for the consideration of any business. (2) The Council shall define the functions of the Committee and the number of members to be appointed or elected. (3) The said committees shall have the powers to co-opt additional member or members not exceeding three in each case with prior approval of the President. (4) (a) If the number of members proposed as members of the committee does not exceed the total number of members to form the committee, the members so proposed shall be appointed as members of the committee. (b) If the number of members so proposed exceeds the total number of members to form the committee, ballot shall be held and the requisite number of members who obtain the largest number of votes shall be appointed. (5) The President and Vice-President shall be ex-officio members of the committees constituted by the Council and shall act as Chairman and Vice-Chairman of these committees. (6) The quorum for a committee constituted by the Council shall not be less than one-third of the total number of the members of the committee. (7) Proceedings of the said committees shall be in accordance with this regulation, provided that it may at any time be relaxed at the discretion of the Chairman of the committee. (8) The committee shall submit its report to the Executive Committee. PART VI REGISTRAR AND EMPLOYEES OF THE COUNCIL 23. Term, powers and duties of Registrar (1) The term of the Registrar shall be fixed by the Council, with the previous sanction of the Central Government, at the time of appointment. (2) The Registrar shall retire from service on attaining the age of 60 years.* (3) The Registrar shall be the Chief Executive Officer of the Council and subject to the general supervision of the President and the relevant committees of the Council, shall exercise and perform, in addition to the powers and duties specified by the Act and these regulations in this behalf the following powers and duties, such as – (i) be in charge of the Office of the Council as its Executive Head; (ii) attend all meetings of the Council or of the committees unless otherwise directed; (iii) keep records and minutes of the proceedings of the Council and of its committees; (iv) keep in his custody the property of the Council including the Seal of the Council; (v) exercise general control and supervision over the employees of the Council; (vi) arrange for the deposit of moneys in bank received on behalf of the Council or its committees unless otherwise decided by the Council; (vii) act as Secretary of all committees and convene meetings of the Council or its committees unless otherwise decided by the Council; (viii) appoint such temporary staff as may be necessary, with the prior approval of the President to transact urgent work; (ix) issue requisite notifications as prescribed and circular as may be required; * Amended by Notification in the Gazette of India Part III, Section 4 on 31.07.1999.
PART VII
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(x) attend to the correspondence of the Council and of the committees; (xi) act as Secretary of the Disciplinary Committee constituted under Rule 35 of the Council of Architecture Rules, 1973; (xii) issue notices and be in charge of all work in respect of the proceedings including the grant of certified copies of documents and evidence or statement of witnesses; (xiii) grant certified copies of documents or other proceedings referred to in the Act or the rules made thereunder or in these regulations; (xiv) be the custodian of the records, registers, accounts, furniture, library and such other property as the Council may acquire from time to time. (xv) make necessary arrangements for receiving moneys due to the Council and also issue receipts thereof; (xvi) cause proper accounts to be maintained and deliver accounts books and other information required by the auditors appointed by the Council for the purpose of the audit of the accounts of the Council; (xvii) make all other payments as sanctioned by the Council, committees and the President; (xviii) pay salary and allowances to officers and employees of the Council, grant leave, etc. to them and sign their increments, in accordance with the approved scale of pay; (xix) exercise disciplinary control over the said employees except dismissal in respect of which prior sanction of the Executive Committee shall be obtained. (xx) perform such other duties as may be assigned to him by the Council or the committees or the President; (xxi) register the architects, renew their registration and remove their names from the register of architects owing to non- payment of renewal fees. Term, powers and duties of Administrative Officer (1) The term of the Administrative Officer shall be fixed by the Council, with the previous sanction of the Central Government, at the time of appointment. (2) The Administrative Officer shall retire from service on attaining the age of 60 years*. (3) The Administrative Officer shall perform such duties as may be assigned to him by the Executive Committee, the Registrar and by these regulations. (4) The Administrative Officer shall assist the Registrar in all the administrative matters in day to day working of the Office and shall assume all administrative responsibilities in the absence of the Registrar. Terms and conditions of service of the employees (1) All other officers and employees including Ministerial and Group D Staff, shall retire from service on attaining the age of 60 years*. (2) The powers and duties of the employees shall be such as may be laid down, from time to time, in the standing orders. (3) The Registrar may subject to prior approval of the President, appoint the Ministerial staff and Class IV staff and may engage such temporary personnel as may be required from time to time and, pay a reasonable rate of remuneration to such personnel, provided it does not exceed the rate sanctioned by the Central Government for corresponding permanent staff and such appointments shall be reported to the Executive Committee. PART VII FINANCES, ACCOUNTS AND AUDIT 26. Finances and Accounts (1) The Council may receive, for the purpose of its expenses, registration fee, renewal fees and such other fees and money made admissible under the Act and the rules framed thereunder, and the proceeds of the sale of register of architects, reports and other publications : Provided that the Council may accept grant, gift or deposit and such other financial assistance from the Central Government. (2) The Bankers of the Council shall be the State Bank of India or any other bank specified in column 2 of the First Schedule, to the Banking companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). (3) (a) All the funds of the Council shall be paid into the Council's accounts with any of the said banks and shall be withdrawn by means of cheques signed by the Registrar and countersigned by the President or any other officer authorized by him in this behalf. (b) The Cheque books shall remain in the personal custody of the Registrar. (4) The funds of the Council, surplus to current requirements may, on the recommendations of the Registrar and with the sanction of the Executive Committee, be invested in fixed deposits with any of the said banks or in any Government security or in any other security approved by the Central Government. * Amended by Notification in the Gazette of India Part III, Section 4 on 31.07.1999.
(5) An investment of the funds of the Council shall be made in the name of the Council.
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(5) An investment of the funds of the Council shall be made in the name of the Council. (6) The safe custody of receipts shall remain in the personal charge of the Registrar and shall be verified once in the six months with the Register of Investments referred to in regulation 27 and a certificate or verification shall be recorded by the Registrar and countersigned by the President. (7) The Registrar shall prepare detailed estimates of the receipts and expenditure for the next financial year, and shall submit the same for the sanction of the Executive Committee. (8) The funds of the Council shall not be appropriated for expenditure on any item which has not been duly sanctioned by the Council or by the President or the Registrar; as the case may be. (9) (a) The President shall have full powers to re-appropriate funds from one unit of appropriation to another subject to the conditions that the total budget provision is not exceeded and the President's action does not lead to any future financial commitment for the Central Government. (b) Copies of orders sanctioning such re-appropriation shall be communicated to the Executive Committee. (10) The Registrar shall have power to sanction expenditure of miscellaneous and contingent nature upto an amount not exceeding Rs.200/- in each case and the expenditure in excess of this amount shall require the sanction of the President. (11) A permanent advance of Rs. 200/- as imprest amount shall be made to the Registrar to meet day to day expenses. (12) The Registrar shall be the certifying officers for travelling and other allowances to members, inspectors and employees of the Council, and the President for those of Registrar. Books of Accounts (1) The following account books of the Council shall be maintained, namely:- (i) The Cash Book. (ii) The Classified Abstract. (iii) The Register of Investments. (iv) The Register of Equipments and Furniture. (v) The Register of Cheque Books. (vi) The Register of Leave and Pension or Provident Fund Contributions. (vii) The Register of permanent advances. (viii) Annual accounts. (2) (a) Monthly accounts shall be compiled in the classified abstract according to the primary units of appropriation. (b) Suitable secondary units may be opened at the discretion of the Registrar who shall be responsible for the due preparation and maintenance of all accounts. Audit of Accounts (1) The annual accounts of the Council shall be audited by an auditor appointed annually by the Council. (2) The result of audit shall be communicated to the Executive Committee. (3) A copy of the audited annual accounts and the report of the Council shall be submitted to the Central Government. PART VIII INSPECTION OF EDUCATIONAL INSTITUTIONS OF ARCHITECTURE 29. Inspection of educational institutions and their examinations The inspection of architectural institutions and the attendance at the time of training and examination under section 19 shall be carried out in accordance with the following manner, namely : – (1) each institution imparting instruction in architecture shall be inspected by the inspectors once in five years: (2) the Registrar shall fix the date of inspection in consultation with the inspector or inspectors and the institution; (3) the Executive Committee shall appoint such number of inspectors as may be deemed necessary to inspect an institution or to attend any examinations and to report thereon: Provided that the minimum number of inspectors for such inspection shall be two.
(4) (a) every inspector shall receive from the Chairman, Executive Committee, a formal commission in writing under the seal
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(4) (a) every inspector shall receive from the Chairman, Executive Committee, a formal commission in writing under the seal of the Council; (b) the instructions of the Chairman shall specify the institution or institutions, courses of studies and scheme of examination or examinations or training programme or educational standards including staff, equipments, accommodation, training and other facilities which are required to be inspected or attended; (c) the Chairman shall inform the inspector that he is to report to the Executive Committee who shall submit their final report with recommendations to the Council in accordance with these regulations; (d) the Registrar shall provide the inspector with a copy of the documents and of the recommendations of the Council in regard to recognition of the qualifications or educational standards and improvements to be made thereon and of the resolutions with regard to architectural education. Powers and duties of Inspectors (1) It shall be the duty of the inspector: – (a) to make himself acquainted with such previous reports, if any, on the institution or institutions which he is appointed to inspect as the Executive Committee may direct and with the observations of the University or examining body and the report of the Council thereon; (b) to attend personally institution or examination or training which he is required to inspect but not to interfere with the conduct thereof; (c) to inspect the institution which provides a recognized course of study or has applied for the recognition of its course of study and scheme of examination and to see that the course is in conformity with the regulations relating to education and the standards laid down by the Council; (d) to report to the Executive Committee his opinion as to the sufficiency or insufficiency of standards of education or examination or institution inspected by him; (e) to set forth in his report, in order, all the necessary particulars as to the question proposed in the written, oral or practical parts of each examination attended by him, the sessional and class work submitted by the candidates at the time of practical or viva-voce examination, the arrangements made for invigilation, the method and scales of making, the standard of knowledge shown by the successful candidates and generally all such details as may be required for adjudicating on the scope and character of the examination; (f) to set forth in his report necessary particulars in respect of institutions so as to enable the Executive Committee to assess the existing facilities for teaching as well as the extend to which the recommendations of the Council regarding professional education have been given effect to; (g) to compare, on receipt from the Registrar, proof copy of any of his reports, the proof with the original and correct, sign and return it to the Registrar for preservation in the records of the Council as the authentic copy of such report. (2) Every report of the inspector or inspectors shall be signed and submitted to the Executive Committee. (3) The reports of inspectors shall be deemed confidential, unless in any particular case the Executive Committee otherwise directs. (4) Copies of the report by inspectors marked confidential shall be forwarded to the University or the examining body concerned as well as the institution with a request that the authority should furnish to the Executive Committee within six months from the date of despatch, such observations thereon as they may think necessary. (5) A confidential copy of report of an inspector or inspectors, with the observations of the University or the examining body or the institution thereon, shall be supplied to each member of the Council and shall be considered together with comments of the Executive Committee by the Council along with the observations thereon of the Executive Committee for consideration by the Council at their next meeting. (7) A copy of every report by the inspector or inspectors, with the observations of the University or the examining body and the institution concerned and the opinion of the Executive Committee thereon, shall, after approval by the Council, be forwarded to the Central Government and State Government concerned.
COUNCIL OF ARCHITECTURE
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COUNCIL OF ARCHITECTURE (Incorporated under the Architects Act, 1972) MINIMUM STANDARDS OF ARCHITECTURAL EDUCATION REGULATIONS, 1983* In exercise of the powers conferred by clauses (e), (g), (h) and (j) of sub-section (2) of section 45 read with section 21 of the Architects Act, 1972 (20 of 1972), the Council of Architecture, with the approval of the Central Government, hereby makes the following regulations, namely :- 1. Short Title and Commencement (1) These regulations may be called the Council of Architecture (Minimum Standards of Architectural Education) Regulations, 1983. (2) They shall come into force on the date of their publication in the Official Gazette.* 2. Definitions In these regulations, unless the context otherwise requires (a) “Act” means the Architects Act, 1972 (20 of 1972); (b) “Council” means of Council of Architecture constituted under Section 3; (c) “Executive Committee” means the Executive Committee constituted under Section 3; (d) “Faculty” means the full-time teaching staff members in the service of the institution; (e) “Institutions” means the colleges/departments/schools of architecture in India imparting instructions for recognized qualifications; (f) “Recognised qualifications” means any qualification in architecture for the time being included in the Schedule or notified under section 15 of Act. Duration and Stages of the Course (1) The architecture course shall be of minimum duration of 5 academic years or 10 semesters of approximately 16 working weeks each inclusive of six months/one semester of approximately 16 working weeks of practical training after the first stage in a professional office. (2) The architecture course may be conducted in two stages. (3) The first 3 academic years / 6 semesters of approximately 16 working weeks each of the course shall be a basic standard course and shall be the first stage: Provided that candidates admitted to the course shall complete the first stage within 5 years of admission to the course. (4) The second stage of the course shall be of 2 academic years / 4 semesters of approximately 16 working weeks each. (5) The completion of first stage shall not qualify candidates for registration under the Architects Act, 1972. Admission to the Architecture Course (1) No candidate, with less than 50% marks in aggregate, shall be admitted to the architecture course unless he/she has passed an examination at the end of the new 10+2 scheme of Senior School Certificate Examination or equivalent with Mathematics and English as subjects of examinations at the 10+2 level. (2) Where 10+2 scheme is not introduced, candidates must have passed after 11 years schooling the Higher Secondary/pre- university/pre-engineering or equivalent examinations in the Science group of any recongnized University or Board with English, Physics, Chemistry and Mathematics as compulsory subjects. (3) The Institutions may subject the candidates, seeking admission to the architecture course, to aptitude tests specially designed to assess the candidates’ aptitude; Provided that no separate aptitude tests may be conducted where admissions are made through competitive examinations. (4) The institutions shall not give weightage of more than 50% marks for aptitude tests in the matter of admissions.
5. Intake and Migration
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Intake and Migration (1) The sanctioned intake of candidates at the first year level shall not exceed a maximum of 40 in a class. If more than 40 candidates are admitted, separate classes shall be organised. (2) The institutions may permit, at their discretion, migration of students from one institution to another subject to the maximum number of students not exceeding the permitted maximum intake in a class. Courses and periods of Studies (1) The institutions imparting instructions in architecture required for granting recognized qualifications may follow the courses and periods of studies as prescribed in Appendix-A. (2) The institution shall, as an integral part of architectural education curriculum and as a part of teaching programme, arrange for study tours, visits to places of architectural interests. Professional examination, Standards of proficiency and conditions of admissions, qualification of examiners (1) The University or an independent examining body shall conduct the examinations at the end of each stage. (2) The sessional work shall, as far as possible, be assessed by a jury of internal and external examiners. (3) The weightage of marks for subjects having both class work marks as well as examination marks may not exceed the ratio of 50:50. (4) The pass percentage shall not be less than 45% in each subject and shall not be less than 50% in the aggregate. (5) Candidates who have passed in the internal assessment, shall only be permitted to appear in an examination. (6) An examiner for any of the subjects of examination shall have a minimum of 3 years teaching/professional experience in his/her field of study. Standards of staff, equipment, accommodation, training and other facilities for technical education (1) The institutions shall maintain a teacher/student ratio of 1:8. (2) The institutions shall have a minimum number of 12 faculty members for a student strength of 100. (3) The institution with the maximum intake of 40 in a class may have the faculty pattern as prescribed in Appendix-B. (4) The institutions shall encourage the faculty members to involve in professional practice including research. (5) The institutions shall provide facilities as indicated in Appendix-C. (6) The institutions shall encourage exchange of faculty members for academic programmes. Notwithstanding anything contained in these regulations, the institutions may prescribe minimum standards of Architectural Education provided such standards does not , in the opinion of the Council, fall below the minimum standards prescribed from time to time by the Council to meet the requirements of the profession and education thereof.
Courses, Periods of Study and Subjects of Examination
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APPENDIX - A Courses, Periods of Study and Subjects of Examination Stage 1 - Basic Course SI No. Subjects of Examination Minimum No. of periods of 50 to 60 minutes duration 1. The names given to the subjects of study are suggestive only. The same subjects pertaining to the architecture may be taught under different names. 25 percent of the study periods to the subjects of the choice. Thus, 570 periods are to be allotted by the institution to the subjects of their choice.
Brief description of the subjects listed in the First Stage of the Course
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Brief description of the subjects listed in the First Stage of the Course 1. ARCHITECTURAL DESIGN Applying the knowledge gained in other subjects and to design buildings of medium complexity e.g. Schools, Colleges, Dispensaries, Shops and Houses, etc., and present them in graphic form. BUILDING CONSTRUCITON Knowledge of various methods of building construction of medium complexity with timber, stone, bricks, concrete etc. including foundation, walls, roofs, staircase, joinery and finishes. BUILDING MATERIAL AND SCIENCES Knowledge of basic building materials and their behaviour such as bricks, stones, metals, timber and finishing materials. Effects of climate on built environment to be able to design for comfortable conditions.
Stage-II
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Stage-II Subjects of Examination Minimum No. of periods of 50 to 60 minutes duration 1. Architectural design, planning and thesis 570 2. Teaching in the second stage may be a lot more flexible. It may also be possible to complete the second stage of the course as a part time course depending upon the facilities available in an institution. For the purpose of calculating the periods of study, 30 periods per week per semester/term of class are considered to be adequate for 1½ years of study at the rate of 16 weeks per semester/term, the total for second stage work out to be 1440 hours. Brief Description of the Subjects Listed in the Second Stage of the Course 1.
4. TOWN PLANNING (THEORY)
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TOWN PLANNING (THEORY) A general understanding of Town Planning principles as they have evolved through the ages. PROFESSIONAL PRACTICE The examination in professional practice is designed to assess the knowledge, skill and maturity which fit the architect to fulfil his professional duties and his understanding of the management of an office organisation for such as a purpose. The sylabii should cover the following areas of study:- General principles of Indian Contract Act; Building Contracts generally, Conditions and forms of contract, Administration of contracts, Principles of arbitration, Indian Arbitration Act, 1940, valuation of properties, Architectural competitions; Easements of properties; Report writing; Codes of Practice; Conditions of Engagement; Duties and responsibilities of an architect in relation to owner, contractor, relate professional and public; Indian Standards & Codes of Practice. ( Planning and Building legislation etc. has been omitted because this is covered under Building Bye-laws - item 6) 6. BUILDING BYE-LAW Study of building regulations to enable to design and prepare drawings for submission to concerned bodies. STRUCTURE SYSTEMS Study of new structural technology such as space frames, prestressing, shells and understanding of the limitations and scope of these techniques. ELECTIVES SUCH AS: (a) Housing (b) Urban Design (c) Interior Design (d) Building Management (e) Landscape Design (f) Urban Planning Intensive study of one or more of the subjects offered as elective depending upon the expertise available to an institution.
APPENDIX - C
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Section 700 — 40-1100-50-1600 Bachelor’s Degree in Architecture or equivalent plus two years of relevant professional experience
APPENDIX - B Statement showing the designation, pay-scale and qualification etc. required to be prescribed for faculty positions SI. Designation Pay-Scale Qualifications 1. 700-40-1100-50-1600 Bachelor’s Degree in Architecture or equivalent plus two years of relevant professional experience. OR Master’s Degree in Architecture or equivalent and one year’s relevant professional experience. Provided further that if a candidate does not possess a Master’s Degree in Architecture and professional experience or a person possessing such experience is not found suitable, the person appointed will be required to obtain the desired professional experience within a period of five years on his appointment failing which he will not be able to earn future increment until he fulfils this requirement. APPENDIX - C Physical Facilities The Institution of Architecture should be located in a building to have a floor area of about 15 sq.m.m. per student.
COUNCIL OF ARCHITECTURE
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COUNCIL OF ARCHITECTURE GUIDELINES ON ADMISSION TO 1ST YEAR OF FULL TIME 5-YEAR DEGREE COURSE IN ARCHITECTURE (B.ARCH) (COA/DOC/01/2001/NOV/09) 1.0 INTRODUCTION 1.1 In exercise of the powers conferred by clauses (e), (g), (h) and (j) of sub-section (2) of Section 45 read with Section 21 of the Architects Act, 1972 (20 of 1972), the Council of Architecture, with the approval of the Central Government, framed the Council of Architecture (Minimum Standards of Architectural Education) Regulations, 1983. 1.2 These Regulations prescribe the minimum standards of architectural education to be maintained by colleges or institutions, required for granting recognised qualifications by authorities in India, including admission to the architecture course. These regulations do not provide for lateral admission to any other stage/semester of the 5-year course in Architecture. 1.4 In terms of these Regulations and the decision of the Council of Architecture, pursuant to the Regulations: (a) The conduct of aptitude test is mandatory for admissions to the 5-year B. Such candidates will not be eligible for registration as an architect with the Council of Architecture. 3 (i) on May 26, 1994 provide in Regulation 8 (3) that : “The Council of Architecture constituted under Section 3 of the Architects Act, 1972 (20 of 1972), shall formulate a comprehensive entrance test including aptitude test on an all India basis”.
(iii) Identifying commonly used materials and objects based on their textural qualities
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Section 4 — 0 WEIGHTAGE The following shall be the weightage : Architectural Aptitude
Section 7 — 0 COMMENCEMENT OF COURSE nd Classes for 1st year of a 5-year B
(iii) Identifying commonly used materials and objects based on their textural qualities (iv) Analytical Reasoning (v) Metal Ability (vi) Imaginative comprehension and expression (vii) Architectural awareness 3.2 Test - II The Drawing aptitude of the candidate shall be judged on the following aspects : (i) Ability to sketch a given object proportionately and rendering the same in visually appealing manner (ii) Visualising and drawing the effects of light on the object and shadows cast on the surroundings (iii) Sense of perspective drawing (iv) Combining and composing given three dimensional elements to form a building or structural form (v) Creating interesting two dimensional composition using given shapes or forms (vi) Creating visual harmony using colours in given composition (vii) Understanding of scale and sense of proportion (viii) Drawing from memory through pencil sketch on themes from day to day experiences. 4.0 WEIGHTAGE The following shall be the weightage : Architectural Aptitude – 50% (Minimum) Qualifying Examination i.e. 10+2 and / or Other Test – 50% (Maximum) 5.0 COMPETENT AUTHORITY AND CONDUCT OF APTITUDE TEST Competent Authority (i.e. an authority designated by Government or by law) alone shall conduct the Aptitude Test in Architecture. This may be conducted prior to a candidate appearing in the Qualifying Examination. 6.0 ADMISSION COUNSELLING The Admission Counselling for the candidates who have applied for admission to the 5-year Degree Course in Architecture should be held independent of the counselling for Engineering, Pharmacy and / or Medicine and other disciplines. 7.0 COMMENCEMENT OF COURSE nd Classes for 1st year of a 5-year B.
COUNCIL OF ARCHITECTURE
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COUNCIL OF ARCHITECTURE (Incorporated under the Architects Act, 1972) REVISED MINIMUM QUALIFICATION AND EXPERIENCE PRESCRIBED FOR TEACHING POSTS IN DEGREE LEVEL TECHNICAL INSTITUTIONS ARCHITECTURE/PLANNING DISCIPLINES (Approved by COA on 22.01.2002)* Sl. Lecturer First Class Bachelor’s Degree in Architecture No minimum requirement. OR (i) Bachelor’s Degree in Architecture; and (ii) First Class Master’s Degree in Architecture / Planning (i) First Class Bachelor’s Degree in Candidates from Practice with 2. 5 years experience in Assistant Architecture; and Bachelor’s Degree in Architecture and Teaching/Practice/Research at the Professor (ii) Master’s Degree in Architecture / Planning Master’s Degree in Architecture/ level of Lecturer or equivalent. Planning having First Class at either OR of the level and having 5 years of (i) Bachelor’s Degree in Architecture; and professional experience shall also be (ii) First Class Master’s Degree in Architecture eligible. /Planning OR . (i) First Class Bachelor’s Degree in Architecture; and (ii) Ph.D in Architecture / Planning Professor (i) First Class Bachelor’s Degree in 10 years experience in Candidates from Practice with 3. Architecture/Planning in case the Desirable Administrative Experience candidate is not Ph.D. in a responsible position. * These qualifications have also been approved by the All India Council for Technical Education vide its letter No.F.no.FD/Pay/01/2001-2002 dated 5-2-2002.
Sl. Cadre Qualification Work Experience Qualification &
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Section 1 — 65/NEC/98-99 March 15, 2000 (Degree level
Cadre Qualification Work Experience Qualification & No (Excluding time period for Experience for acquisition of P.G./Ph.d candidates from Qualification) practice OR Desirable : Administrative Experience in responsible position (i) Bachelor’s Degree in Architecture (ii) First Class Master’s Degree in Architecture/Planning; and (iii) Ph.D in Architecture/Planning or published research works in referred journals/significant professional work which can be considered equivalent to Ph.D OR (i) First Class Bachelor’s Degree in Architecture; and (ii) Ph.D in Architecture/Planning In addition to (i), (ii), (iii) the candidate should be an eminent person in the field. Only candidates registered with the Council of Architecture (COA) under the provisions of the Architects Act, 1972 shall be eligible for the above posts. However, candidates for teaching posts in planning shall not be required to register with COA. If a class/division is not awarded at Master’s level, a minimum of 60% marks in aggregate shall be considered equivalent to first class/division. If a Grade Point System is adopted the CGPA will be converted into equivalent marks as given in Table E-6 of the notification no. 1-65/NEC/98-99 March 15, 2000 (Degree level – Government Institution) and May 3, 2000 (Degree level - Self-Financing).
COUNCIL OF ARCHITECTURE
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COUNCIL OF ARCHITECTURE ARCHITECTS (PROFESSIONAL CONDUCT) REGULATIONS, 1989 PREFACE The profession of architecture calls for men of integrity, business capacity and artistic ability. The architect is entrusted with financial undertaking in which his honesty of purpose must be above suspicion. He acts as a professional advisor to his client and his advice must be absolutely disinterested; he is charged with the exercise of judicial functions as between client and contractor and must act with entire impartially. He has moral responsibility to his profession, associates and sub- ordinates. Architects’ attention is also invited to the guidelines for Architectural Competitions which must be complied with and the architects are advised not to accept membership of the Jury or take part in a competition which is not in accordance with the guidelines formulated by the Council of Architecture. The Council of Architecture has reviewed the matter of the appointment and the fees of architects in depth.
COUNCIL OF ARCHITECTURE
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COUNCIL OF ARCHITECTURE (Incorporated under the Architects Act, 1972) ARCHITECTS (PROFESSIONAL CONDUCT) REGULATIONS, 1989* th New Delhi, the 11 May, 1989 F.No. CA/1/89 – In exercise of the powers conferred by sub-section (1) read with clause (i) of sub-section (2) of Section 45 of the Architects Act, 1972 (Act No. 20 of 1972), the Council of Architecture, with the approval of the Central Government, hereby makes the following regulations to promote the standard of professional conduct/ self-discipline required of an Architect, namely :- 1. Short Title and Commencement (1) These regulations may be called the Architects (Professional Conduct) Regulations, 1989. (2) They shall come into force on the date of their publication in the Official Gazette.* 2. (1) Without prejudice to the provisions of the Central Civil Service (Conduct) Rules, 1964 or any other similar rules applicable to an architect, such architect shall – (i) ensure that his professional activities do not conflict with his general responsibility to contribute to the quality of the environment and future welfare of society; (ii) apply his skill to the creative, responsible and economic development of his country; (iii) provide professional services of a high standard, to the best of his ability; (iv) if in private practice, inform his client of the conditions of engagement and scale of charges and agree that these conditions shall be the basis of his appointment; (v) not sub-commission to another architect or architects the work of which he has been commissioned without prior agreement of his client; (vi) not give or take discounts, commissions, gifts or other inducements for the introduction of clients or of work; (vii) act with fairness and impartially when administering a building contract; (viii) maintain a high standard of integrity; (ix) promote the advancement of architecture, standards of architectural education, research, training and practice; (x) conduct himself in a manner which is not derogatory to his professional character, nor likely to lessen the confidence of the public in the profession, nor bring architects into disrepute; (xi) compete fairly with other architects; (xii) observe and uphold the Council's conditions of engagement and scale of charges; (xiii) not supplant or attempt to supplant another architect; (xiv) not prepare designs in competition with other architects for a client without payment or for a reduced fee (except in a competition conducted in accordance with the architectural competition guidelines approved by the Council); (xv) not attempt to obtain, offer to undertake or accept a commission for which he knows another architect has been selected or employed until he has evidence that the selection, employment or agreement has been terminated and he has given the previous architect written notice that he is so doing; provided that in the preliminary stages of works, the client may consult, in order to select the architect, as many architects as he wants, provided he makes payment of charges to each of the architects so consulted; (xvi) comply with Council’s guidelines for architectural competitions and inform the Council of his appointment as assessor for an architectural competition; (xvii) when working in other countries, observe the requirements of codes of conduct applicable to the place where he is working, * Published in the Gazette of India [ Part III- Section IV] PP 562-564 and 566-567 on May 27, 1989.
(xviii) not have or take as partner in his firm any person who is disqualified for registration by reason of the fact that his
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(xviii) not have or take as partner in his firm any person who is disqualified for registration by reason of the fact that his name has been removed from the Register under Section 29 or 30 of the Architects Act, 1972, (xix) provide their employees with suitable working environment, compensate them fairly and facilitate their professional development, (xx) recognize and respect the professional contribution of his employees, (xxi) provide their associates with suitable working environment, compensate them fairly and facilitate their professional development, (xxii) recognize and respect the professional contribution of his associates, (xxiii) recognize and respect the professional contribution of the consultants, (xxiv) enter into agreement with them defining their scope of work, responsibilities, functions, fees and mode of payment , (xxv) shall not advertise his professional services nor shall he allow his name to be included in advertisement or to be used for publicity purposes save the following exceptions :- (a) a notice of change of address may be published on three occasions and correspondents may be informed by post, (b) an Architect may exhibit his name outside his office and on a building, either under construction or completed, for which he is or was an Architect, provided the lettering does not exceed 10 cm. in height, (c) advertisements including the name and address of an Architect may be published in connection with calling of tenders, staff requirements and similar matters, (d) may allow his name to be associated with illustrations and descriptions of his work in the press or other public media but he shall not give or accept any consideration for such appearances, (e) may allow his name to appear in advertisements inserted in the press by suppliers or manufacturers of materials used in a building he has designed, provided his name is included in an unostentatious manner and he does not accept any consideration for its use, (f) may allow his name to appear in brochure prepared by Clients for the purpose of advertising or promoting projects for which he has been commissioned, (g) may produce or publish brochures, pamphlets describing his experience and capabilities for distribution to those potential Clients whom he can identify by name and position , (h) may allow his name to appear in the classified columns of the trade / professional directory and/or telephone directory. (2) If an Architect practises as a partner in a partnership firm or is incharge and is responsible to a company registered under the Companies Act, 1956 for the conduct of business of such company, he shall ensure that such partnership firm or the company, as the case may be, complies with the provisions of sub-regulation (1). (3) Violation of any of the provisions of sub-regulation (1) shall constitute a professional mis-conduct.
COUNCIL OF ARCHITECTURE
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COUNCIL OF ARCHITECTURE ARCHITECTURAL PRACTICE* (COA/DOC/03/2002/APR/12 & 13) CONDITIONS OF ENGAGEMENT AND SCALE OF CHARGES PREAMBLE Architecture is a social art that touches all human beings at all levels of their existence everywhere and everyday. In sum, Architecture is the matrix of human civilization – an authentic measure of the social status, and an evocative expression of the ethos of an era. Architecture uses the philosophic wholesomeness of Humanities, the logical rationalism of Science, the passionate imagination of Art and the inexhaustible resources of Technology. Architecture is primarily the art and science of designing spaces for serving the multifarious activities of human beings and for meeting their specific needs in a meaningful built environment. When various engineering services are rationally combined with Architecture’s basic elements of Space, Structure and Form, the performance of human functions and the operation of mechanical utilities become efficient, pleasant and fulfilling. However, in its broadened scope and baffling complexity, Architecture has generated specializations such as Structural Design, Urban Design, City Planning, Landscape Architecture and Interior Architecture.
Landscape Architecture deals with the analysis, planning, design, management, preservation and
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Landscape Architecture deals with the analysis, planning, design, management, preservation and rehabilitation of land and also determines the environmental impact. It is a science capable of objective analysis and synthesis leading to an ecologically-sensitive design, which is self-sustainable. It integrates from the very conception, the elements of architecture, urban design and civil engineering for meaningful and practical solutions. Landscape architecture covers a wide spectrum of professional expertise, ranging from landscape planning at the regional and city scale on the one end, to the small and medium scale of public and private landscape at the other. Architecture Design essentially is a product of an individual mind but realized through association of experts from allied fields who contribute in the process of construction. These documents are applicable to all registered architects and such architects who have specialized in areas such as Structural Design, Urban Design, City Planning, Landscape Architecture, Interior Architecture and Architectural Conservation.
COUNCIL OF ARCHITECTURE
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COUNCIL OF ARCHITECTURE COMPREHENSIVE ARCHITECTURAL SERVICES 1. SCOPE OF WORK The Architect is required to provide services in respect of the following : Part I - ARCHITECTURE : 1.1 Taking Client’s instructions and preparation of design brief. 1.2 Site evaluation, analysis and impact of existing and / or proposed development on its immediate environs. 1.5 Sanitary, plumbing, drainage, water supply and sewerage design. 1.6 Electrical, electronic, communication systems and design. Part II – ALLIED FIELDS : 1.11 Landscape Architecture 1.12 Interior Architecture 1.13 Architectural Conservation 1.14 Retrofitting of Buildings 1.15 Graphic Design and Signage 2.
On appointment/ Signing of Agreement/ Acceptance of offer. __ Rs. 20M* or 5% of the total fees payable, whichever is higher, adjustable
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SCHEDULE OF PAYMENT : The Architect shall be paid professional fee in the following stages consistent with the work done plus other charges and reimbursable expenses as agreed upon. : Retainer On appointment/ Signing of Agreement/ Acceptance of offer. __ Rs. 20M* or 5% of the total fees payable, whichever is higher, adjustable at the last stage. Stage 2 __ On submitting the required preliminary scheme for the Client’s 20% of the total fees payable less payment already made at Stage 1. approval along with the preliminary estimate of cost. On incorporating Client’s suggestions and submitting 30% of the total fees payable less payment already made at Stages drawings for approval from the Client/ statutory authorities, 1 and 2. if required. __ b. Upon Client’s / statutory approval necessary for 35% of the total fees payable less payment already made at Stages commencement of construction, wherever applicable. Stage 4 Upon preparation of working drawings, specifications and __ 45% of the total fees payable less payment already made at Stages schedule of quantities sufficient to prepare estimate of cost and 1 to 3b. preparation of tender documents. * Refer explanatory note 3 under Scale of charges.
On inviting, receiving and analysing tenders; advising Client on __ 55% of the total fees payable less payment already made at Stages 1 to 4.
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Stage 5 On inviting, receiving and analysing tenders; advising Client on __ 55% of the total fees payable less payment already made at Stages 1 to 4. appointment of contractors. On submitting working drawings and details required for 65% of the total fees payable less payment already made at Stages 1 to 5. commencement of work at site. __ b. (i) On completion of 20% of the work 70% of the total fees payable less payment already made at Stages 1 to 6a. (ii) On completion of 40% of the work 75% of the total fees payable less payment already made at Stages 1 to __ 6b(i). __ 80% of the total fees payable less payment already made at Stages 1 to (iii) On completion of 60% of the work 6b(ii). (iv) On completion of 80% of the work __ 85% of the total fees payable less payment already made at Stages 1 to 6b(iii). (v) On Virtual Completion __ 90% of the total fees payable less payment already made at Stages 1 to 6b(iv). Stage 7 __ On submitting Completion Report and drawings for issuance of 100% of the fees payable less payment already made at various stages and completion/ occupancy certificate by statutory authorities, retainer. wherever required and on issue of as built drawings 5. EFFECTING PAYMENT TO THE ARCHITECT : 5.1 The fee payable to the Architect shall be computed on the actual cost of works on completion. 5.2 Progressive, on account, payments shall be made by the Client to the Architect against any of the above stages based on the quantum of work done during that stage, as may be mutually agreed to between the Client and the Architect. DOCUMENTATION AND COMMUNICATION CHARGES : Apart from the professional fee, the Client shall pay to the Architect Documentation and Communication charges, @ 10% of the professional fee payable to the Architect at all stages.
8. CLIENT’S ROLE AND RESPONSIBILITIES :
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Section 9 — 02 The Architect shall appoint specialised consultants in consultation with the Client, if necessary
CLIENT’S ROLE AND RESPONSIBILITIES : The Client shall discharge all his obligations connected with the project and engagement of the Architect as follows: 8.01 To provide detailed requirements of the project. In case such information is not readily available, the Client shall arrange for the survey/ collection of necessary information and pay for the same. EXECUTION OF THE ASSIGNMENT : 9.01 The Architect shall keep the Client informed about the progress of work in his office. 9.02 The Architect shall appoint specialised consultants in consultation with the Client, if necessary. 9.04 The Architect will advise the Client on the Time Schedule (Bar Chart/PERT/ CPM Network) prepared by the contractors for the completion of work, if required. 9.05 The Architect shall supply to the Client, free of cost, upto six sets of drawings at different stages.
12. OWNERSHIP OF COPYRIGHT :
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OWNERSHIP OF COPYRIGHT : Architectural design is an intellectual property of the Architect. The drawings, specifications, documents and models as instruments of service are the property of the Architect whether the project, for which they are made, is executed or not. The Client shall retain copies of the Architect’s models, drawings, specifications and other documents for his information and use in connection with the project. These shall not be used for any other project by the Client or the Architect or any other person, except for the repetition as stipulated in the Scale of Charges. TERMINATION OF AGREEMENT : 13.1 Agreement between the Architect and the Client may be terminated by either one giving the other a written notice of not less than 30 (thirty) days, should either fail substantially to perform his part of responsibilities/duties, so long as the failure is not caused by the one initiating the termination. 13.2 When termination of this Agreement is not related or attributable, directly or indirectly to any act, omission, neglect or default on the part of the Architect, the Architect shall be entitled to professional fees as stipulated under Clause 4 and sub-clauses 9.09 and 9.11 of Clause 9.
URBAN DESIGN
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SCOPE OF WORK : The Architect is required to provide services for Urban Design /Urban Renewal Scheme in respect of the following : PART I - URBAN DESIGN/ URBAN RENEWAL 1.1 Taking Client’s instructions and preparation of design brief. 1.2 Site evaluation, analysis of architectural character, social issues and heritage. 1.4 Preliminary proposal for development/ re-development and their impact on immediate environs. 1.5 Volumetric study and Urban form recommendations including pedestrian / vehicular movement and parking. SCHEDULE OF SERVICES : The Architect shall, after taking instructions from the Client, render the following services: PROGRAMMING AND SITE EVALUATION [STAGE 1] : 2.01 Ascertain Client’s requirements, examine site constraints & potential ; and prepare a design brief for Client’s approval. CONCEPT DESIGN [STAGE 2] : 2.08 Preparation of concept design of the area showing circulation pattern, zoning of various land uses and relevant details, development/re- development strategy.
2.09 Assessment of utility services and their interconnectivity.
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Section 3 — 2 Any tax levied by law, such as Service tax, etc
2.09 Assessment of utility services and their interconnectivity. 2.15 Preparation of drawings showing schematic network of services. IMPLEMENTATION [STAGE 4] : 2.21 Provide Comprehensive Architectural Services with regard to Site Development works, if assigned. 2.22 Provide Landscape Architectural Services with regard to public spaces, if assigned. PROFESSIONAL FEE : 3.1 In consideration of the professional services rendered by the Architect, he shall be paid professional fee and other charges in accordance with the Scale of Charges for Urban Design/ Urban Renewal, Site Development and Landscape Architecture, as assigned. 3.2 Any tax levied by law, such as Service tax, etc., contingent to Professional Services rendered by the Architect, shall be payable by the Client, over and above the gross fees charged by the Architect in relation to the services provided.
a. On submitting concept design and revised rough 25% of the total fees payable less payment already made at
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On submitting concept design and revised rough 25% of the total fees payable less payment already made at ___ estimate of project cost. Stage 1. ___ 45% of the total fees payable less payment already made at b. Stage 3 55% of the total fees payable less payment already made at a. On submitting drawings showing Architectural ___ 65% of the total fees payable less payment already made at Stages 1 to 3a. controls, features and specifications. c. On submitting drawings showing schematic network 80% of the total fees payable less payment already made at ___ Stages 1 to 3b, to be released in two equal instalments on of services, landscape, street furniture, graphic submission and approval. signage and modified estimate of project cost and approval thereof from the Client/ statutory authorities. d. On submitting urban design report. ___ 85% of the total fees payable less payment already made at Stages 1 to 3c.
8. CLIENT’S ROLE AND RESPONSIBILITIES :
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CLIENT’S ROLE AND RESPONSIBILITIES : The Client shall discharge all his obligations connected with the project and engagement of the Architect, as follows: 8.01 To provide detailed requirements of the project. In case such information is not readily available, the Client shall arrange for the survey/ collection of necessary information and pay for the same. EXECUTION OF THE ASSIGNMENT : 9.01 The Architect shall keep the Client informed about the progress of work in his office. 9.02 The Architect shall appoint specialised consultants in consultation with the Client, if necessary. 9.04 The Architect will advise the Client on the broad Time Schedule for implementation of the project. 9.05 The Architect shall supply to the Client, free of cost, upto six sets of drawings at different stages.
12. OWNERSHIP OF COPYRIGHT :
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OWNERSHIP OF COPYRIGHT : Architectural design is an intellectual property of the Architect. The drawings, specifications, documents and models as instruments of service are the property of the Architect whether the project, for which they are made, is executed or not. The Client shall retain copies of the Architect’s models, drawings, specifications and other documents for his information and use in connection with the project. These shall not be used for any other project by the Client or the Architect or any other person, except for the repetition as stipulated in the Scale of Charges. TERMINATION OF AGREEMENT : 13.1 Agreement between the Architect and the Client may be terminated by either one giving the other a written notice of not less than 30 (thirty) days, should either fail substantially to perform his part of responsibilities/ duties, so long as the failure is not caused by the one initiating the termination. 13.2 When termination of this Agreement is not related or attributable, directly or indirectly to any act, omission, neglect or default on the part of the Architect, the Architect shall be entitled to professional fees as stipulated under Clause 4 and sub- clauses9.09 and 9.11 of Clause 9.
LANDSCAPE ARCHITECTURE
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SCOPE OF WORK : The Architect is required to provide services in respect of the following: 1.1 Site appraisal and suitability. 1.4 Surface drainage design and water management. 1.6 Open space design - hard and soft areas. 1.8 Landscape structures and features. 1.12 Co-ordination of external services. 2.04 Prepare conceptual landscape design with reference to requirements given and prepare rough estimate of cost on area basis.
COMPLETION [STAGE 7] :
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COMPLETION [STAGE 7] : 2.15 Prepare and submit completion reports and drawings for the project as required and assist the Client in obtaining “Completion / Occupancy Certificate” from statutory authorities, wherever required. 20 M* or 5% of the total fees payable, whichever is higher, adjustable at the last stage. Stage 1 On submitting conceptual designs and rough estimate of cost. Stage 2 On submitting the required preliminary scheme for the Client’s 20% of the total fees payable less payment already made at Stage 1. approval along with the preliminary estimate of cost. Stage 3 On incorporating Client’s suggestions and submitting drawings 35% of the total fees less payment already made at Stages 1 and 2. for obtaining approval from the Client/ statutory authorities, if required. Stage 7 On submitting Completion Report and drawings for issuance of 100% of the fees payable less payment already made at various completion/ occupancy certificate by statutory authorities, Stages and retainer. wherever required and on issue of as built drawings. * Refer explanatory note 3 under Scale of charges.
5. EFFECTING PAYMENT TO THE ARCHITECT :
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EFFECTING PAYMENT TO THE ARCHITECT : 5.1 The fee payable to the Architect shall be computed on the actual cost of works on completion. The payment due to the Architect at different stages be computed on the following basis : 5.1.1 At Retainer : On rough estimate of cost. 5.2 Progressive, on account, payments shall be made by the Client to the Architect against any of the above stages based on the quantum of work done during that stage, as may be mutually agreed to between the Client and the Architect. 5.3 No deduction shall be made from the fee of the Architect on account of penalty, liquidated damages, part rates or other sums withheld from payment or recovered from contractors/ suppliers. DOCUMENTATION AND COMMUNICATION CHARGES : Apart from the professional fee, the Client shall pay to the Architect Documentation and Communication charges, @ 10% of the professional fee payable to the Architect at all stages. REIMBURSABLE EXPENSES : In addition to the amounts reimbursable against site visits by the Architect/ Consultant, the Client will reimburse the Architect the following expenses incurred by him for discharge of his obligations: 7.01 Actual cost of travel (to & fro), boarding & lodging and local transport for any visit made by his staff to the site or such other place as may be necessary in connection with the execution of work and in connection with the performance of duties referred to in this agreement.
9. EXECUTION OF THE ASSIGNMENT :
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EXECUTION OF THE ASSIGNMENT : 9.01 The Architect shall keep the Client informed about the progress of work in his office. 9.02 The Architect shall appoint specialised consultants in consultation with the Client, if necessary. 9.03 The Architect shall be responsible for the direction and integration of the consultants work. The consultants, however, shall be fully responsible for the calculations, the detailed design and periodic inspection and evaluation of the work entrusted to them. The Architect shall, if requested, make available the design calculations. 9.04 The Architect will advise the Client on the Time Schedule (Bar Chart/PERT/ CPM Network) prepared by the contractors for the completion of work, if required.
INTERIOR ARCHITECTURE
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SCOPE OF WORK : The Architect is required to provide services in respect of the following : 1.1 Site evaluation and assessment. 1.2 Interior design – space planning/ development & volumetric study. 1.3 Architectural additions and alterations. 1.4 Design of fixed items of work, loose furniture & interior related civil works. 1.9 Selection of materials, equipment and other interior related elements. PRELIMINARY DESIGN [STAGE 2] : 2.04 Modify the conceptual designs incorporating required changes, prepare the preliminary drawings, interior views and schedule of finishes for the Client’s approval along with the preliminary estimate of cost on area basis.
COMPLETION [STAGE 7] :
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COMPLETION [STAGE 7] : 2.14 Prepare and submit completion reports and drawings for the project as required and assist the Client in obtaining “Completion/ Occupancy Certificate” from statutory authorities, wherever required. 20 M* or 5% of the total fees payable, whichever is higher, adjustable at the last stage. Stage 1 On submitting conceptual designs and rough estimate of cost. Stage 2 On submitting the required preliminary scheme for the 20% of the total fees payable less payment already made at Stage 1. Stage 3 On incorporating Client’s suggestions and submitting drawings for obtaining approval from the Client/ statutory 35% of the total fees less payment already made at Stages 1 and 2. authorities, if required. Stage 7 On submitting Completion Report and drawings for issuance 100% of the fees payable less payment already made at various of completion/ occupancy certificate by statutory authorities, stages and retainer. wherever required and on issue of as built drawings. * Refer explanatory note 3 under Scale of charges.
5. EFFECTING PAYMENT TO THE ARCHITECT :
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EFFECTING PAYMENT TO THE ARCHITECT : 5.1 The fee payable to the Architect shall be computed on the actual cost of works on completion. The payment due to the Architect at different stages be computed on the following basis: 5.1.1 At Retainer : On rough estimate of cost. 5.2 Progressive, on account, payments shall be made by the Client to the Architect against any of the above stages based on the quantum of work done during that stage, as may be mutually agreed to between the Client and the Architect. 5.3 No deductions shall be made from the fee of the Architect on account of penalty, liquidated damages, part rates or other sums withheld from payment or recovered from contractors/ suppliers. DOCUMENTATION AND COMMUNICATION CHARGES : Apart from the professional fee, the Client shall pay to the Architect Documentation and Communication charges, @ 10% of the professional fee payable to the Architect at all stages. REIMBURSABLE EXPENSES : In addition to the amounts reimbursable against site visits by the Architect/ Consultant, the Client will reimburse the Architect the following expenses incurred by him for discharge of his obligations: 7.01.
9.03 The Architect shall be responsible for the direction and integration of the consultants work. The consultants, however, shall
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9.03 The Architect shall be responsible for the direction and integration of the consultants work. The consultants, however, shall be fully responsible for the calculations, the detailed design and periodic inspection and evaluation of the work entrusted to them. The Architect shall, if requested, make available the design calculations. 9.04 The Architect will advise the Client on the Time Schedule (Bar Chart/PERT/ CPM Network) prepared by the contractors for the completion of work, if required. INDEMNIFICATION : In the event that a claim or suit is brought against the Architect or the Consultants by any third party for damages arising from personal injury or property damage caused wholly by the Client, or anyone employed by the Client, or anyone for whose acts the Client may be held responsible, then the Client shall indemnify the Architect and fully reimburse any loss, damage or expenses, including the attorney’s fees, which the Architect may incur in connection therewith. 13.3 In the event of Architect’s firm closing its business or the Client having terminated the agreement, the Client shall have the right to employ another Architect to complete the work, after making payment to the previous architect’s firm.
SCALE OF CHARGES
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SCALE OF CHARGES Type of Project/ Services Scope of Work & Services Minimum fees/ Reimbursable expenses 1. Comprehensive Architectural Services 1.1 Housing i) Single Block Housing and sites upto 0.5 hectare : 5 Percent on the As described for Comprehensive Architectural cost of works assigned. Services in the Conditions of Engagement including Site Development but excluding ii) For a site more than 0.5 hectare and upto 2.5 hectares: 3.5 Percent Landscape Architecture, Interior Architecture, on the cost of works assigned. Graphic Design and Signage. iii) For a site more than 2.5 hectares and upto 5 hectares : 2.5 Percent on the cost of works assigned. iv) For a site more than 5 hectares : 2 Percent on the cost of works assigned. v) Individual House : 7.5 Percent on the cost of works assigned. Note : The fees payable in marginal cases in respect of clauses (iii) to (v) shall not be less than the maximum fee payable in their respective preceding clauses. 1.2 All projects other than housing As described for Comprehensive Architectural 5 Percent on the cost of works assigned.
Type of Project/ Services Scope of Work & Services Minimum fees/ Reimbursable expenses
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Above fees are subject to a minimum of Rupees 250M. Type of Project/ Services Scope of Work & Services Minimum fees/ Reimbursable expenses 3. Site visits Visits by an Architect/consultant in connection with Project for which commissioned. i) Outstation Visit (a) Travelling, Boarding & Lodging Actual Air/ AC First Class Fare (to & fro), AC Car, Expenses Boarding & Lodging Expenses and Local Transport. Documentation and Applicable on all professional fee payable to 10 percent of the professional fees. Verification and Verification of Contractor’s bills for Certification of payment, based on progress of works at site, 1 percent in addition to above fees. 1500 M the professional fees may be negotiable between the Architect and the Client.
From Ref. FR
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FR To Date Dear Sir, We have great pleasure in appointing your firm as our architects for Comprehensive Architectural services/ Urban Design/ Landscape Architecture! Interior Architecture as detailed below : Project Scope of work SR — Fees PROJECT COMPIEHON रिलॉफती..............८८८८८००००पपपपयययययययायायययायाययययययायययायययययायााायायययाायायायाययययययायाययायायययााायय This letter of appointment together with Conditions of Engagement and Scale of Charges of Council of Architecture, as appended herewith, shall ‘govem the agreement. This letter is being sent in duplicate. One copy may please be signed in token of your acceptance and returned to us. Thanking you, Yours faithfully, (Signature of Client) ACCEPTED Signature of Architect Name of the Architect Council of Architectures Registration No.
COUNCIL OF ARCHITECTURE
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COUNCIL OF ARCHITECTURE ARCHITECTURAL PRACTICE (COA/DOC/04/2002/APR/12&13) ARCHITECT’S PROFESSIONAL LIABILITY INTRODUCTION Professionals are required to discharge their obligations and commitments diligently and befitting with quality and standards of services. The laws of the land mandate that the professionals should provide services to the consumers in a required manner exercising duty of care and while doing so they should not commit any negligent act. Although Council of Architecture has prescribed the Conditions of Engagement and Scale of Charges, the question of professional liability of architects during the post completion period of the project remained a vexed question for many years. It has been the constant desire and earnest request of the professionals that Council of Architecture being a statutory body regulating the Architectural Education and Profession throughout the country, it should formulate guidelines on architect’s professional liability. Keeping this end in view, the Council has prescribed guidelines on “Architect’s Professional Liability” to make aware of the architects and the owners and occupiers of the buildings in what manner and under which circumstances an architect should be held responsible for the negligent act/ deficient services and at the same time, it highlights the clients/ occupiers’ duties and responsibilities to be undertaken by them to preserve the longevity of the building. This th th document has been approved by the Council of Architecture at its 40 meeting held on 12 & 13th April, 2002, vide Resolution No.302, as guidelines to the Architects and user organisations / individual clients.
ARCHITECT’S PROFESSIONAL LIABILITY
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ARCHITECT’S PROFESSIONAL LIABILITY 1.0 Professional Duties of Architect: 1.1 Service: “Service”, as defined under Section 2 (1) (o) of the Consumer Protection Act, 1986, means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service. In other words, rendering professional service by an architect for “consideration” falls within the ambit of “service”. The professional services rendered by the architect mean the services rendered pursuant to the Conditions of Engagement and Scale of Charges, entered into between the Client and the Architect. 1.2 Competence: An architect, being a professional, shall possess the required knowledge and skill i.e. proficiency and competence for discharging his professional duties and functions. When an architect offers professional advice/architectural services, implicitly undertakes that he is possessed of the knowledge and skill for the purpose. 2.0 Professional Conduct: An architect shall be required to comply with the standards of professional conduct and etiquette and a code of ethics set out in clauses (i) to (xxv), read with exceptions covered by sub-clauses (a) to (h) of sub-regulation (1) of Regulation 2 of the Architects (Professional Conduct) Regulations, 1989.
4.3.5 Any compromise with the safety norms by the owner(s)/ occupant(s).
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Section 6 — 3 Duration: The architect’s liability shall be limited to a maximum period of three years after the building is handed over to / occupied by the owner, whichever is earlier
4.3.5 Any compromise with the safety norms by the owner(s)/ occupant(s). 4.3.6 Distress due to leakage from terrace, toilets, water logging within the vicinity of the building and that would affect the strength/stability of the structure or general well-being. 4.3.7 Lack of periodical maintenance or inadequate maintenance by the owner(s)/occupant(s). 4.3.8 Damages caused due to any reasons arising out of ‘specialised consultants’ deficient services with regard to design and supervision of the work entrusted to them, who were appointed/ engaged in consultation with the Client. 4.3.9 Damages caused to the building for the reasons beyond the control of the architect. 6.3 Duration: The architect’s liability shall be limited to a maximum period of three years after the building is handed over to / occupied by the owner, whichever is earlier.
COUNCIL OF ARCHITECTURE
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COUNCIL OF ARCHITECTURE GUIDELINES OF CONSULTANCY PRACTICE FOR THE FACULTY MEMBERS OF THE SCHOOLS OF ARCHITECTURE PREFACE The Council of Architecture, whilst formulating the Regulations on Minimum Standards for undergraduate architectural education has emphasized that institutions imparting architectural education shall encourage faculty members to involve in professional practice, including research. The concept and practice of Architecture, today, is far different from that of the Twenties and Thirties. The practice now is concerned with the whole activity of designing a Complex, man-made environment, especially in the urban areas. Many new factors, including the advances that science and technology is making, call for immediate attention by the profession. Architectural education will have to be broader and more encompassing, and the faculty and the teaching institutions have to keep themselves abreast of the latest techniques and development. It is this context that the Council of Architecture has evolved Guidelines for Consultancy Practice by the faculty members of the schools of archtecture.
GUIDELINES OF CONSULTANCEY PRACTICE FOR THE
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GUIDELINES OF CONSULTANCEY PRACTICE FOR THE FACULTY MEMBERS OF THE SCHOOLS OF ARCHITECTURE 1. This can only be achieved with opportunities to the faculty members who involve in professional consultancy practice. Such a consultancy practice has also other advantages like: (a) The contact with the profession and industry enriches experience and knowledge of the faculty members in the professional spheres that upgrade the level quality of teaching, training and research programmes. (b) The faculty members have also opportunities for implementing their ideas under actual live conditions. (c) The contact with live teachers and actual projects would enable the students to perceive properly and relevant to the curriculum. (d) The students will thereby be trained at a much higher level by technological efficiency and latest techniques and research inputs resulting in their immediate absorption in employment after completion of their studies with greater confidence and the professional challenges. With this in view it is recommended that the institutions may permit faculty members to engage themselves either in institutional consultancy practice or individual consultancy practice on the following guidelines. General 2.1 The faculty members may be permitted to engage in private consultancy practice without detriment to their normal and primary duties to the students, research/training and other activities of the institution, either individually or in groups or in association with individuals or with established firms on a fee or retainer basis. 2.2 The faculty members shall not be entitled for any concession for engaging themselves in private consultancy practice.
Provided further, that another 10% of the fees shall be placed at the disposal of the Consultancy Cell Committee
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Provided further, that another 10% of the fees shall be placed at the disposal of the Consultancy Cell Committee to defray expenditure for its activities. The remaining 80% of the fees shall be utilised for expenditure and for payment of honorarium to faculty members. 3.7 The faculty members shall submit progress reports to the Consultancy Cell periodically for review. 3.8 The Consultancy Cell Committee shall submit reports annually to the authorities of the institution. 3.9 The Consultancy Cell shall manage all its receipts and payments. Individual Consultancy Practice 4.1 The faculty members shall keep the institution informed of each consultancy project to be undertaken seeking prior approval within a reasonable period of time: Provided, if, in the opinion of the institution, the primary teaching duties of the faculty members are likely to be adversely affected by the quantum and nature of work, the reasons shall be communicated to the faculty members to satisfy the institution before actual engagement.
COUNCIL OF ARCHITECTURE
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COUNCIL OF ARCHITECTURE ARCHITECTURAL COMPETITION GUIDELINES PREFACE Architectural Competitions have a long history, and have produced many extremely successful buildings. They attract great public interest, and have led to the discovery of new talent and new ideas, that could only be found by throwing an architectural project wide open to competition. The Council of Architecture Competition Guidelines provide a new uptodate code that safeguards the interests of promoters and of architects, and bring the system into line with present-day conditions. Architects, however, are allowed to compete against each other without charging a fee in an open architectural competition held under Council of Architecture Guidelines. He is making a public demonstration that he cares about architecture, and can take legitimate pride in his determination to find the best architect and the best design he can get. Competition Guidelines as laid by the Council of Architecture protects and safeguards the interest of both the promoter and the competitors.
ARCHITECTURAL COMPETITION GUIDELINES
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ARCHITECTURAL COMPETITION GUIDELINES ARCHITECTURAL COMPETITION – ITS PURPOSE Architectural Competitions give the promoters a choice from the best viable project of high standard with a variety of approaches. Competition brings out a wide range of ideas and concepts and gives the promoter the choice of selecting that which fits into his specific requirements. One of the principal aims of the competition is to explore hidden talents among younger Architects. Competition Guidelines as laid down by the Council of Architecture protect and safeguard the interests both of the promoter and the competitor. Schedule 1 of the Competition Guidelines describes in detail the types of competitions, which could be adopted and successfully conducted. The conditions for Architectural competition given in Schedule 3 specifies the procedure to be followed by the promoter for conducting competitions and these conditions have been drawn up to ensure that each competitor competes on similar conditions, that the selection is based entirely on merit, that in appreciation of the effort that would be put in by each competitor suitable and adequate prize monies and honoraria are assured, that anonymity of the competitor is maintained during the competition and that each competitor enjoys Copyright and Right of Ownership.
GUIDELINES FOR ARCHITECTURAL COMPETITIONS
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GUIDELINES FOR ARCHITECTURAL COMPETITIONS INTRODUCTION : The purpose of these Guidelines is to indicate the principles upon which competitions will be conducted and the rules which must be observed by a promoter for conducting competitions. These guidelines have been drawn up in the interest of both the promoter and the competitor and to ensure that the architectural competitions are properly conducted and that selection of the design will be on merit alone and will satisfy the promoter's requirements. The Code of Professional Conduct of the Council of Architecture does not allow Architects to give unpaid services in competition with each other and competitive designs shall only be submitted through competition organised within the framework of these guidelines. GUIDELINES : ARTICLE 1 : ELIGIBILITY TO COMPETE : Participation in any and all competitions shall be open to: 1. The draft competition conditions including time table, registration fees, prize monies/honoraria, board of assessors, the programme etc. of competitions shall have been finalised within the framework of the guidelines prescribed by the Council of Architecture before any announcement is made by the promoter of the competition. The conditions of the competitions shall clearly give: Conditions based upon guidelines prescribed by the Council of Architecture.
ARCHITECTURAL COMPETITIONS
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The competition shall be conducted in English. All competition designs shall be submitted anonymously. ARTICLE 3 : BOARD OF ASSESSORS : The Board of Assessors shall at all times include Architects who are registered with the Council of Architecture and shall be in a majority of atleast one. ARTICLE 4 : PRIZES, HONORARIA & MENTIONS : No competition shall be conducted without adequate premium/honoraria and the competition conditions and the media announcements must state the amounts and number of prizes for the open competition and the amount of premium or honorarium to each competitor in a limited competition and in the second stage of a two stage competition. ARCHITECTURAL COMPETITIONS REGISTRATION PROCEDURE : It is extremely important for competitors who may be asked to pay substantial registration fees to know exactly when they are registered and under what conditions the registration fee will be refunded. It is also important for intending competitors to receive sufficient information when they are invited to apply for the competition conditions to enable them to judge whether the competition falls within the guidelines for architectural competition of the Council of Architecture and whether they are capable of tackling the problem set by the competition.
REGISTRATION FORM
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REGISTRATION FORM (All entries in block letters) Registration No. OR Name of Educational Institution: Year of Study Compeitor(s) Name(s) (1) MifMs. Surname 1st Name 2nd Name (2) MifMs. SU Sumame 1stName 2nd Name (3) Mi/Ms. . Sumame ~~ 1stName 2nd Name Address: (In case of entry by a team, give the address of the first mentioned person who will be registered by the promoter as a leader). Registration fee Demand Draft for Rs. (enter amount) (By Demand Draft in favour of ) no dated — (indicate name of promoter) drawn on. (enter name of the Bank) payable at लि 84
Declaration : (To be signed by Competitor i.e. an individual Architect or one of the partners of a firm of Architecs or leader of a team of
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Declaration : (To be signed by Competitor i.e. an individual Architect or one of the partners of a firm of Architecs or leader of a team of 1 Architects) I declare that at the time of application to register for the competition, I was registered with the Council of Architecture incorporated under the Architects Act 1972 and that the Registration with the Council of Architecture will be maintained, till the award of the Board of Assessors and thereafter till the completion of the project if I am declared and appointed as the Architect for the project. OR I declare that at the time of application to register I was studying Architecture in the____________ (indicate year of study) year of Architecture at the __________________________(Indicate name of educational institution) (Optional clause if students are admitted). Signature.................................................... Date........................................................... Ideas competitions: Students may register either individually or in team with other students. iii. Two Stage and Single Stage competitions: Students are not permitted to register and may therefore only participate in association with an accredited architect.
MODEL FORM FOR IDEAS COMPETITION
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MODEL FORM FOR IDEAS COMPETITION ARCHITECTURAL COMPETITION FOR................................... 1.00 GENERAL RULES INVITATION 1.1 The promoter..................... (inset name of the promoter) has decided to promote an Ideas Competition and invites Architects/Students to submit designs in competition for...............................(insert the name of the project) in accordance with the conditions and instructions set out below. The competition is promoted as an exercise in design/or planning, to draw attention to..................................(describe the purpose of the competition) and to assist the community by facilitating further research and thought into the problem. The qualification and title of the Partner who is responsible for the business of the firm, only need 1 be stated in the registration form. APPROVAL OF CONDITIONS 1.4 This competition will be conducted in accordance with the guidelines of the Council of Architecture, which also apply in case of points which have not been specifically covered by these conditions. ENTERING IN THE COMPETITION 1.9 The competition conditions and registration form are available on written application from……….….(name of the promoter and his address).
BOARD OF ASSESSORS
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BOARD OF ASSESSORS 1.11 The following members have been appointed on the Board of Assessors to advise on the conduct of the competition, adjudicate on the designs submitted and make the award. (State below name, title and designation of each Assessor) 1. APPOINTMENT OF TECHNICAL ADVISERS 1.12 If necessary the Board of Assessors may consult Technical Adviser appointed by the Senior Architect Assessor/Board of Assessors. PRIZES AND MENTIONS 1.13 The promoter undertakes to accept the decisions and the awards of the Board of Assessors and within 3 months of the date thereof to pay the following prizes: 1. The promoter has also set aside an additional sum of Rs…................................ for further awards for mentions to be allotted at the discretion of the Board of Assessors. ANONYMITY 1.14 Anonymity will be strictly observed at all stages of the competition by the competitors, by the Board of Assessors, by the Promoter and by all those concerned with the competition. Each competitor must be prepared to satisfy the Board of Assessors that he is the bonafide author of the design he has submitted.
INSURANCE OF COMPETITION DESIGN
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INSURANCE OF COMPETITION DESIGN 1.23 Each competitor is responsible for insuring his entry against loss, damage or non-delivery upto the time of its receipt by the promoter at the address given in 1.9. This sum will also cover expenses to return of the design to the competitor. No member of the Board or Technical Adviser or member of the promoter’s staff or competition secretariat may disclose any details of the competitions, deliberations or decisions. 1.28 The promoter will announce the award of the competition not later than two weeks after the judging has been complete. If the competitor disregards any of the conditions of the competition. TERMINATION OF THE COMPETITION 1.31 If against all expectations entertained by the promoter, the result of the competition is such that none of the participants could be declared by the Assessor as the winner of the competition, competition could be regarded as terminated and the promoter will on the advice of the Board of Assessors award the second, third and the additional prizes to the entries selected by the Board.
SETTLEMENT OF DISPUTES
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SETTLEMENT OF DISPUTES 1.42 In the event of dispute not related to the judging procedure or the award of he Board of Assessors, the settlement will be by arbitration without recourse to the legal authorities. COMPETITION TABLE 1.43 The competition will be run in accordance with the following time table: Competition conditions will be made available by the promoter ……………………….................... (indicate date) Last date for registration ..................………………………..(indicate date) Last date for return of competition conditions for refunding registration fee …………… ................................. .(indicate date) Last date of receipt of questions by the promoter ……………….................. ………..(indicate date) Last date for despatch of answers to questions to the competitor .................................................... (indicate date) Last date for despatch of competition entries by post or delivery of entries to the promoter by hand .................................................... (indicate date) Last date for receipt of entries by post or through forwarding Agent by the promoter ................................................... .(indicate date) Judging dates ................................................... (indicate date) ......................................................to…………… …… Intimation to each competitor of the awards of the Board of Assessors and publication of the awards ………………….. ......................... (indicate date) 2.00 Explanatory Note of the promoter, purpose and intent of the project 3.00 Information of General Nature 3.1 Economical Aspect 3.2 Social and Cultural Aspect 3.3 Climate 3.4 Physical Aspect and Description of the site 3.5 Etc. 4.00 Programme of Requirements 5.00 Drawings and Documents to be submitted by Competitors 5.1 Site plan and Location plan 5.2 Sketch design drawings 5.3 Prespective view (model if necessary) 5.4 Etc. 6.00 Annexures 6.1 Registration Form 6.2 Competitors' Question Form (No.1) 6.3 Competitors' Question Envelope (No.1) 6.4 Label(s) (No.2) 6.5 Declaration/Proof of Identity Form (No.3) 6.6 Declaration/Proof of Identity Envelope (No.3) 6.7 Loation Plan 6.8 Site Plan 6.9 Photographs of surrounding area and site 6.10 Letter type and size for code number
Competitors’ Questions (No.1) (if applicable see 1.15)
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1 Competitors’ Questions (No.1) (if applicable see 1.15) Competitors may submit questions so as to reach the promoter PIR (indicate address) not later than. (indicate date). Questions should be in block letters or typewritten. Question No.1 Question No.2 Question No.3 Question No.4 Question No.5 Address to which answers should be sent कि Title of competition TN 90
Envelope
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Envelope (No.1) COMPETITOR'S QUESTIONS (NO.1) The Promoter Title of the competition Address Label for Despatch (No.2) The Promoter Title of the competition Address
DECLARATION / PROOF OF IDENTITY FORM
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No.3 DECLARATION / PROOF OF IDENTITY FORM Registration No FE (Council of Architecture) OR Name of Educational Institution Year of study Name and Address Competitors 1 2. In case of entry by an individual architect or a firm of Architects or a team of Architects, the first name shall be of the leader." 1. Amended by the Council of Architecture at its 38" meeting held on 26" & 27" July, 2001 92
Declaration (To be signed by competitors i.e. individual Architect or all partners of a firm of Architects or all members
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Declaration (To be signed by competitors i.e. individual Architect or all partners of a firm of Architects or all members 1 of a team of Architect). I/We declare that the design is my/our work and that the drawings have been prepared by myself/ourselves or in my/our office under my/our supervision. I/We have complied with and accept all regulations and conditions which apply to the competition and accept the decision of the Board of Assessors. Signature 1 2 3 4 Date: ............................... (Note: This form is to be completed, signed and placed in the official envelope provided, which is then sealed and placed in the packet containing the competition entries. Put the six-digit number only on the right corner of the envelope.) Title of the competition th th th 1. Amended by the Council of Architecture at its 38 meeting held on 26 & 27 July, 2001.
Envelope
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Envelope (No.3) DECLARATION / PROOF OF IDENTITY FORM (NO.3) COMPETITOR'S IDENTITY NUMBER SE —— Promoter's Code Number (if given) SE In the event the design submitted under the above number NOT receiving an award the author(s) may remain anonymous by placing a 'X' in the box below.
MODEL FORM FOR SINGLE STAGE OPEN COMPETITION
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MODEL FORM FOR SINGLE STAGE OPEN COMPETITION ARCHITECTURAL COMPETITION FOR …………………………. 1.00 GENERAL RULES INVITATION 1.1 The promoter……….................(insert name of the promoter) has decided to promote an architectural competition and invite Architects to submit design in a single stage competition for…….................(insert the name of the project) which is proposed to be built on a site at……...................(indicate the location of the site) and admeasuring (area) ............................. OBJECTS AND NATURE OF THE COMPETITION 1.2 The object of the competition is to obtain design for………...........................…(insert name of the project) in accordance with which after further elaboration this project will be developed. The qualification and title of the Partner who is responsible for the business of the firm only need to 1 the stated with registration form. APPROVAL OF CONDITIONS 1.4 This competition will be conducted in accordance with the Guidelines of the Council of Architecture, which also apply in case of points which have not been specifically covered by these conditions. ENTERING IN THE COMPETITION 1.8 The competition conditions and registration form are available on written application from……………………….(name of the promoter and his address).
BOARD OF ASSESSORS
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BOARD OF ASSESSORS 1.10 The following members have been appointed on the Board of Assessors to advise on the conduct of the competition, adjudicate on the designs submitted and make the award. (State below name, title and designation of each Assessor) 1. APPOINTMENT OF TECHNICAL ADVISERS 1.11 If necessary the Board of Assessors may consult Technical Adviser appointed by the Senior Architect/Assessor/Board of Assessors. PRIZES AND MENTIONS 1.12 The promoter shall accept the decisions and the awards of the Board of Assessors and within 3 months of the date thereof pay the following prizes: 1. The promoter has also set aside an additional sum of Rs…........................for further awards for mentions to be allotted at the discretion of the board of Assessors. 1.16 If in the opinion of the Board of Assessors the winner of the competition does not have adequate experience commensurate with the importance, complexity or magnitude of the project he may be required to associate with an individual architect or an architectural firm who in the opinion of the Board of Assessors would have the requisite experience. ANONYMITY 1.20 Anonymity will be strictly observed at all stages of the competition by the Competitors, by the Board of Assessors, by the Promoter and by all those concerned with the competition.
QUESTIONS AND ANSWERS
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QUESTIONS AND ANSWERS 1.21 Competitions' questions must be written on the form provided (No. 1) (attach additional plain sheets for more questions) and sent to ……..........…… (name and address of the Promoter) to reach not later than………................……….(indicate date). An explanatory memorandum dealing with the questions submitted will be dispatched to all the competitors not later than ………...............…….. (indicate date) and will form part of the conditions and instructions of the competition. SUBMISSION OF DESIGNS 1.22 Submission of design implies acceptance of the competition conditions. Competitors are advised to retain copies of the design submitted. 1.23 All plans and accompanying documents and envelopes comprising a competition entry must bear on the top right hand a 1 cm. high six digit number of competitions' choice.
TERMINATION OF THE COMPETITION
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TERMINATION OF THE COMPETITION 1.37 If against all expectations entertained by the promoter the result of the competition is such that none of the participants could be declared by the Assessor as the winner of the competition, competition could be regarded as terminated and the promoter will on the advise of the Board of Assessors award the second, third and the additional prizes to the entries selected by the Board. ANNOUNCEMENT OF AWARD AND EXHIBITION 1.38 The promoter will publish the award of the Board of Assessors and inform the Council of Architecture after having first informed the authors of the prize winning and premiated designs individually. 1.39 All designs including those disqualified by the Board of Assessors will be exhibited from……........................…(indicate date) to….....................(indicate date) at…..............................……….(indicate address) together with the copy of the signed report of the Board of Assessors. The above dates of the exhibition will also be conveyed individually to all competitors in advance. 1.40 Names of all competitors will be displayed at the exhibition. COMPETITION TABLE 1.49 The competition will be run in accordance with the following time table: Competition conditions will be made available by the promoter ........................................... (indicate date) Last date for registration ........................................... (indicate date) Last date for return of competition conditions for refunding registration fee ........................................... (indicate date) Last date of receipt of questions by the promoter ........................................... (indicate date) Last date for despatch of answers to questions to the competitor ........................................... (indicate date) Last date for despatch of competition entries by post or through forwarding agent or delivery of entries to the promoter by hand ........................................... (indicate date) Last date for receipt of entries by post or through forwarding agent by the promoter ........................................... (indicate date) Judging dates ........................................... (indicate date) to ........................................ (indicate date) Intimation to each competitor of the awards of the Board of Assessors and publication of the awards ........................................... (indicate date)
2.00 Explanatory Note of the promoter, purpose and intent of the project
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2.00 Explanatory Note of the promoter, purpose and intent of the project 3.00 Information of General Nature 3.1 Economical Aspect 3.2 Social and Cultural Aspect 3.3 Climate 3.4 Physical Aspect and Description of the site 3.5 Etc. 4.00 Programme of Requirements 5.00 Drawings and Documents to be submitted by competitors 5.1 Site plan and Location plan 5.2 Sketch design drawings 5.3 Perspective view (model if necessary) 5.4 Etc. 6.00 Annexures 6.1 Registration Form 6.2 Competitors' Question Form (No.1) 6.3 Competitors' Question Envelope (No.1) 6.4 Label(s) (No.2) 6.5 Declaration / Proof of Identity Form (No.3) 6.6 Declaration / Proof of Identity Envelope (No.3) 6.7 Location plan 6.8 Site plan 6.9 Photographs of surrounding area and site 6.10 Letter type and size for code number
Competitors’ Questions (No.1) (if applicable see 1.15)
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No.1 Competitors’ Questions (No.1) (if applicable see 1.15) Competitors may submit questions so as to reach the promoter FN 1 address) not later than, (indicate date). Questions should be in block letters or typewritten. Question No.1 Question No.2 Question No.3 Question No.4 Question No.5 Address to which answers should be sent लि Title of competition JE - 100
Envelope
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Envelope (No.1) COMPETITOR'S QUESTIONS (NO.1) The Promoter Title of the competition Address Label for Despatch (No.2) The Promoter Title of the competition Address
DECLARATION / PROOF OF IDENTITY FORM
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No.3 DECLARATION / PROOF OF IDENTITY FORM Registration No SR (Council of Architecture) OR Name of Educational Institution Year of study Name and Address Competitors 1 2. In case of entry by an individual architect or a firm of Architects or a team of Architects, the first name shall be of the leader." 1. Amended by the Council of Architecture at its 38" meeting held on 26" & 27" July, 2001 102
Declaration (To be signed by Competitors i.e. individual Architect or all partners of a firm of Architects or all
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3 Declaration (To be signed by Competitors i.e. individual Architect or all partners of a firm of Architects or all 1 members of a team of Architects. ) I/We declare that the design is my/our work and that the drawings have been prepared by myself/ourselves or in my/our office under my/our supervision. I/We have complied with and accept all regulations and conditions which apply to the competition and accept the decision of the Board of Assessors. Signature 1 2 3 4 Date:.................................. (Note: This form is to be completed, signed and placed in the official envelope provided, which is then sealed and placed in the packet containing the competition entries. Put the six-digit number only on the right corner of the envelope.) Title of the Competition th th th 1. Amended by the Council of Architecture at its 38 meeting held on 26 & 27 July, 2001.
Envelope
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3) DECLARATION/PROOF OF IDENTITY FORM (NO.3) COMPETITOR'S IDENTITY NUMBER SSN Promoter's Code Number (if given) In the event the design submitted under the above number NOT receiving an award the author(s) may remain anonymous by placing a 'X' in the box below.
MODEL FORM FOR TWO STAGE OPEN COMPETITION
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MODEL FORM FOR TWO STAGE OPEN COMPETITION ARCHITECTURAL COMPETITION FOR …………………………. 1.00 GENERAL RULES INVITATION 1.1 The promoter…............……(insert name of the promoter) has decided to promote an architectural competition and invite Architects to submit design in a two stage competition for…..................…(insert the name of the project) which is proposed to be built on a site at….....................…..(indicate the location of the site) and admeasuring (area)............................. OBJECTS AND NATURE OF THE COMPETITION 1.2 The object of the competition is to obtain design in two stages for…...........………(insert the name of the project) in accordance with witch after further elaboration this project will be developed. The qualifications 1 and title of the Partner who is responsible for the business of the firm, only need be stated in the registration form. APPROVAL OF CONDITIONS 1.4 This competition will be conducted in accordance with the guidelines of the Council of Architecture, which also apply in case of points which have not been specifically covered by these conditions. ENTERING IN THE COMPETITION 1.8 The competition conditions and registration form are available on written application from……………………….(name of the promoter and his address).
PROFESSIONAL ADVISER
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The promoter has appointed………………………….(indicate name, title and address) as Professional Adviser to supervise the conduct of the competition and assist in the preparation of the conditions. He will assist the Board of Assessors and will be present during its deliberations, but will have no vote. APPOINTMENT OF TECHNICAL ADVISERS 1.12 If necessary the Board of Assessors may consult Technical Adviser appointed by the Senior Architect Assessor/Board of Assessors. Technical Adviser may be consulted on any aspect of the competition and he may be asked to be present during the judging to give advice on entries when he is invited to do so but he shall not take part in the judging process. 1.15 As soon as possible and within a reasonable time the Promoter shall confirm in writing the appointment of the winner of the competition (subject to 1.17 if applicable) as the architect in accordance with the "Conditions of Engagement and Scale of Professional Fees and Charges' of the Council of Architecture. 1.20 If, however the project is called off or cancelled after the winner of the competition has been appointed as architect and he has rendered further services towards the implementation of the project, he shall be paid as per 1.19 or as per the Conditions of Engagement and Scale of Professional Fees and Charges' of the Council of Architecture whichever is more.
QUESTIONS AND ANSWERS
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QUESTIONS AND ANSWERS 1.22 Competitions' questions must be written on the form provided (No. 1) (attach additional plain sheets for more questions) and sent to ……..............…… (name and address of the Promoter or Professional Adviser if appointed to reach not later than)…………............…….(indicate date). An explanatory memorandum dealing with the questions submitted will be dispatched to all the competitors not later than ……………............. (indicate date) and will form part of the conditions and instructions of the competition. 1.23 No questions will be permitted in the second stage. SUBMISSION OF DESIGNS 1.24 These instruction in regard to the submission of designs will apply equally to both stages. Submission of design implies acceptance of the competition conditions.
INSTRUCTIONS TO SECOND STAGE COMPETITORS
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INSTRUCTIONS TO SECOND STAGE COMPETITORS 1.39 Supplementary instructions approved by the Board of Assessors will be issued by the Professional Adviser to all competitors selected to proceed to the second stage. These instructions will conform in outline to the present conditions but may include a more detailed specification of the accommodation, larger scale drawings to be prepared by the competitors, and any additional details which may appear necessary from the findings of the first stage. JUDGING PROCEDURE (Second Stage) 1.40 The promoter will announce the award of the competition not later than two weeks after the judging has been complete. If the competitor attempts to influence any member of the Board of Assessors and/or discloses his identity any time during the first stage and second stage. TERMINATION OF THE COMPETITION 1.43 If against all expectations entertained by the promoter the result of the competitions is such that none of the participants could be selected by the Assessor for the second stage, the competition could be regarded as terminated and the Board of Assessors will select for the first stage entries design for the award of the second, third and additional prizes. The above dates of the exhibition will also be conveyed individually to all competitors in advance.
COMPETITION TABLE
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COMPETITION TABLE 1.55 The competition will be run in accordance with the following time table: Competition conditions will be made available by the promoter .................................................... (indicate date) Last date for registration .................................................... (indicate date) Last date for return of competition conditions for refunding registration fee .................................................... (indicate date) Last date of receipt of questions by the promoter .................................................... (indicate date) Last date for despatch of answers to questions to the competitor .................................................... (indicate date) Last date for despatch of competition entries in First stage by post or through forwarding agent or delivery of entries to the promoter by hand .................................................... (indicate date) Last date for receipt of entries in first stage by post or through forwarding agent by the promoter .................................................... (indicate date) Judging dates for First Stage .................................................... (indicate date) to ................................................. Instructions to be issued to praticipants selected for the second stage not later than .................................................... (indicate date) 2.00 Explanatory Note of the Promoter, Purpose and intent of the project 3.00 Information of General Nature 3.1 Economical Aspect 3.2 Social and Cultural Aspect 3.3 Climate 3.4 Physical Aspect and description of the site 3.5 Etc. 4.00 Programme of Requirements 5.00 Drawings and Documents to be submitted by Competitors 5.1 Site plan and Location plan 5.2 Sketch design drawings 5.3 Perspective view (model if necessary) 5.4 Etc. 6.00 Annexures 6.1 Registration Form 6.2 Competitors' Question Form (No.1) 6.3 Competitors' Questions Envelope (No.1) 6.4 Label (No.2) 6.5 Declaration/proof of Identity Form (No.3) 6.6 Declaration/proof of Identity Envelope (No.3) 6.7 Location plan 6.8 Site plan 6.9 Photographs of surrounding area and site 6.10 Letter type and size for code number No.
Competitors Questions (No.1) (if applicable see 1.15)
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Competitors Questions (No.1) (if applicable see 1.15) Competitors may submit questions so as to reach the promoter at. (indicate address) not later than.............. (indicate date). Questions should be in capital letters or typewritten. Question No.1 Question No.2 Question No.3 Question No.4 Question No.5 Address to which answers should be sent ee Title of competition 110
Envelope
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Envelope (No.1) COMPETITOR'S QUESTIONS (NO.1) The Promoter Title of the Competition Address Label for Despatch (No.2) The Promoter Title of the Competition Address
DECLARATION / PROOF OF IDENTITY FORM
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DECLARATION / PROOF OF IDENTITY FORM Registration No SE (Council of Architecture) OR Name of Educational Institution Year of study BSS Name and address Competitors 1 2. In case of entry by an individual architect or a firm of Architects or a team of Architects, the first name shall be of the leader." 1. Amended by the Council of Architecture at its 38" meeting held on 26" & 27" July, 2001 112
Declaration (To be signed by Competitors i.e. individual Architect or all partners of a firm of Architects or all members of a team of
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3 Declaration (To be signed by Competitors i.e. individual Architect or all partners of a firm of Architects or all members of a team of 1 Architects. ) I/We declare that the design is my/our work and that the drawings have been prepared by myself/ourselves or in my/our office under my/our supervision. I/We have complied with and accept all regulations and conditions which apply to the competition and accept the decision of the Board of Assessors. Date:.................................. (Note: This form is to be completed, signed and placed in the official envelope provided, which is then sealed and placed in the packet containing the competition entries. Put the six-digit number only on the right corner of the envelope). Title of the Competition th th th 1. Amended by the Council of Architecture at its 38 meeting held on 26 & 27 July, 2001.
Envelope
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3) DECLARATION / PROOF OF IDENTITY FORM (NO.3) COMPETITOR'S IDENTITY NUMBER Promoter's Code Number (f given) In the event the design submitted under the above number NOT receiving an award the author(s) may remain anonymous by placing a 'X' in the box below.
SCHEDULE 1
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PROJECT AND IDEAS COMPETITIONS Competitions may be either "Projects" or "Ideas" competitions or in certain circumstances a combination of both. The aim of a Project competition is to find the best solution for an actual building project and to appoint its author to carry out the commission. Competitions of Ideas are set as an exercise to elucidate certain aspects of architectural and town planning problems. The winner of such a competition may not be commissioned to carry out the project, and hence students of architecture may participate at the discretion of the promoter. CLASSIFICATION OF COMPETITIONS (I) OPEN COMPETITIONS Competitions in which all Architects are invited to participate through an announcement by advertisements in suitable media and through circulars which may be issued by the promoters. Open competitions for projects estimated at less than Rs.
SCHEDULE 2
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Members of the Board of Assessors shall be the same for first stage and second stage of the competition. The designs submitted for both the first stage and the second stage shall be exhibited and/or published only after the final award of the second stage competition. If any design selected for the second stage is published or exhibited before the final award of the second stage has been declared, it will be disqualified. Two stage competitions are recommended for town planning and for large scale or complex project. SCHEDULE 2 ADVISERS (I) TECHNICAL ADVISER Where appropriate and necessary the promoter shall in consultation with the Senior Architect Assessor/Board of Assessors appoint one or more technical advisers to assist in the preparation of the brief for the competition project and to advise the Board of Assessors, only when called upon to do so, on the competition design entries. SCHEDULE 3 CONDITIONS FOR CONDUCTING ARCHITECTURAL COMPETITIONS Careful preparation of the competition conditions including schedule of requirement shall be of primary importance for the success of the competition and as such adequate time shall be allowed for this phase of the competition.
iii. The conditions shall clearly indicate which of the requirements are mandatory and which could be freely interpreted by the
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The conditions shall clearly indicate which of the requirements are mandatory and which could be freely interpreted by the competitor. Draft of the conditions of competitions approved as per (i) above shall be submitted to the Council of Architecture for information before publication and issue to the competitors. vi. The conditions of the competition shall indicate the promoter's priorities with reference to the solution of the problem (e.g. functional aspects, economy of construction or in use, solution to technical or circulation problems etc). vii. The Board of Assessors must make awards which shall be final and binding and shall be made public by a date stated in the conditions. xii. In this procedure the Board of Assessors shall select not more than three designs which in their opinion are of equal merit and the selection of the winning design from the designs so selected by the Assessors could be made by the promoter. This sum which is intended to be reimbursed to them for the additional work carried out in the second stage shall be stated in the conditions for the competition.
7. COMPETITION TIME TABLE
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The notice of competition shall clearly indicate the last date for application for the competition conditions and the last date for submission of the design drawings. ii. The conditions of the competition shall clearly indicate: The last date for submission of questions. Sufficient time shall be allowed for transport, more particularly for open competitions where the competitors will be from all over the country. In case of late delivery of the entry despatched before the last date for despatch, it will be the responsibility of the Board of Assessors to decide whether the entry was despatched in accordance with the competition time table and if circumstances can permit its admission for judging. iii. The competition time table shall under no circumstances be shortened. iv. The Board of Assessors shall decide upon the judging dates at the early stage of the competition and the date of announcement of the awards shall also be included in the conditions of the competition.
SCHEDULE 4
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The promoter shall notify all the competitors and shall also announce in suitable media the days and place of the public exhibition of the competition. iii. The promoters shall submit to the Council of Architecture a copy of the signed report of the jury and if requested photographs of the premiated designs for possible publication. RETURN OF DESIGN DRAWINGS All drawings, plans, models etc. submitted by the competitor except those of the winning design shall be returned by the promoter at the end of the public exhibition at his own cost. The drawings, plans, models of the winning design shall be returned to its author on being appointed as the Architect for the Project or after six months from the date of announcement of the award by the Board of Assessors whichever is early. The Board of Assessors shall be set up before the promotion of the competition. Their names and those of the reserve members of the board, if any shall be stated in the competition conditions.
SCHEDULE 5
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SCHEDULE 5 PRIZES AND HONORARIA ARCHITECTURAL COMPETITION GUIDELINES Award Project upto Project with built-up Project with built-up Project with built-up area area above 5000 Sq.m. area above 10,000 Sq.m. built-up area above 5000 Sq.m. and upto 10,000 Sq.m. and upto 25,000 Sq.m. 25,000 Sq.m. (Rs.) (Rs.) (Rs.) (Rs.) 1. First prize (To be adjusted 125M 250 M 500 M 1000M in professional fees) ii. Second prize 75 M 150 M 300 M 600 M iii. Third prize 50 M 100 M 200 M 400 M iv. LIMITED COMPETITION Minimum honoraria to be 50 M 100 M 200 M 300 M paid to each competitor Note : The current value of M is 1000 SCHEDULE 6 COST OF CONDUCTING ARCHITECTURAL COMPETITIONS Description Project with built-up area upto 10,000 Sq.m.
IMPORTANT NOTIFICATIONS BY CENTRAL GOVERNMENT
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IMPORTANT NOTIFICATIONS BY CENTRAL GOVERNMENT No.F.18-22/72-T-2 Government of India Ministry of Education & Social Welfare Department of Education New Delhi- 110001, dated the 11th September, 1973 OFFICE MEMORANDUM Subject : Recognition of Technical and Professional Qualifications The undersigned is directed to state that "The Architects Act, 1972" providing for the registration of Architects and for matters connected therewith has come into force with effect from the 1st September, 1972. The Government Diploma in Architecture awarded by the Government of Maharashtra (or the former Government of Bombay) and (ii) Diploma in Architecture of Kalabhavan Technical Institute, Baroda, are included in the Schedule to the Act. The Government of Maharashtra (or the former Government of Bombay) was offering a scheme of Government Diploma in Architecture (G.D. In view of the Architects Act, 1972 coming into force and in view of the fact that (i) Government Diploma in Architecture awarded by the Government of Maharashtra (or the former Government of Bombay) and (ii) Diploma in Architecture of Kalabhavan Technical Institute, Baroda, have been included in the Schedule to the Act, the recognition of these Diplomas for the purposes of recruitment to superior posts and services under the Central Government was re-considered by the Board of Assessment for Technical and Professional qualifications at its meeting held on the 15th December, 1972. Degree of a recognised Indian University for the purposes of recruitment to superior posts and services under the Central Government in the field of architecture. The Government Diploma in Architecture awarded by the Government of Maharashtra according to the revised scheme of the course, therefore. stands automatically recognised for the purposes of recruitment to superior posts and services under the Central Government in the field of architecture and no formal order recognising this Diploma is necessary by the Government.
NOTIFICATION (37)
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Government of India Ministry of Education and Culture (Department of Education) New Delhi, the 5th August, 1992 NOTIFICATION (37) F.No. On the recommendations of the Board of Assessment for Educational Qualifications, the Government of India have decided to recognise the Associate Membership of the Indian Institute of Architects (By Examination) at par with a Bachelor's Degree in Architecture of a recognised Indian University for the purpose of employment to posts and services under the Central Government in the appropriate field. Sd/- (Vijay Bharat) Deputy Education Adviser (Tech) Government of India Ministry of Human Resource Development (Department of Education) New Delhi, the 10-4-1996 NOTIFICATION (51 ) No.F.8-17/95-TS.IV .On the recommendations of the Board of Assessment for Educational Qualifications, the Govt. of India have decided to extend the provisional recognition of the Diploma in Architecture awarded by the Institute of Environmental Design, Vallabh Vidyanagar, to the students trained at D.C. Patel School of Architecture, at par with a degree in Architecture for the purpose of employment to posts and services under the Central Government in the appropriate field, till the date, the course has approval of All India Council for Technical Education, New Delhi. Sd/- (Vijay Bharat) Director (T)No.F.17-9/81-T.3 Government of India Ministry of Education & Culture (Deptt. Of Education) T-3 Section New Delhi, the 19th February, 1982 To, Chief Secretaries of State Government Subject: Enforcement of the Architects Act, 1972, issue of Licences by local authorities -regarding Sir, As you are aware, the Govt. of India, with the concurrence of the State Governments, enacted the Architects Act, 1972 for the registration of Architects and for matters connected therewith.
4. We shall, therefore, be grateful if you could kindly arrange to issue necessary directions in terms of the
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We shall, therefore, be grateful if you could kindly arrange to issue necessary directions in terms of the provision of the Architects Act, 1972 which has become a statutory legislation to all the Municipal Corporations/Municipalities/Improvement Trusts etc. under your control who are concerned with the issue of licences to persons to function as "architects" under their jurisdiction to see that only persons registered with the Council of Architecture under the Architects Act, 1972 are issued licences to act as architects and bring to their notice also that any contravention of the rules framed under the Act will not be legally sustainable and will attract punishment as stipulated. The Council of Architecture, 8-B, Shankar Market, Connaught Circus, New Delhi -110001 will be in a position to give any further information that is desired. JHA) Educational Adviser (TECH.) Tele. No.381096 Copy to: The President This refers to his letters Council of Architecture, dated 29.8.81 and 17.2.1982 8-B, Shankar Market, Connaught Circus, NEW DELHI -1 sd/- (S.D. 13 dated 19th Feb., 1982 (Copy enclosed) wherein, to safeguard the provisions of the Architects Act, all the State Governments were requested to issue instructions to all Municipal Corporations/Municipalities/Improvement Trusts etc. under their control to issue licences only to those Architects who were registered with the Council of Architecture. In view of the above, you arc requested to advise all the local bodies viz.
The Chief Architect, Haryana
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Section 28 — 3-98 A copy alongwith copy of memo dated 19/6/97 is forwarded to the Chief Architect, Haryana, Department of Architecture, SCO No
From The Chief Architect, Haryana Department of Architecture S.C.O. Sd/- Superintendent (Estt.) For Chief Architect, Haryana Deptt. of Architecture Chandigarh From The Chief Administrator Haryana Urban Develoment Authority Sector 6, Panchkula To 1. Sd/- Administrative Officer for Chief Administrator, HUDA Endst. 28-3-98 A copy alongwith copy of memo dated 19/6/97 is forwarded to the Chief Architect, Haryana, Department of Architecture, SCO No.44 Sector-17A, Chandigarh for information with reference to his memo No. Sd/- Administrative Officer For Chief Administrator, HUDA From The Chief Administrator Haryana Urban Development Authority Sector-6, Panchkula To The Administrator HUDA, Gurgaon Memo No. Sd/- Administrative Officer for Chief Administrator, HUDA
la[;k 1699@9&vk&3&1999
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la[;k 1699@9&vk&3&1999 izs’kd] Jh vrqy dqekj xqIrk lfpo] mÙkj izns”k ’kklu lsok esa] mik/;{k fodkl izkf/kdj.k] eqt¶Qjuxj vkokl vuqHkkx&3 y[kuÅ% fnukad 18 vxLr] 1999 fo"k;% vkfdZVsDV ,DV&1972 ds izkfo/kkuksa dks ykxw fd;k tkukA egksn; iz”kklfud vf/kdkjh] dkmfUly vkQ vkfdZVsDpj }kjk “kklu ds laKku esa yk;k x;k gS fd eqt¶Qjuxj fodkl izkf/kdj.k {ks= esa dfri; O;fDr;ksa }kjk vuf/kÑr rjhds ls vkfdZVsDV ds :i esa dk;Z fd;k tk jgk gS tksfd vuqfpr gSA mUgksaus vuqjks/k fd;k gS fd tulk/kkj.k ds fgrksa dh lqj{kk rFkk vkfdZVsDpj izksQslu ds laj{k.k gsrq bl ij rRdky izfrcU/k yxk;k tkuk vko”;d gSA 2- bl lEcU/k esa eq>s ;g dgus dk funs”k gqvk gS fd vkfdZVsDV ,DV&1972 ,d dsUnzh; dkuwu gS rFkk Hkkjr ljdkj ds xtV uksVhfQds”ku ds fnukad ¼31 ebZ] 1972½ ls lEiw.kZ Hkkjro’kZ esa izHkkoh gSA bl vf/kfu;e dh /kkjk&3 ds vUrxZr dkmfUly vkQ vkdhZVsDpj dk xBu fd;k x;k gS rFkk /kkjk&37 ds izkfo/kkuksa ds varxZr dkmfUly vkQ vkfdZVsDpj ls jftLVMZ vkfdZVsDV ds vfrfjDr fdlh vU; O;fDr }kjk vkfdZVsDV ds VkbZfVy ds lkFk dk;Z djus ij iw.kZ izfrcU/k gSA vf/kfu;e dh /kkjk&39 ds varxZr ,slk djuk ,d n.Muh; vijk/k Hkh gSA blds vfrfjDr dkmfUly vkQ vkfdZVsDV ls jftLVMZ vkfdZVsDV dks lEiw.kZ Hkkjro’kZ esa vkfdZVsDV ds :i esa dk;Z djus ds fy, fdlh vU; Lrj ij jftLVsª”ku djkus vFkok ykbZlsUl ysus dh Hkh vko”;drk ugh gSA 3- Ñi;k vius izkf/kdj.k {ks= esa vkfdZVsDV ,DV 1972 ds izkfo/kkuksa dks izHkkoh <ax ls ykxw djk,a rFkk vuf/kÑr :i ls vkfdZVsDV ds :i esa izSfDVl dj jgs O;fDr;ksa ds fo:) rRdky vko”;d dk;Zokgh djus dk d’V djsaA Ñr dk;Zokgh ls “kklu dks Hkh voxr djk,aA Hkonh; Sd/- ¼vrqy dqekj xqIrk½ lfpo la[;k 1699 ¼1½@9&vk&3&1999 rn~fnukad izfrfyfi fuEufyf[kr dks lwpukFkZ ,oa vko”;d dk;Zokgh gsrq izsf’kr%& 1- Jh ds0 xksiky Ñ’.k HkV~V] iz”kklfud vf/kdkjh] dkmfUly vkQ vkfdZVsDVpj] bf.M;k gSohVkV lsUVj] 6&,] izFke ry] yksnh jksM] ubZ fnYyh dks muds i=kad lh-,-@28@99@,-bZ- fnukad 27-3-99 tks eq[; lfpo] m0 iz0 “kklu dks lEcksf/kr gS] ds lanHkZ esaA 2- LVkQ vkfQlj] eq[; lfpo] mÙkj izns”k “kkluA 3- vkokl vk;qDr] vkokl ,oa fodkl ifj’kn] mÙkj izns”k] y[kuÅA 4- mik/;{k] leLr fodkl izkf/kdj.k] mÙkj izns”kA 5- izslhMsUV] ;w0ih0 pSIVj] bf.M;u bULVhV~;wV vkQ vkdhZVsDV] 58 gtjrxat] y[kuÅA vkKk ls] Sd/- ¼;Kohj flag pkSgku½ fo”ks’k lfpo
TRANSLATED VERSION
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TRANSLATED VERSION No.1699/9-A-3-1999 From Shri Atul Kumar Gupta Secretary, Government of Uttar Pradesh. To, Vice-Chairman, Development Authority, Muzaffarnagar. Housing Section-3 Lucknow : Dated 18 August, 1999 Subject : Implementation of the provisions of the Architects Act, 1972 Sir, It has been brought to the notice of the Government by the Administrative Officer, Council of Architecture that some persons are practising as architects unauthorizedly within the area of Muzaffarnagar Development Authority, which is improper. He has requested that it is necessary to impose restriction on this forthwith to safeguard the public interests and the architectural profession. In this connection, I am directed to say that the Architects Act, 1972 is a Central Law and it is applicable throughout India as per Gazette Notification of Government of India, dated 31 May, 1972. Under Section 3 of the said Act, the Council of Architecture has been constituted and under the provisions of Section 37, it is totally prohibited for a person to practice as an architect except the person who is registered as an Architect with the Council of Architecture.
SURAT URBAN DEVELOPMENT AUTHORITY
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SURAT URBAN DEVELOPMENT AUTHORITY NO.SUDA/U-3/V-144-145/6533 Date : 30-10-1999 To Jt. Krishi Mangal Ring Road, Surat-395001 Subject : Implementation of provision of the Architect’s Act, 1972 Ref. : (1) Letter of CA dtd. 3-8-99 Sir, With reference to above subject, it has been brought to the notice of the authority that, the present provision in DCR, regarding Architect’s registration & registration fees for practising their profession as an architect, is contrary to the instructions of the nodal ministrary of COA. In this connection and to implement most effectively the provision of the Architect’s Act, 1972, authority has issued a “PARIPATRA” dtd. 12-10-99, regarding fact, that now onwards, it is not necessary for an architect, registered with COA, to get himself registered with authority and to obtain licence for practising as an architect in SUDA area. Yours faithfully Sd/- Chief Executive Authority Surat Urban Development Autho Encls : As above Surat
ih-lh- ’kekZ]
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la[;k 1113@u-fo-@vk-@2001&112¼vk½@2001 izs"kd] ih-lh- ’kekZ] lfpo] mÙkjkapyA lsok esa] 1- v/;{k fo”s"k {ks= fodkl izkf/kdj.k] nwu?kkVh@uSuhrky@xaxks=hA 2- mik/;{k fodkl izkf/kdj.k elwjh&nsgjknwu@gfj}kjA 3- fu;r izkf/kdkjh fofu;fer {ks=] :Mdh@cnzhukFk@vkSyh@dsnkjukFk@xksis’oj&peksyh@xkSpj@pkSiyk@ikSMh@mÙkjdk”kh@Jhuxj @u;k fVgjh@pdjkrk uohu½@fiFkkSjkx<+@dkSlkuh@gY}kuh&dkBxksnke@:nziqj@fdPNk@dk”khiqj@ jkeuxj@cktiqj vkokl ,oa “’kgjh fodkl nsgjknwu% fnukad 14 twu 2001 fo"k;% vkfdZVsDV ,DV&1972 ds izkfo/kkuksa dks ykxw fd;k tkukA egksn;]
ih-lh- ’kekZ]
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iz”kklfud vf/kdkjh] dkmfUly vkWQ vkfdZVsDpj }kjk “kklu ds laKku esa yk;k x;k gS fd mÙkjkapy jkT; esa dfri; O;fDr;ksa }kjk tks okLrqdkj gsrq vko”;d vgZrk;sa ugha j[krs gSa Nn~e :i ls okLrqdkj ds :i esa vius dks izkf/kdj.kksa rFkk fofu;fer {ks=ksa eas iathÑr djokdj dk;Z dj jgs gSa] tks fd vkfdVsDV~l ,DV 1972 dh /kkjk 37 ds izkfo/kkuksa ds fo:) gSA blls u dsoy okLrqdkjksa ds O;olk; cfYd Hkouksa ds fuekZ.k laca/kh lqj{kk rFkk fMtkbu ij Hkh izfrdwy izHkko iM+k gSA okLrqdkjksa ds O;olk; ds laj{k.k ,oa tulk/kkj.k ds fgrksa rFkk tkueky dh {kfr dh lqj{kk gsrq] bl ij rRdky izfrca/k yxk;s tkus gsrq muds }kjk vuqjks/k fd;k x;k gSA 2- bl laca/k esa eq>s ;g dgus dk funs” gqvk gS fd vkfdZVsDV~l ,DV 1972 ,d dsUnzh; dkuwu gS rFkk Hkkjr ljdkj ds xtV uksfVfQds”ku la[;k 229 fnukad 1 flrEcj] 1972 ls lEiw.kZ Hkkjro"kZ esa izHkkoh gSA bl vf/kfu;e dh /kkjk 3 ds varxZr dkmfUly vkWQ vkfdZVsDpj dk xBu fd;k x;k gS rFkk /kkjk 37 ds izkfo/kkuksa ds varxZr dkmfUly vkWQ vkfdZVsDpj ls jftLVMZ vkfdZVsDV ds vfrfjDr fdlh vU; O;fDr }kjk vkfdZVsDV ds VkbZfVy ds lkFk dk;Z djus ij iw.kZ izfrcU/k gSA vf/kfu;e dh /kkjk 36 ds varxZr ,slk djuk ,d n.Muh; vijk/k Hkh gSA blds vfrfjDr dkmfUly vkWQ vkfdZVsDpj ls iathÑr vkfdZVsDV dks lEiw.kZ Hkkjro’kZ esa vkfdZVsDV ds :i esa dk;Z djus ds fy;s fdlh vU; Lrj ij jftLVªslu djkus vFkok ykbZlsUl ysus dh Hkh vko”;drk ugha gS] ;fn mudk iathdj.k fu;fer :i ls uohuhdj.k gks jgk gksA 3- Ñi;k vius {ks= esa vki vkfdZVsDV~l ,DV] 1972 ds izko/kkuksa dks izHkkoh <ax ls ykxw djk;saA ;fn vkids vfHkdj.k esa dksbZ O;fDr tks dkmfUly vkWQ vkfdZVsDpj }kjk vkfdZVsDV ds :i esa iathÑr ugh gS rFkk mls bl iz;kstu gsrq ykbZlsUl fn;k x;k gS rks mldk ykbZlsUl rqjUr fujLr dj fn;k tk;sA vukf/kÑr :i ls vkfdZVsDV ds :i esa dk;Z dj jgs O;kfDr;ksa ds fo:) rqjUr vko”;d dk;Zokgh djds Ñr dk;Zokgh ls ’kklu dks Hkh voxr djk;saA Hkonh; ih-lh- ’kekZ] lfpo izfrfyfi fuEufyf[kr dks lwpukFkZ ,oa vko”;d dk;Zokgh gsrq izsf"kr% 1- Jh ds xksiky Ñ".k HkV~V] iz”kklfud vf/kdkjh] dkmfUly vkWQ vkfdZVsDpj] bf.M;k gSchVkV lsUVj] 6 , izFke ry] yks/kh jksM+] ubZ fnYyh dks muds i=kad lh0,0@28@2001@,bZ fnukad 04 vizSy] 2001 tks eq[; lfpo mÙkjkapy “’kklu] nsgjknwu dks lacksf/kr gS] ds lanHkZ esaA 2- LVkQ vkWfQlj] eq[; lfpo] mÙkjkapy “’kkluA 3- izeq[k lfpo ,oa vk;qDr] voLFkiuk] mÙkjkapy “’kkluA 4- izHkkjh vf/kdkjh uxj ,oa xzke fu;kstu foHkkx] mÙkjkapy] nsgjknwuA vkKk ls] Sd/- ¼ih-lh-’kekZ½ lfpo OFFICE OF THE ADMINISTRATOR HUDA, GURGAON To The Administrative Officer, Council of Architecture, India Habitat Centre, Core 6A, 1st Floor, Lodhi Road, New Delhi-110003. EA/8154 dt.: 25-9-01 Subject : Registration of Architects and renewal of licence by HUDA Ref. : Your office memo No. CA/28/2001 AE dated 12-7-2001 In this regard, it is intimated that as per instructions issued by the Chief Administrator, HUDA, Panchkula, No registration/renewal fees is being charged from Architects who are registered with Council of Architecture. This is for your kind information, please. Accounts Officer, For Administrator, HUDA, Gurgaon
GOVERNMENT OF ANDHRA PRADESH
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Office of the Deputy Commissioner, Service Tax Block No.11, 7th Floor, C.G.O. Complex, Lodhi Road, New Delhi-110003 C.No. CE/ST/ARCHITECT/AUDIT/2001/1269 Dated : 29 -8-2001 To The Administrative Officer, Council of Architect (India Habitat Centre), Core 6-A, 1st Floor, Lodhi Road, New Delhi-110003. Subject : Liability of payment of Service Tax - clarification - reg. Yours faithfully Sd/- Neeraj Kansal Deputy Commissioner Tele : 4364645 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Implementation of the Architects Act, 1972 (Central Act No.20 of 1972) in Andhra Pradesh – Instructions to Urban Development Authorities, Municipal Corporations and Municipalities - Orders-Issued. He also furnished a copy of the letter addressed by the Joint Educational advisor Government of India, Ministry of Education and Culture,
IMPORTANT CIRCULARS OF STATES/LOCAL SELF-GOVERNMENTS
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(Department of Education) dated 28th May, 1984 to all the Chief Secretaries of State Governments wherein he has requested to advise all the local bodies i.e., Municipal Corporations, Municipalities, Urban Development Authorities, not to insist further registration of fees from the Architects who already registered with the Council of Architecture. They have also submitted that inspite of the above position all the Municipalities and Municipal Corporations are insisting for separate registration/licence thereby causing hardship and imposing unnecessary restrictions. They have therefore requested to issue necessary instructions to Municipalities/Municipal Corporations/Urban Development Authorities in State. Government after careful examination of the matter hereby direct all the Municipalities, Municipal Corporations, and Urban Development Authorities in the State not to insist for separate registration of licence from the Architects registered with the Council of Architecture under the Architects Act, 1972 (Central Act. However the Architects shall submit the attested copy of the registration certificate along with the submitted plans. Hyd.) || FORWARDED BY ORDER || Sd/- Section Officer IMPORTANT CIRCULARS OF STATES/LOCAL SELF-GOVERNMENTS CORPORATION OF MADRAS Works Department Dated 23.2.1985 W.D.C.
PUBLIC ANNOUNCEMENTS
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MUNICIPAL CORPORATION OF GREATER BOMBAY No. MGC/B 8207 of 1.7.'85 CIRCULAR Sub : Granting of Surveyors' Licences A circular under No. CE/B/5594/11 in respect of granting surveyors' licences by charging fees and the qualifications prescribed for grant of such licences, was issued in the past. Subsequently it was decided to issue Surveyors' licences and charge nominal fee of Rs. Kanga Director (E.S. & P.) M.C.29.6.'85 PUBLIC ANNOUNCEMENTS RESTRICTION ON THE USE OF TITLE “ARCHITECT” The Vadodara Municipal Corporation has inserted an advertisement in “SANDESH” dated 17.06.1998, a daily newspaper published in Gujarati, in connection with the use of the title “Architect”. PUBLIC NOTICES The following public notices were published in the Indian Express, all India editions and the same are appended below:
Council of Architecture
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The Indian EXPRESS The Indian EXPRESS NEW DELHI SATURDAY JULY 15, 1995 NEW DELHI FRIDAY MAY 3, 2002 PUBLIC NOTICE FOR INFORMATION AND GUIDANCE Issued by Council of Architecture Cou (Constituted under The Architects Act, 1972) General ncil o Council of Architecture Council of Architecture ● The Council of Architecture is a statutory body constituted under an Act Architecture of Parliament (Central Act). (A statutory body consituted by Ministry of Human Resource Development, ● The Act Prohibits those persons not registered with the Council of Government of India, under the Architects Act, 1972) Architecture to use the Title and Style themselves as "Architect" with India Habitat Centre, Core 6-A, First Floor, Lodhi Road, New Delhi-110003. any prefix or suffix to their designation. Architects Act, 1972, no person other than a registered architect with the Council ● Misconduct, Violation, if proved, to the satisfaction of the Council after of Architecture, or a firm of architects shall use the title and style of Architect and holding the enquiry, the architect can be penallsed as prescribed. / or hold office as an Architect or carry out duties and functions of an Architect Architectural Education (by whatever name called) either in Government or in any other local body or ● The council is entrusted to ensure minimum standard of education Institution or in private organisation. including inspection of institutions and to recommend grant and withdrawal of recognition of insitutions. All such persons who are not registered with the Council of Architecture are hereby warned to stop using the title and style of architect and/or practising ● It should be noted that only those who possess recognised qualifications are entitled to the registration. architecture with immediate effect and any violation thereof shall attract penal action as provided under Section 37(2) of the Architects Act, 1972, which may ● Students/Parents/Guardians are advised and cautioned to seek admission for studies only in recognished institutions. List of amount to fine or imprisonment or with both. recognised Institutions is published separately for information and General Public, in their own interest, is hereby informed that only persons who guidance from time to time. are registered with the Council of Architecture are permitted to practice For further particulars and enquiry contact: architecture and to use the title and style of Architect. If any un-registered Council of Architecture practitioner (Indian or Foreign National) is noticed, the matter may be intimated India Habitat Centre to the undersigned for taking necessary legal action. Zone 6-A, 1st Floor, Lodhi Road, New Delhi-110003 The Council of Architecture is required, by law, to take cognizance of J.R.
IN THE HIGH COURT OF DELHI AT NEW DELHI
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In the Gauhati High Court – 141 Smt. In the Court of Chief Metropolitan Magistrate, Tis Hazari at Delhi – 145 Council of Architecture Vs. In the High Court of Judicature at Bombay – Manoj Balkrishna Lad Vs. In the District Court, Civil Judge, Delhi – 148 Sudesh Pal Jain Vs. In the High Court of Gujarat at Ahmedabad – 151 Girish Mistry Vs. the Chairman, Gujarat Housing Board & others regarding use of title & style of Architect by a firm of architects & its formation and what constitutes the Architectural consultancy firm for carrying out the profession of architecture. IN THE HIGH COURT OF DELHI AT NEW DELHI L.P.A.
LETTERS PATENT UNDER X OF THE LETTERS PATENT AGAINST THE JUDGEMENT DATED 23.5.1975 BY HON'BLE MR.
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LETTERS PATENT UNDER X OF THE LETTERS PATENT AGAINST THE JUDGEMENT DATED 23.5.1975 BY HON'BLE MR. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. FOR THE PETITIONER: SHRI MAHARAJ KISWAN WITH SHRI P.R MONGA, ADVOCATE. FOR THE RESPONDENT: SHRI D.D CHAWLA, SR. The result is that on a consideration of these bye-laws the Commissioner, Delhi Municipal Corporation, issued the letter, dated 7th May, 1974 which is Annexure A to writ petition. The resolution No.724, dated 3.9.1974, and the orders dated 2.4.1975
CONSIDERATION NO.1
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and 15.4.1975 were also apparently quashed by, allowing the writ petitions as a whole. These appeals have been preferred by the Corporation against the said decisions of learned Single Judge. Two considerations are relevant to determine the authority of the Corporation to regulate the practice of the architects in submitting building plans to the Corporation for approval. CONSIDERATION NO.1 Presumably, section 2(25) of the Act contemplated issue of licences to architects and draughtsman because at the time the Act was framed and enacted there was no Act providing for the registration of architects and issuing of registration certificates to them and thus regulating the profession and practice of Architects. But as will be shown under the second consideration below, the Corporation does not possess any such power after the coming into force of the Architects Act, 1972 in relation to persons who are registered as architects thereunder. CONSIDERATION NO.2 Section 502 of the Act is as follows : – "Save as: provided in this Act, nothing contained in this Act shall be constructed as authorising the disregard by the corporation or any municipal authority or any municipal officer or other municipal employees of any law for the time being inforce." This salutory provision recognises that the Delhi Municipal Corporation Act being a general measure relating to the functioning of the Corporation is not expected to provide for the details of the various related questions with which the Corporation may have to deal for the time being only or in the absence of special law dealing with such matters.
IN THE HIGH COURT OF DELHI
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6469 and 9396 of 1980 A/N (From the judgement and order dated 2-4-80 of the High Court of Delhi at New Delhi) In L:P:A. 59/75 Municipal Corpn. of Delhi ....……PETITIONER(S) VERSUS Ram Kumar Bhardwaj & Ors. etc. (with appln for stay) …….RESPONDENT(S) Date : 22-4-83. This petition was called on for hearing today. Venkatramiah For the Petitioner(s) : Mr. UPON hearing counsel the Court made the following ORDER Special Leave Petitions are dismissed Sd/- Court Master IN THE HIGH COURT OF DELHI No. C.W.No.547/80 Date of Decision : September 17, 1982 Shri Om Prakash Mittal, through Shri Raghubir Malhotra with Mr.
“I regret to inform you that on the basis of the documents submitted, and your personal interview, you
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“I regret to inform you that on the basis of the documents submitted, and your personal interview, you cannot be registered as an Architect under Section 25(b) of the Architects Act, 1972 as the Council is not satisfied that you were engaged in practice of ex service as an Architect for more than 5 years prior to 27th April, 1974.” The petitioner has also prayed for a declaration that Sections 35 and 37 of the Act violate Article 14 and 19(1) (g) of the Constitution and are, therefore, unconstitutional. For appreciating the petitioner’s grievance, the object and scheme of the Act will have to be noted. The statement of objects and reasons fully explain the reasons for the passing of the Act. The statement reads: “Since independence and more particularly with the implementation of the Five-Year Plans, the building construction activity in our country has expanded almost on a phenomenal scale. He was also included in the list of approved architects and valuers under ‘Own Your Home’ scheme of the Life Insurance Corporation of India. On the scrutiney of the application, the Registrar rejected the application for registration under Section 25(b) after considering the particulars stated in the application and the other relevant documents filed by the petitioner.
“The applicant Shri O.P. Mittal does not hold any architectural qualification. He worked as Junior Engineer
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Mittal does not hold any architectural qualification. He worked as Junior Engineer in CPWD from 27.9.1963 to 12-5-1972 as per statement made in the application filed with the Municipal Corporation of Delhi for licences No.E-571 vide certified copy of municipal licence (receipt No.554057 dated 20.1.73). He, therefore, does not fulfil the condition of 5 years in practice as Architect prior to 27.4.74 under Section 25(b) of the Act. They also lay down the standards of professional experience (of architectual work) required for an architect, where a person does not hold the professional academic qualifications prescribed under the Act. From 1.1.1971, he was given in selection grade as an architectural assistant.His work was certified by Shri H. Shri Dixit, who holds a decree in Civil Engineering was working as a Civil Engineer in Bisra Stone Lime Company Ltd.
disciplinary enquiry but the final decision is taken by the disciplinary authority. In this case, the advisory committee consisted of
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disciplinary enquiry but the final decision is taken by the disciplinary authority. In this case, the advisory committee consisted of eminent experts. It is not the Council but the petitioner who denied to himself the opportunity of presenting sufficient material or arguments in support of his case. It is too presumptuous for the petitioner, who was merely a Junior Engineer in C.P.W.D. to imagine that the persons of the eminence who sat in the advisory committee did not understand the meaning or requirement of Section 25(b) of the Act. The scope of enquiry by the Court is limited only to find out whether the technical requirements of law, in arriving at a decision, are followed or not or whether the decision is vitiated by malafides, fraud etc. The experts who sat in advisory committee are experts in the technical field.
SUPREME COURT OF INDIA
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WAD Judge (To be Refer to the Reporter) (To be Refer to the Reporter) Item No. 6 Section XIV SUPREME COURT OF INDIA RECORD OF PROCEEDINGS 237489 Petition(s) for Special Leave to appeal (Civil/No.(s) 6612 of 1983 (From the Judgement and order date 24.11.82 of the High Court of Delhi at New Delh in LPA No.142/82) Om Prakash Mittal ...............PETITIONER(S) VERSUS Council of Architecture & Anr. ................RESPONDENT(S) Date : 12.3.90 : This/These petition(s) was/were called on for hearing today CORAM : Hon’ble Mr. Nagaraja, Adv. (NP) Upon hearing counsel the Court made the following ORDER Special Leave Petition is dismissed. Minocha) Court Master Court Master SEAL SUPREME COURT OF INDIA IN THE HIGH COURT OF DELHI CIVIL WRIT PETITION NO. 1348 OF 1980 Date of Decision : September 17, 1982 Kaustubha Nand Pandey ................. Amlan Ghosh, Advocates Versus Council of Architecture etc. .................
SUPREME COURT OF INDIA
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This writ petition is filed against the order of the Council of Architecture passed on 17th September, 1979 rejecting petitioner’s application for registration as an Architect under Section 25(b) of the Architect’s Act, 1972. The grounds for the challenge of the said order and the legal submissions are the same as are made in Civil Write Petition No. I have fully dealt with the said submissions in the said writ petition and have rejected the same. This petition was in fact heard along with the said petition. WAD September 17, 1982 Judge SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil No.(s) 12110 of 1983 (From the Judgement and order date 6.1.1983 of the High Court of Delhi at New Delhi in L.P.A. UPON hearing counsel the Court made the following
IN THE GAUHATI HIGH COURT
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Consequently Special Leave Petition is dismissed. Minocha) Court Master Court Master SEAL Supreme Court of India IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram & Arunachal Pradesh) BEFORE The Hon’ble Chief Justice Mr. Agarwal Date : 3-7-19999 WRIT APPEAL NO.114 OF 1996 APPELLANTS : (1) Smt.
(4) Smt. Nani Borah (11) Smt. Pranati Kalita (18) Smt. Minati Das
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Bulu Bharali Junior Architects, Public Works Department Building Division, Guwahati - 3 By Advocates : Mr. Roy RESPONDENTS : (1) Association of Architects, Assam, represented by its General Secretary - Shri Sriprakash Sandilya, Maniram Dewan Path, Chandmari, Guwahati - 21. (Near designer building) (2) The State of Assam (3) The Secretary to the Govt. of Assam Public Works Department, Dispur (4) The Chief Engineer, Public Works Department, Building Division, Assam, Guwahati -3. (5) The Director of Technical Education, Assam, Kahilipara, Guwahati - 19. (6) Girls’ Polytechnic, Guwahati, represented by its Principal, Guwahati - 21. Goswami for Respondent No.1 Miss D. Das Government Advocate, Assam Dates of Hearing : 30-3-1999, 31-3-1999 & 1-4-1999 Date of Judgement : 12-5-1999 JUDGEMENT AND ORDERS Brijesh Kumar, C.J. – This Writ Appeal has been preferred by the appellants against the judgement and order dated 22-2-96 passed by the learned single judge in Civil Rule No.2148/92 by which it has been directed that the authorities shall not use the name, style and designation of Architect in respect of respondent Nos. 9 to 34 in the Writ petition (appellants in this appeal). Das for the appellants and the learned counsel appearing for the respondents.
the petitioner further is that under the Service Rules in the P.W.D there is no post of Junior Architect. Hence the process of
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the petitioner further is that under the Service Rules in the P.W.D there is no post of Junior Architect. Hence the process of consideration of promotion of the appellants as Assistant Architect was bad in law and prayer was made that the Government may be restrained from proceeding further in the matter. Clause (a) of Section 2 of the Act, 1972 defines the word "architect" to mean a person whose name is entered in the register. As indicated earlier, according to the petitioner-respondent, three years' diploma in Architectural Assistantship given by the Girls' Polytechnic, Assam is not a recognised qualification in terms of Section 14. Section 25 provides for qualification for entering in the register and says that a person shall be entitled on payment of prescribed fee for his name to be entered in the register if he carries on his profession of architect in India and holds a recognised qualification, or in case he does not hold such a qualification but being an Indian citizen, 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. It was further provided that promotion may be given to those persons in due course, but not with the name and style of Architects and that the service condition of the appellants may not be changed.
8. We may now consider the submission made on behalf of the appellants that the Architects Act, 1972 would not be applicable to
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We may now consider the submission made on behalf of the appellants that the Architects Act, 1972 would not be applicable to the architects working in the Government Department. In this connection learned counsel has drawn our attention to the statement of objects and reasons of the Architects Act, 1972. Thus with a view to protect the general public from unqualified persons working as Architects a statutory regulation would be necessary. In case they commit any gross negligence or any other misconduct they can well be dealt with under the Rules applicable to the Government employees, but private professionals would not be controlled by any provisions except as contained in the Architects Act, 1972. Learned counsel for the appellants has also drawn our attention to Section 23 of the Act which provides for preparation and maintenance of register of architects. It is no doubt that the argument as advanced on behalf of the appellants is attractive, but it hardly appeals us.
Government service an architect is accountable to his employer according to the rules does not hold good since mere punishment as a
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Government service an architect is accountable to his employer according to the rules does not hold good since mere punishment as a Government employee may not be enough to debar him from practising as an architect which is only controlled under Sections 22, 29 and 30 of the Act. The standards of professional education set as well as the quality of the institutes imparting education in architecture as well as standards of examination as provided under Sections 18 to 21 are necessary to achieve desired standards of an Architect which is necessarily required for all alike - may be private profession or in Government employment. In this view of the matter, prohibition as contained under Section 37 of the Act against use of title and style of Architect except by a registered Architect fulfils the reasons and objects for which the Act is enacted. Three years' diploma course in Architectural Assistantship held by the appellants may be recognised by All India Council for Technical Education and the State Council of Technical Education which may be good enough to get them some employment, but not as an Architect unless it is recognised by Council of Architecture in terms of Section 14 of the Act. It is not known as to whether the authorities concerned have ever applied to the Central Government for recognition of diploma in Architectural Assistantship under Section 14 of the Act or not. Under the provisions of the Act only those who have recognised qualification would be entitled for being entered in the register of architect and the "architect" would mean one who is entered in the register of architects.
.............. ACCUSED
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ACCUSED COMPLAINT UNDER SECTIONS 419, 465, 468 & 471 OF IPC AND UNDER SECTIONS 35, 36 & 37 OF THE ARCHITECTS ACT, 1972 NOTICE I, Rakesh Garg MM, Delhi do hereby serve upon you R.R. Nagpal S/o Late Shri Dwarka Dass Nagpal as follows : It is alleged against you that on the complaint of Shri B.R. Sd/- MM/Delhi 19/5/1999 Notice read over and explained to accused who is further questioned as under: Q. : Do you plead guilty or have you any defence to make ? Notice under Section 36 Indian Architect Act, 1972 framed against the accused to which he pleaded guilty. Accused is convicted for offence under Section 36 Indian Architect Act, 1972. Accused is directed to pay a fine of Rs.1000/- in default SI for three months.
(2) Director of Technical Education
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(2) Director of Technical Education 3, Mahapalika Marg Fort Mumbai - 400 001 (Copies of Respondent Nos. 1 & 2 to be served on Government Pleader, High Court, Bombay) (3) Vice Chancellor University of Bombay Kalina, Santacruz (East) Mumbai (4) Vice Chancellor University of Poona .................. RESONDENTS Ganesh Khind Pune (5) All India Council for Technical Education Through Regional Officer, Western Region 2nd Floor, Industrial Assurance Building Veer Nariman Marg Mumbai - 40020 (6) Council of Architecture 1st Floor, Core 6-A India Habitat Center Lodhi Road New Delhi-110003 ARISING OUT OF : Respondent No.2 and Respondent Nos. 3 & 4 Universities not giving admission to the Petitioner to Second Year directly of Degree Course of Bachelor of Architecture in spite of he having passed the Diploma Course of Architecture Assistantship of three years. 2 to 4 to give admission to Petitioner in 2nd Year of Degree Course of Bachelor of Architecture in Colleges imparting education in concerned faculty within their territional and academic jurisdiction during the pendency and final disposal of the present Writ Petition, (c) to, give ad-interim relief in terms of Prayer Clause (b) above, (d) to, direct Respondent Nos. 2 to 4 to give admission to Petitioner in 2nd Year of Degree Course of Bachelor of Architecture in Colleges imparting education in concerned faculty within their territorial and academic jurisdiction, (e) to, grant costs of this Writ Petition against the Respondent Nos.
The short question which falls for consideration is whether the petitioners who have acquired diploma in Architecture
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The short question which falls for consideration is whether the petitioners who have acquired diploma in Architecture Assistantship in first class from Maharashtra State Board of Technical Education are entitled for admission directly to 2nd year degree course of Bachelor of Architecture? The petitioners claim that they are eligible for direct admission to the 2nd year degree course of Bachelor of Architecture. The petitioners are also relying upon the letter dated 25-8-1989 issued by the Officiating Registrar of Council of Architecture. Minimum standards of Architectural Education Regulation 1983 issued by the Central Government also do not provide for lateral entry either for degree or diploma course in Architecture. Thus we have no hesitation in holding that the petitioners are not entitled to direct admission to the 2nd year degree course of Bachelor of Architecture. During the course of arguments a contention was raised by the learned counsel for the petitioners that the petitioners took admission to the diploma course in view of the letter dated 25.8.1989 from the Officiating Registrar of Council of Architecture and they were under the bonafide belief that they would be entitled to direct admission to the 2nd year degree course otherwise they would not have taken admission to the diploma course.
SUIT FOR DECLARATION & INJUNCTION
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SUIT FOR DECLARATION & INJUNCTION JUDGEMENT By this order I shall dispose off the suit of the pltf. The facts of the present suit for declaration and injunction are that plaintiff is claiming himself to be a diploma holder of Civil Draftsman from Rohtak in the year 1972. Pltf. claims that he has been practising as an Architect since 1968 as associate of one Sh. Jain, Architect at Rohtak and most of the building plans submitted in the municipal committee, Rohtak, during the period from 1968 to 1972 were drafted by him under the guidance and supervision of Sh. It is claimed by the pltf. that he has been regularly and continuously attending the office of Sh. Pltf. alleges that in view of these facts he is entitled for declaration and other relieves sought by him.
ISSUES :
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establish that pltf. was practising as an Architect from January, 1996 to August, 1972. Deft. further denies that other certificates produced by the pltf. establish that pltf. was practising as an Architect for the period of 1972 to 1982 and was a registered Architect for want of knowledge. Deft. further denies that the certificate of Sh. Jain is a conclusive proof of evidence towards the experience of pltf. It is stated that the certificate of Sh. As the pleadings were complete, parties appeared for AD of documents and framing of issues which were framed on 02/05/91 to the following effect : ISSUES : 1.
other certificates and also does not give any value to the experience as Architect of pltf. for the period prior to 1972. Pltf. has
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other certificates and also does not give any value to the experience as Architect of pltf. for the period prior to 1972. 30/05/85 issued by council of Architect which specifies that claim of pltf. cannot be allowed as at the time of pltf.’s allegedly started working as Architect was in the year 1968 and at that time pltf. was merely 16 years of age and on the basis of documents the contention of the pltf. that he was looking after the office of Hissar and Rohtak cannot be upheld and hence claim for registration was declined. At this stage, before I take-up the other documents placed on record by the pltf., I propose to deal with the counter-evidence placed on record by the defts. the registrar of the deft. who appeared as DW1 completely supported the claim of the deft. and rebuted that of pltf. It is pertinent that the finding on page 3 point 5.1 be produced which says, “On a careful reading of this provision, the committee came to the conclusion that the appellants should prove to the satisfaction of the Council that they have been engaged in practice as an Architect for a period of not less than five years prior to 27/04/74. This does not mean that a person is practising as an architect”. The appreciation of the documents admitted by the pltf. as PW5 to PW8 and the reading there of also shows that the certificates filed by the concerned persons were with respect to their experience in the field of Architecture and not in the field of Draftsman.
O. No. 18517/2000
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In view of this observation, pltf. is not entitled to any relief, as prayed. The suit of the pltf. is dismissed with no orders as to costs. Decree sheet be prepared accordingly. Ele be consigned to Record Room after completing necessary formalities. ANNOUNCED IN THE OPEN COURT ON 18/01/2001. Sd/- (Nirja Bhatia) Civil Judge, Delhi O.
SPECIAL CIVIL APPLICATION No 1111 of 1999
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………….RESPONDENTS APPEARANCE ON RECORD MR BD KARIA for Petitioner No.1 GOVERNMENT PLEADER for Respondent No. Judgement dated 20/6/2000 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 1111 of 1999 with CIVIL APPLICATION NO. 12021 OF 1999 with CIVIL APPLICATION NO. 1927 OF 2000 For Approval and Signature: Hon’ble CHIEF JUSTICE MR. Whether it is to be circulated to the Civil Judge? : NO GIRISH MISTRY, CHAIRMAN, INDIAN INSTITUTE OF ARCHITECTS Versus STATE OF GUJARAT Appearance: 1. 1111 of 1999 & Civil Application No.
MR A.K. CLERK for the applicant
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KARIA for the Respondent CORAM : CHIEF JUSTICE MR DM DHARMADHIKARI and MR. PATEL Date of decision: 20/06/2000 C.A.V. Patel, J) By way of this Public Interest Litigation the Petitioner, the Chairman of the Indian Institute of Architects, Gujarat Chapter, Ahmedabad, has moved this court for quashing and setting aside the agreement entered into between the respondent, Gujarat Housing Board and respondent No. 3 Sandip & Prerak Associates claiming to be the reputed Architectural Consultancy Firm. Short facts which are relevant to dispose of this petition are as under: 3 The Architects Act, 1972 (hereinafter referred to as ‘the Architects Act’) has been enacted by the Parliament which provides for Council of Architects, President and Vice-President of Council, Finances of Council, Recognition of qualifications granted by authorities in India, Recognition of architectural qualifications granted by authorities in foreign countries, effect of recognition, Minimum standard of architectural education and Professional conduct etc. Chapter III refers to Registration of Architects.
and 6 of respondent No. 3, a parternship firm, on 1.4.1997. Clause (3) of the agreement refers to the object of the firm. Reading the same it
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3, a parternship firm, on 1.4.1997. Clause (3) of the agreement refers to the object of the firm. Reading the same it appears that respondent No. It is only that Sanjay Sharadchandra Shah was authorised to present the bills, to receive payment, to appoint advisers, to prepare, accept and finalise details of the plans, to take a decision, to enter into an agreement, to offer or to accept or reject offer, to give public advertisement, to appoint staff or to cancel appointment of the staff, to appoint contractor, to accept bills, to finalise bills and to take a decision in this behalf and to do all other act for carrying out the object of the firm. Reading the agreement, it clearly appears that respondent No. Clause (16) of the agreement refers to the service of registered architect Harishbhai C.
Engineers. It is averred that in fact the Board has strength of 180 qualified engineers and architects. From the affidavit it
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It is specifically averred in para 7 of the affidavit that “I say that referring to the advertisement, it is clear that there was no intention of the Gujarat Housing Board to give consultancy of township i.e. In fact, the advertisement makes it clear that it was intended to create a general panel of architects consultancy firm in Ahmedabed, Baroda and Rajkot circles separately.” The Housing Board has further stated in the affidavit that the Board had not decided to give advertisement in a particular newspaper and it had not advertised for giving consultancy to private architects for its particular township of Gotha-Oganaj. The Board has denied that it had 2000 qualified Engineers and Architects from the level of Chief Engineer to the level of Junior Engineers. It is averred that in fact the Board has strength of 180 qualified engineers and architects. From the affidavit it appears that incorrect figure of “2000” qualified engineers was referred and therefore the Board has denied the same but has admitted about staff of 180 persons as stated hereinabove. If that was the opinion of the Board at the time of issuing the advertisement, the Board could have said it clearly that the firms or association of persons of which one partner of the firm need not be an architect can apply and architects, with engineers as the partners, even diploma holders, can apply for the pre-qualification of services.
own Law Officers. The Board is aware about the distinction between Architects and Engineers. The Board has employed in its services
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The Board is aware about the distinction between Architects and Engineers. The Board has employed in its services Engineers and Architects and therefore it was known to the Board the clear distinction between Architects and Engineers. Reading the Schedule it is clear that even a person not engaged in housing activities would know the distinction between Architects and Engineers. The Board could have accepted applications on behalf of firms of architects alone. At the cost of repetition, it is required to be stated that the firm of architects can only have architects as its partners. There is an agreement between the Executive Engineer, Housing Division of Gujarat Housing Board and respondent No.
the design of bridges and large buildings. Structural engineer may cooperate with an architect, who concentrates on the
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So far as the Civil Engineers are concerned, ordinarily they are engaged in designing and constructing major structures and facilities bridges, dams, tunnels, tall buildings, factories, highways, airports, railroads, and so on. Another branch known as structural engineering has to concentrate on the design of bridges and large buildings. Structural engineer may cooperate with an architect, who concentrates on the aesthetic and functional aspects of design while the engineer is concerned with materials, methods of construction and other technical requirements. The Engineer may carry out the work of erecting a building as per the design prepared by the architect. Architect may require supervision of the work carried out by the Engineer. It may be that in some cases one may require assistance of architect and engineer to complete the work but at the same time it must not be forgotten that the legislature has taken note of the fact that architects are professionals and qualifications are enumerated in the schedule to the Architects Act.
(with prayer for interim relief)
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(with prayer for interim relief) Date : 17.09.2001 This Petition was called on for hearing today. Justice Ruma Pal For Petitioner(s) : Mr. UPON hearing counsel the Court made the following ORDER The counsel for the petitioner seeks permission to withdarw this petition. The prayer for withdrawl is allowed. But, the respondents having entered appearance are entitled to cost, which is fixed at Rs.5,000/-. This amount will be equally divided amongst and paid to Respondent Nos.
SUIT FOR DECLARATION &
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Registered Office at 917/19, A, Shivajinagar, Pune-411004 through its Managing Director, Mr. Dattatraya Vishwanath Tikekar ..................................... Council of Architecture, India Habitate Centre, Core 6-A, 1st Floor, Lodhi Road, New Delhi Pin-110003 Through it's Admn. Phatak advocate for defendant no.1 Suit proceeded without W.S. against defendant no.2 SUIT FOR DECLARATION & MANDATORY INJUNCTION JUDGEMENT (Delivered on 20.10.2000) 1. This is a suit for declaration and mandatory injunction against defendant no.1. Hence, plaintiff company has filed this suit for Mandatory Injunction and declaration that, defendant should produce the correspondence between them with all necessary documents and also prayed that, notice dt.
5. Defendant no.1 has resisted the plaintiff's claim by submitting it's W.S. at Exh. 16. Defendant no.1 has denied all the contents
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Defendant no.1 has resisted the plaintiff's claim by submitting it's W.S. at Exh. Defendant no.1 has denied all the contents and allegations of the plaintiff against defendant no.1. 7.4.1999 issued by this defendant as alleged by plaintiff. The defendant no.1 further contended that, defendant has followed the principles of natural justice and fairness of the procedure while issuing letters and notices to the plaintiff. 2.12.1998 received from defendant no.2 disclosed that, plaintiff company was appointed as a engineering consultation for detailed work mainly of civil and structural parts of the project and for preparing tendered document and other things. In view of the above averments of the plaintiff and defendant no.1, following issues have framed at Exh.17.
8. Does plaintiff company
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Does plaintiff company entitled correspondence between defendants as prayed ? ......... AS TO ISSUES NO.1 TO 4 The learned advocate appearing on behalf of plaintiff has submitted that, Foseco India Ltd. company has intrusted plaintiff company the work of it's project. The learned advocate appearing on behalf of plaintiff further submitted that, the plaintiff company has team of experts architects, who are members of defendant no.1. Company to the plaintiff's company. He deposed that, he knows that, plaintiff company has done the work of Foseco India Ltd. Company has given the work of over all project of consultancy to the plaintiff company.
14. On the other hand, the learned advocate appearing on behalf of defendant no.1 submitted that, defendant no.1 is a Body
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On the other hand, the learned advocate appearing on behalf of defendant no.1 submitted that, defendant no.1 is a Body Corporate looking after the implementation of Architect's Act 1972. The learned advocate appearing on behalf of defendant no.1 submitted that, these admission given by plaintiff itself creates doubt in the mind of defendant no.1 whether plaintiff is violating the provisions Under Section 36 and 37 of Architect's Act, 1972. So, I am not agree with the submissions of learned advocate for plaintiff that, defendant no.1 has issued illegal notice on 7.4.1999 and 24.06.1999 beyond the scope of provisions of Section 36 and 37 of Architect's Act, 1972. In view of the evidence on record, I finds no force in the submissions of learned advocate for plaintiff that, defendant no.1 has illegally issued notices on 7.4.1999 and 24.6.1999. On the other hand, defendant no.1 has succeeded in proving issue no.6. In this regard, I am not agree with the submissions of learned advocate appearing on behalf of defendant no.1 that, defendant no.1 is not under obligation to submit the documents on the basis of which defendant no.1 has issued show cause notice.
1. Plaintiff's suit is partly decreed.
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Plaintiff's suit is partly decreed. Defendant no.1 is directed to supply the copy of letter written by defendant no.2 to defendant no.1 making complaint against plaintiff company and other documents if any referred and relied upon by defendant no.1 at the time of issuing show cause notice to the plaintiff on 24.6.1999. Plaintiff's suit for declaration is hereby stands dismissed. Defendant no.1 is directed to pay proportionate costs to the plaintiff company. Pune SEAL OF THE COURT IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.331 OF 2000 1. The Executive Students Council, an elected boddy of representatives of the students of the College of Architecture, Campal, Goa, through its Chairman, Shri Jerry Cherian, resident of Vasco da Gama.
2. Shri Rohit Nadkarni,
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Shri Rohit Nadkarni, General Secretary, r/o Bicholim. Shri Anthony Menezes, Cultural Secretary, r/o Vasco da Gama. Shri Suraj Gaonkar, Magazine Secretary, r/o Panaji. Shri Swapnil Sawant, University Representative, r/o Sanquelim. Shri Rehman Neroo, Sports Secretary, r/o Panjim. Shri Pallavi Ghate, NASA Secretary, r/o Ponda. and the Class Representatives, namely 8.
Mr. Valmiki Menezes, Advocate for the Petitioners.
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Valmiki Menezes, Advocate for the Petitioners. Nadkarni, Advocate General with Mr. Advocate for the Respondents 1 to 3. Agni, Advocate for the Respondent No.6. Date : 4th October, 2000 ORAL ORDER (PER CHANDRASHEKHARA DAS, J.) Heard counsel for the petitioners and learned Advocate General. The apprehension of the petitioners is that by lowering the minimum marks for admission, the standard of education will be impaired and consequently there is every likelihood that the Council of Architecture may derecognize the degree that is being conferred by University of Goa.
State of Maharashtra & Ors. ......…. Respondents
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State of Maharashtra & Ors. ......…. The authority of AICTE is not challenged by the Advocate General on behalf of the State of Maharashtra. There have been conflicting orders of AICTE whereby in the first instance the intake is determined, which is subsequently reduced or increased, and again reduced or increased resulting in the State of Maharashtra not being in a position to understand the exact intake capacity of the colleges. He submits that with effect from the Academic Year 2002-2003, the AICTE shall communicate to the State Government before 30th June each year the intake capacity of different colleges concerned in the State of Maharashtra, and the intake capacity so determined shall not be changed thereafter. The State of Maharashtra will inform the prospective candidates accordingly and no change after 30th June of that year shall be made. So far as the current Academic Year is concerned, viz., 2001-2002, we direct the Petitioner-Council to communicate to the State of Maharashtra, within three days from the date of receipt of this order, the intake capacity of different colleges as determined by it.