THE ARCHITECTS ACT, 1972
The architects act 1972 was constituted on 31st May, 1972, to provide for the
registration of architects and for other matters connected with them. The COA
was constituted under this act on 1st September, 1972. The guidelines as laid by
the parliament are as follows:-
COUNCIL OF ARCHITECTURE
1. CONSTITUTION OF COUNCIL OF ARCHITECTURE.-
The Central Government constituted the Council of Architecture, which is a corporate,
having-
--perpetual succession and a common seal,
--with power to acquire, hold and dispose off property, both
movable and immovable, and
--may by that name sue or be sued.
2. THE MEMBERS OF COUNCIL
(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
(c) Five person selected by heads of architectural institutions in India imparting full-time
instruction for recognized qualifications;
(d) The Chief Architects in the Ministries of the Central Government relating to
defence and railways and the head of the Architectural Organization in the Central Public
Works Department.
(e) One person nominated by the Central Government.
(f) An architect from each State nominated by the Government of that State.
(g) Two person nominated by the Institution of Engineers (India).
(h) One person nominated by the Institution of Surveyors of India.
3. PRESIDENT AND VICE-PRESIDENT OF COUNCIL.
The President and the Vice-President of the Council are elected by the members of the
Council from among themselves:
until the President is elected, a member of the Council nominated by the Central
Government in this behalf , acts as President.
An elected President or Vice-President of the Council holds office for a term of three
years or till he ceases to be a member of the Council, whichever is earlier, he is eligible
for re-election :
4. ELECTIONS.-
A person will not be eligible for election or nomination as a member of the Council, if he-
(i) is holding a position in council; or
(ii) has been convicted by a court in India for any offence and sentenced
to imprisonment for not less than two years, and would continue to be
ineligible for a further period of five years since his release.
Where any dispute arises regarding elections, the matter is referred by the Council to a
Tribunal appointed by the Central Government and the decision of the Tribunal is final :
The expenses of the Tribunal are borne by the Council.
5. TERMS OF OFFICE AND CASUAL VACANCIES.-
An elected or nominated member holds office for a term of three years from the date of
his election.
An elected or nominated member may resign his membership by writing to the
President, or, to the Vice-President
A member can be deemed to have vacated his seat-
(i) if he is absent without excuse, from three consecutive ordinary meetings of the
Council; or
(ii) if he ceases to be a member of the body by which he was elected or nominated,
(iii) in the case where he has been elected ,if he ceases to hold his appointment as the
head of an institution
6. MEETINGS OF COUNCIL.-
The Council meets at least once in every six months
Nine members of the Council form a quorum, and all the acts of the Council are decided
by a majority of the members present and voting.
In the case of an equal division of a second casting of votes takes place.
7. EXECUTIVE COMMITTEE AND OTHER COMMITTEES.-
The Executive Committee is constituted of members of Council itself,
The Executive Committee consists of the President and the Vice-President of the
Council and five other members who are elected by the Council from among its
members.
The President and the Vice-president of the Council are the Chairman and Vice-
Chairman respectively of the Executive Committee.
A member of the Executive Committee holds office until the expiry of his term as a
member of the Council and is eligible for re-election.
8. FEES AND ALLOWANCES TO PRESIDENT, VICE PRESIDENT AND MEMBERS.-
The President, the Vice-President and other members of the Council receive fees and
allowances as sanctioned by the Central Government to the Council fix,.
9. OFFICERS AND OTHER EMPLOYEES.-
A Registrar who acts as its Secretary and who may also act, , as its treasurer;
10. FINANCES OF COUNCIL.-
An established Fund under the management and control of the Council is
maintained into which all money received by the Council submitted to meet all expenses
and liabilities of the Council.
The Council invests some money in areas approved by the Central Government.
The Council keeps proper accounts of the Fund distinguishing capital from revenue.
The FUND consist of-
(a) all moneys received from the Central Government by way of grant, gift or deposit;
(b) any sums received under this Act whether by way of fee or otherwise.
(c) All moneys standing at the credit of the Council
11. RECOGNITION OF QUALIFICATIONS
(1) The qualifications included in the Schedule must be recognised qualifications for the
purposes of this Act and are sufficient for enrolment in the register.
(2) Any authority in India which grants an architectural qualification not included in the
Schedule may apply to the Central Government for the recognition of qualification,
(3) Any architectural qualification granted by any foreign authority which is not included
in the Schedule can be recognised by Central Government
(4) the Central Government, after consultation with the Council, may, amend the
Schedule in respect of any architectural qualification.
12.WITHDRAWAL OF RECOGNITION.-
If the Executive Committee finds -
(a) that the education provided to the student 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 reports to
the appropriate Government.
After considering the report the appropriate Government forwards an intimation period
within which the college or institution, have to submit its explanation to the appropriate
Government.
On the expiry of that period, the State Government, in respect of the college or
institution, makes its recommendations to the Central Government.
The Central Government-
After making such further enquiry or
On receipt of the explanation from a college or institution, or
On the expiry of that period,
Declares that the architectural qualification awarded by such college or institution, will be
a recognised only when granted before a specified date
13. INSPECTIONS OF EXAMINATIONS.-
(1) The Executive Committee appoints number of inspectors to inspect any architectural
college or institution for the purpose of recommending to the Central Government
recognition of architectural qualifications granted by that college or institution.
(2) The inspector reports to the Executive Committee on the adequacy of the standards
of architectural education including staff, equipment, accommodation, training and such
other facilities for giving such education
(3) The Executive committee forwards copies of such report to the College or institution
and to the Central Government.
14. MINIMUM STANDARD OF ARCHITECTURAL EDUCATION.
The Council prescribes the minimum standards of architectural education required for
granting recognised qualifications by colleges or institutions in India.
15. PROFESSIONAL CONDUCT.-
The Council prescribes standards of professional conduct and etiquette and code of
ethics for architects.
REGISTRATION OF ARCHITECTS
1. PREPARATION AND MAINTENANCE OF REGISTER.-
(1) The Central Government provides a register of architects for India.
(2) The Council assumed the duty of maintaining the register
(3) The register includes 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 this first admission to the register;
(d) his professional address; and
(e) such further particulars as may be prescribed by rules.
2. FIRST PREPARATION OF REGISTER.-
(1) the Central Government constitutes a Registration Tribunal consisting of three
persons who have the knowledge of/or experience in, architecture; and the Registrar
acts as Secretary of the Tribunal.
(2) The Central Government appoints a date for registration, on which fee as may be
prescribe by rules, is made to the Registration Tribunal.
(3) The Registration Tribunal after examination of entries,entry of the name of the
applicant in the register.
(4) The first register so prepared is then published.
(5) Every person whose name is entered in the register is issued a certificate of
registration.
3. QUALIFICATION FOR ENTRY IN REGISTER.-
A person in architectural field is entitled to have his name entered in the register, on
payment of fee, if he-
(a) holds a recognised qualification, or
(b) a citizen of India, has been engaged in practice as an architect for a period of not
less than five years
Provided that no person other than a citizen of India shall be entitled to registration by
virtue of a qualification-
(c) 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 practice the profession of architect in such country, or
4.PROCEDURE FOR SUBSEQUENT REGISTRATION.-
After the date appointed for the receipt of applications for registration in the first register
of architects, all applications of registration are addressed to the Registrar of the Council
with fees prescribed by rules.
No person, whose name has been removed from the register, is entitled to have his
name re-entered in the register except with the approval of the Council.
Any person whose application for registration is rejected by the Registrar may appeal to
the Council, within three months of the date of rejection,.
Upon entry in the register of a name, the Registrar issues a certificate of registration.
5. RENEWAL FEES.
for the retention of a name in the register after the 31st day of December of the year,
renewal fee is to be paid annually to the Council before the first day of April of that year.
Where the renewal fee is not paid before the due date, the Registrar removes the name
of the defaulter from the register:
On payment of the renewal fee the Registrar, issues the certificate of registration
accordingly.
6. ENTRY OF ADDITIONAL QUALIFICATION.
An architect, on payment of fee, be entitled to have entered in the register any further
recognised qualification which he may obtain.
7. REMOVAL FROM REGISTER.-
The Council may order, removing the name of any architect from the register -
(a) from whom a request has been received to that effect, or
(b) who has died since the last publication of the register.
(c) that his name has been entered in the register by error or on account of
misrepresentation
(d) that he has been convicted of any offence
(e) that he has been adjudged by a competent court to be of unsound mind.
Name can be restored in the register on payment of applicable fee to the council
8. PROCEDURE IN INQUIRIES RELATING TO MISCONDUCT.-
When on receipt of a complain any architect has been found guilty of professional
misconduct which, will render him unfit to practice as an architect, the Council holds
an inquiry
After holding the inquiry and hearing the architect, the Council may order any of the
following
reprimand the architect or
suspend him from practice as an architect or
remove his name from the register.
9. SURRENDER OF CERTIFICATES.-
A person whose name has been removed form the register must surrender his certificate
of registration to the Registrar, and the name so removed is be published in the Official
Gazette.
10. ISSUE OF DUPLICATE CERTIFICATES.-
If the certificate of registration has been lost or destroyed, the Registrar, on payment of
applicable fee, issue a duplicate certificate.
11. PRINTING OF REGISTER.-
After the 1st day of April in each year, the register is published for the names of
architects entered.
12. EFFECT OF REGISTRATION.-
(1) Any law being in force to an architect would be applicable for an architect registered
under this Act.
(2) After the expiry of two years from the date, a person who is registered in the register
would get preference for appointment as an architect under the Central or State
Government or in any other local body .
MISCELLANEOUS
1. PENALTY FOR FALSELY CLAIMING TO BE REGISTERED.
fine which may extend to one thousand rupees.
2. PROHIBITION AGAINST USE OF TITLE.
No person other than a registered architect, or a firm of architects could use the title and
style of architect: except a person designated as a "landscape architect" or "naval
architect";
defaulters punishable on first conviction with of five hundred rupees and on any
subsequent conviction with imprisonment of six months or with fine upto one thousand
rupees or with both.
3. FAILURE TO SURRENDER CERTIFICATE OF REGISTRATION.
If any person whose name has been removed from the register fails to surrender his
certificate of registration, will be punishable with fine upto one hundred rupees, and, in
the case of a continuing failure, ten rupees for each day.
4. POWER OF CENTRAL GOVERNMENT TO MAKE RULES.-
The Central Government may, make rules to carry out the purposes of this Act.
5. POWER OF COUNCIL TO MAKE REGULATIONS.-
(1) The Council may, with the approval of the Central Government, make
regulations not inconsistent with the provisions of this Act for:
(a) the management of the property of the Council;
(b) the power and duties of the President and the Vice-President of the Council;
(c) the summoning and holding of meetings of the Council
(d) the functions of the Executive Committee or of any other committee
(e) the courses and periods of study and of practical training,
(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;
