Professional Documents
Culture Documents
SUBMITTED BY:
SANCHIT
B.ARCH 4TH YEAR
INTRODUCTION
THE SERVICES RENDERED BY ARCHITECTS HAVE ALSO BEEN COVERED BY THE RELEVANT
LAWS OF THE COUNTRY.
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.
THE RELATIONSHIP BETWEEN THE CLIENT AND THE ARCHITECT IS THAT OF RECIPIENT
AND PROVIDER OF SERVICE.
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.
THESE ARE GOVERNED UNDER THE PROVISIONS OF THE ARCHITECTS ACT, 1972 AND THE
ARCHITECTS (PROFESSIONAL CONDUCT) REGULATIONS, 1989, FRAMED THEREUNDER.
DUTY OF CARE:
IT MEANS DUTY TO EXERCISE UTMOST SKILL AND CARE.
WHEN AN ARCHITECT OFFERS PROFESSIONAL ADVICE/ARCHITECTURAL SERVICES,
IMPLICITLY UNDERTAKES THAT HE IS POSSESSED OF THE KNOWLEDGE AND SKILL FOR
THE PURPOSE.
DUTIES:
THE DUTIES THAT ARE REQUIRED TO BE PERFORMED BY AN ARCHITECT FOR VARIOUS
TYPES OF PROJECTS HAVE BEEN PRESCRIBED BY THE COUNCIL OF ARCHITECTURE UNDER
THE CONDITIONS OF ENGAGEMENT AND SCALE OF CHARGES FOR RESPECTIVE AREAS IN
THE FIELD OF ARCHITECTURE.
PROFESSIONAL CONDUCT:
AN ARCHITECT SHALL BE REQUIRED TO COMPLY WITH THE STANDARDS OF
PROFESSIONAL CONDUCT AND ETIQUETTE AND A CODE OF ETHICS SET OUT READ WITH
EXCEPTIONS COVERED BY SUB-CLAUSES OF SUB-REGULATION OF REGULATION 2 OF THE
ARCHITECTS (PROFESSIONAL CONDUCT) REGULATIONS, 1989.
PROFESSIONAL NEGLIGENCE:
"NEGLIGENCE" OF AN ARCHITECT MEANS FAILURE TO TAKE REASONABLE DEGREE OF CARE
IN THE COURSE OF HIS ENGAGEMENT FOR RENDERING PROFESSIONAL SERVICES.
DEFICIENT SERVICE:
AN ARCHITECT IS REQUIRED TO OBSERVE AND UPHOLD THE COUNCIL'S CONDITIONS OF
ENGAGEMENT AND SCALE OF CHARGES WHILE RENDERING ARCHITECTURAL SERVICES
IN TERMS OF REGULATION OF THE ARCHITECTS (PROFESSIONAL CONDUCT)
REGULATIONS, 1989.
THUS, FAILURE TO PROVIDE ANY SERVICE/SERVICES THAT IS/ARE NECESSARY FOR
DISCHARGE OF HIS DUTIES AND FUNCTIONS FOR THE PROJECT FOR WHICH HE HAS BEEN
ENGAGED, AMOUNT TO DEFICIENT SERVICE.
EXCEPTIONS:
AN ARCHITECT IS NOT LIABLE FOR ANY LIABILITY, IF THE DAMAGE TO THE BUILDING HAS
OCCASIONED IN THE FOLLOWING CIRCUMSTANCES:
USE OF BUILDING FOR THE PURPOSES OTHER THAN FOR WHICH IT HAS BEEN DESIGNED.
ANY CHANGES/ MODIFICATIONS TO THE BUILDING CARRIED OUT BY THE OWNER(S)
WITHOUT THE CONSENT OR APPROVAL OF THE ARCHITECT WHO DESIGNED AND/ OR
SUPERVISED THE CONSTRUCTION OF THE BUILDING.
DAMAGES CAUSED TO THE BUILDING FOR THE REASONS BEYOND THE CONTROL OF THE
ARCHITECT.
PROFESSIONAL LIABILITIES:
INDEMNITY INSURANCE: THE ARCHITECT IS REQUIRED TO INDEMNIFY THE CLIENT
AGAINST LOSSES AND DAMAGES INCURRED BY THE CLIENT THROUGH THE ACTS OF THE
ARCHITECT AND SHALL TAKE OUT AND MAINTAIN A PROFESSIONAL INDEMNITY
INSURANCE POLICY, AS MAY BE MUTUALLY AGREED BETWEEN THE ARCHITECT AND THE
CLIENT, WITH A NATIONALISED INSURANCE COMPANY OR ANY OTHER RECOGNIZED
INSURANCE COMPANY BY PAYING A REQUISITE PREMIUM.
NATURE OF LIABILITY:
AN ARCHITECT IS LIABLE FOR THE NEGLIGENT ACT WHICH HE COMMITTED IN THE
PERFORMANCE OF HIS DUTIES. THE ACTION AGAINST AN ARCHITECT CAN BE INITIATED
BY THE CLIENT ON SATISFYING THE FOLLOWING CONDITIONS :
(A) THERE MUST EXIST A DUTY TO TAKE CARE, WHICH IS OWED BY AN ARCHITECT TO HIS
CLIENT.
(B) THERE MUST BE FAILURE ON THE PART OF AN ARCHITECT TO ATTAIN THAT STANDARD
OF CARE PRESCRIBED BY LAW, THEREBY COMMITTED BREACH OF SUCH DUTY;
(C) THE CLIENT MUST HAVE SUFFERED DAMAGE DUE TO SUCH BREACH OF DUTY.
SOME OF THE RELEVANT LAWS INCLUDE, THE LAW OF TORTS, THE CONSUMER
PROTECTION ACT, 1986 AND THE INDIAN PENAL CODE 1860, ETC.
ARCHITECTURE:
SCHEDULE OF SERVICES :
THE ARCHITECT SHALL, AFTER TAKING INSTRUCTIONS FROM THE CLIENT, RENDER THE
FOLLOWING SERVICES:
PREPARE DRAWINGS AND DOCUMENTS TO ENABLE THE CLIENT TO GET DONE THE
DETAILED SURVEY AND SOIL INVESTIGATION AT THE SITE OF THE PROJECT.
STAGE 6: CONSTRUCTION:
PREPARE AND ISSUE WORKING DRAWINGS AND DETAILS FOR PROPER EXECUTION OF
WORKS DURING CONSTRUCTION.
IN ORDER TO ENSURE THAT THE WORK AT SITE PROCEEDS IN ACCORDANCE WITH THE
CONTRACT DOCUMENTS/ DRAWINGS AND TO EXERCISE TIME AND QUALITY CONTROLS,
THE DAY-TO-DAY SUPERVISION WILL BE CARRIED OUT BY A CONSTRUCTION MANAGER
WHO SHALL WORK UNDER THE GUIDANCE AND DIRECTION OF THE ARCHITECT AND
SHALL BE APPOINTED AND PAID BY THE CLIENT.
STAGE 7: COMPLETION
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.
PROFESSIONAL FEE :
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.
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.
STAGE 1
ON SUBMITTING CONCEPTUAL DESIGNS
AND ROUGH ESTIMATE OF COST.
STAGE 2
ON SUBMITTING THE REQUIRED
PRELIMINARY SCHEME FOR THE CLIENT'S
APPROVAL ALONG WITH THE
PRELIMINARY ESTIMATE OF COST.
STAGE 3
a) ON INCORPORATING CLIENT'S
SUGGESTIONS AND SUBMITTING
DRAWINGS FOR APPROVAL FROM THE
CLIENT/ STATUTORY AUTHORITIES, IF
REQUIRED.
b) UPON CLIENT'S / STATUTORY APPROVAL
NECESSARY FOR COMMENCEMENT OF
CONSTRUCTION, WHEREVER APPLICABLE.
STAGE 4
UPON PREPARATION OF WORKING
DRAWINGS, SPECIFICATIONS AND
SCHEDULE OF QUANTITIES SUFFICIENT TO
PREPARE ESTIMATE OF COST AND
PREPARATION OF TENDER DOCUMENTS.
STAGE 5
ON INVITING, RECEIVING AND ANALYSING
TENDERS; ADVISING CLIENT ON
APPOINTMENT OF CONTRACTORS.
STAGE 6
ON SUBMITTING WORKING DRAWINGS
AND DETAILS REQUIRED FOR
COMMENCEMENT OF WORK AT SITE.
ON VIRTUAL COMPLETION
STAGE 7
ON SUBMITTING COMPLETION REPORT
AND DRAWINGS FOR ISSUANCE OF
COMPLETION/ OCCUPANCY CERTIFICATE
BY STATUTORY AUTHORITIES, WHEREVER
REQUIRED AND ON ISSUE OF AS BUILT
DRAWINGS
WHEN THE WORK IS EXECUTED WHOLLY OR IN PART WITH OLD MATERIALS OR LABOUR
OR CARRIAGE IS PROVIDED BY THE CLIENT, THE PERCENTAGE FEES SHALL BE
CALCULATED AS IF THE WORK HAD BEEN EXECUTED WHOLLY BY THE CONTRACTOR
SUPPLYING ALL LABOUR AND NEW MATERIALS.
THE ACTUAL COST OF THE COMPLETED WORKS SHALL INCLUDE COST OF EXECUTION OF
ASSIGNED WORKS, REFERRED TO IN SCOPE OF WORK AND ALSO THE COST OF
EQUIPMENT & MACHINERY SUCH AS TRANSFORMERS, DG SETS, SUB-STATIONS, LIFTS,
AIR CONDITIONING MACHINES, PUMPS & MOTORS, WATER AND SEWAGE TREATMENT
PLANT, ETC., BUT EXCLUDING THE COST OF LAND.
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:
1. 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.
2. COST OF PRESENTATION MODELS, COMPUTER SIMULATION, PRESENTATION
DRAWINGS, ETC., PREPARED AT THE INSTANCE OF THE CLIENT FOR PURPOSES
OTHER THAN THE DESIGN AND EXECUTION OF THE PROJECT.
(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.
25.
A PERSON SHALL BE ENTITLED ON PAYMENT OF SUCH FEE AS MAY BE PRESCRIBED BY
RULES TO HAVE HIS NAME ENTERED IN THE REGISTER, IF HE RESIDES OR CARRIES ON THE
PROFESSION OF ARCHITECT IN INDIA AND
(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.
26.
(1) AFTER THE DATE APPOINTED FOR THE RECEIPT OF APPLICATIONS FOR REGISTRATION IN
THE FIRST REGISTER OF ARCHITECTS, ALL APPLICATIONS FOR REGISTRATION SHALL BE
ADDRESSED TO THE REGISTRAR OF THE COUNCIL AND SHALL BE ACCOMPANIED BY SUCH
FEE AS MAY BE PRESCRIBED BY RULES.
(2) IF UPON SUCH APPLICATION THE REGISTRAR IS OF OPINION THAT THE APPLICANT IS
ENTITLED TO HAVE HIS NAME ENTERED IN THE REGISTER, HE SHALL ENTER THERE ON THE
NAME OF THE APPLICANT:
(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.
27.
(1) THE CENTRAL GOVERNMENT MAY, BY NOTIFICATION IN THE OFFICIAL GAZETTE, DIRECT
THAT FOR THE RETENTION OF A NAME IN THE REGISTER AFTER THE 31ST DAY OF
DECEMBER OF THE YEAR FOLLOWING THE YEAR IN WHICH THE NAME IS FIRST ENTERED IN
THE REGISTER, THERE SHALL BE PAID ANNUALLY TO THE COUNCIL SUCH RENEWAL FEE AS
MAY BE PRESCRIBED BY RULES AND WHERE SUCH DIRECTION HAS BEEN MADE, SUCH
RENEWAL FEE SHALL BE DUE TO BE PAID BEFORE THE FIRST DAY OF APRIL OF THE YEAR TO
WHICH IT RELATES.
(2) WHERE THE RENEWAL FEE IS NOT PAID BEFORE THE DUE DATE, THE 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.
28.
AN ARCHITECT SHALL, ON PAYMENT OF SUCH FEE AS MAY BE PRESCRIBED BY RULES, BE
ENTITLED TO HAVE ENTERED IN THE REGISTER ANY FURTHER RECOGNISED QUALIFICATION
WHICH HE MAY OBTAIN.
CHAPTER IV MISCELLANEOUS
36.
IF ANY PERSON WHOSE NAME IS NOT FOR THE TIME BEING ENTERED IN THE REGISTER
FALSELY REPRESENTS THAT IT IS SO ENTERED, OR USES IN CONNECTION WITH HIS NAME OR
TITLE ANY WORDS OR LETTERS REASONABLY CALCULATED TO SUGGEST THAT HIS NAME IS
SO ENTERED, HE SHALL BE PUNISHABLE WITH FINE WHICH MAY EXTEND TO ONE
THOUSAND RUPEES.
37.
(1) AFTER THE EXPIRY OF ONE YEAR FROM THE DATE APPOINTED* UNDER SUB-SECTION (2)
OF SECTION 24, NO PERSON OTHER THAN A REGISTERED ARCHITECT, OR A FIRM OF
ARCHITECTS SHALL USE THE TITLE AND STYLE OF ARCHITECT:
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.
(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.
38.
IF ANY PERSON WHOSE NAME HAS BEEN REMOVED FROM THE REGISTER FAILS WITHOUT
SUFFICIENT CAUSE FORTHWITH TO SURRENDER HIS CERTIFICATE OF REGISTRATION, HE
SHALL BE PUNISHABLE WITH FINE WHICH MAY EXTEND TO ONE HUNDRED RUPEES, AND, IN
THE CASE OF A CONTINUING FAILURE, WITH AN ADDITIONAL FINE WHICH MAY EXTEND TO
TEN RUPEES FOR EACH DAY AFTER THE FIRST DURING WHICH HE HAS PERSISTED IN THE
FAILURE.
39.
(1) NO COURT SHALL TAKE COGNIZANCE OF ANY OFFENCE PUNISHABLE UNDER THIS ACT,
EXCEPT UPON COMPLAINT MADE BY ORDER OF THE COUNCIL OR A PERSON AUTHORISED IN
THIS BEHALF BY THE COUNCIL.
(2) NO MAGISTRATE OTHER THAN A PRESIDENCY MAGISTRATE OR A MAGISTRATE OF THE
FIRST CLASS SHALL TRY ANY OFFENCE PUNISHABLE UNDER THIS ACT.
40.
(1) THE COUNCIL SHALL FURNISH SUCH REPORTS, COPIES OF ITS MINUTES, AND OTHER
INFORMATION TO THE CENTRAL GOVERNMENT AS THAT GOVERNMENT MAY REQUIRE.
(2) THE CENTRAL GOVERNMENT MAY PUBLISH, IN SUCH MANNER AS IT MAY THINK FIT, ANY
REPORT, COPY OR OTHER INFORMATION FURNISHED TO IT UNDER THIS SECTION.
41.
NO SUIT, PROSECUTION OR OTHER LEGAL PROCEEDING SHALL LIE AGAINST THE CENTRAL
GOVERNMENT, THE COUNCIL OR ANY MEMBER OF THE COUNCIL, THE EXECUTIVE
COMMITTEE OR ANY OTHER COMMITTEE OR OFFICERS AND OTHER EMPLOYEES OF THE
COUNCIL FOR ANYTHING WHICH IS IN GOOD FAITH DONE OR INTENDED TO BE DONE
UNDER THIS ACT OR ANY RULE OR REGULATION MADE THEREUNDER.
42.
THE MEMBERS OF THE COUNCIL AND OFFICERS AND OTHER EMPLOYEES OF THE COUNCIL
SHALL BE DEEMED TO BE PUBLIC SERVANTS WITHIN THE MEANING OF SECTION 21 OF THE
INDIAN PENAL CODE.
43.
(1) IF ANY DIFFICULTY ARISES IN GIVING EFFECT TO THE PROVISIONS OF THIS ACT, THE
CENTRAL GOVERNMENT MAY, BY ORDER PUBLISHED IN THE OFFICIAL GAZETTE, MAKE SUCH
PROVISIONS, NOT INCONSISTENT WITH THE PROVISIONS OF THIS ACT, AS APPEAR TO IT TO
BE NECESSARY OR EXPEDIENT FOR REMOVING THE DIFFICULTY: PROVIDED THAT NO SUCH
ORDER SHALL BE MADE UNDER THIS SECTION AFTER THE EXPIRY OF TWO YEARS FROM THE
DATE OF COMMENCEMENT OF THIS ACT.
(2) EVERY ORDER MADE UNDER THIS SECTION SHALL, AS SOON AS MAY BE AFTER IT IS
MADE, BE LAID BEFORE EACH HOUSE OF PARLIAMENT AND THE PROVISIONS OF SUBSECTION
(3) OF SECTION 44 SHALL APPLY IN RESPECT OF SUCH ORDER AS IT APPLIES IN RESPECT OF A
RULE MADE UNDER THIS ACT.