THE ARCHITECTS ACT, 1972

PRESENTED BY: JALAJ AGARWAL KOMAL JINDAL PRASHANT SINGH SHEENA GUPTA

THE ARCHITECTS ACT, 1972.

The Architects Act of 1972 came into force on 1st September 1972. It has following objectives as mentioned in the preamble: 1) To prepare a register of qualified Architects on the basis of a schedule of approved qualifications to safeguard the interest of common man. 2) To regulate the profession of Architects by evolving a "Code of Ethics" and by laying down minimum standards of architectural education in India. Since Independence in 1947, building construction activity in India has expanded on a phenomenal scale. Many unqualified persons calling themselves as Architects are undertaking construction of buildings which are uneconomical and unsafe; thus bringing into disrepute to the profession of Architects. With the passing of this legislation, it will be unlawful for any person to designate himself as Architect unless he has requisite qualification and is registered under the Act

FEATURES :
A corporate body known as Council of Architecture" is created. It has powers for registration of Architects. It enrolls persons holding recognized degree or diploma in Architecture; or persons who have been practicing as Architects for a period of 5 years before September I, 1972. It recommends to Government additional qualifications acceptable for registration. It holds enquiries into the misconduct of Architects and takes suitable action. It prescribes minimum standards of education and training of Architects in India. This Act protects the title "Architect" but does not make the design, supervision and construction of buildings as an exclusive responsibility of Architects. Other professionals like Engineers may engage themselves in their normal vocation in respect of building construction work provided they do not style themselves as Architects.

CHAPTERS
The act consists of four chapters and a schedule that includes Chapter I: This chapter contains the short title of the Act- viz Architects Act. 1972 and definitions of words such as Architect, Council of Architecture, Indian Institute of Architects, etc. Chapter II: This chapter deals with Council of Architecture, its office bearers, their election, meetings of the Council, formation of committees, officers and staff of COA, its finances, recognition of architectural qualifications and of architectural institutions. Chapter III: This chapter deals with the procedure for registration of Architects, preparation of Register, fees for initial registration, renewal, re-instatement, removal from register, procedure for inquiries relating to misconduct etc. Chapter IV: This chapter deals with matters such as penalty for claiming to be registered, prohibition against the use of title "Architect", powers of Central Government to make rules, power of Council to make regulations, etc.

SCHEDULE :
This schedule contains recognized Indian Degrees and Diplomas in Architecture and some recognized qualifications in other countries. Summarizing the whole document of Architects Act, 1972, it requires following: (a) "Architect" means a person whose name is for the time being entered in the register. (b) "Council" means the Council of Architecture constituted under section 3. (c) "Indian Institute of Architects" means the Indian Institute of Architects registered under the Societies Registration Act. 1860. (d) "Recognized 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.

COUNCIL OF ARCHITECTURE
Constitution Council of Architecture, a body constituted by the central government, is body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and may by that name sue or be sued. The Head Office of the Council is situated in Delhi or at such other place as the Central Government, by notification in the Official Gazette, specifies. The Council consists of the following members, namely five architects possessing recognized qualifications elected by the Indian Institute of Architects from among its members;

 Two persons nominated by the All India Council for Technical Education established by the Resolution of the Government of India in the late Ministry of Education NO.F. 16-10/44-E.III, dated the 30th November, 1945. Five persons elected from among themselves by heads of architectural institutions in India imparting full-time instruction for recognized qualifications. The Chief Architects in the Ministries of the Central Government to which the Government business relating to defense and railways has been allotted and the head of the Architectural Organization in the Central Public Works Department, ex official. One person nominated by the Central Government. An architect from each State nominated by the Government of that State. Two persons nominated by the Institution of Engineers (India) from among its members. One person nominated by the Institution of Surveyors of India from among its members.

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

ELECTIONSA 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.

TERMS OF OFFICE AND CASUAL VACANCIESAn 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

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.

EXECUTIVE COMMITTEE AND OTHER COMMITTEES.The Executive Committee is constituted of members of Council itself, The Executive Committee consists of the President and the VicePresident 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.