THE ARCHITECTS ACT, 1972* ___________________________________ *Published in the Gazette of India on 31.05.1972. [31st May, 1972]No amendment is required.
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 :-No amendment is required.

CHAPTER I

 

PRELIMINARY

PRELIMINARY

1. (1) This Act may be called the Architects Act, 1972.In section 1, no amendment is required.
(2) It extends to the whole of India. 
(3) It shall come in to force on such date as the Central Government may, by notification in the Official Gazette, appoint. 
2. In this Act, unless the context otherwise requires, -2. In this Act, unless the context otherwise requires :
(a) “architect” means a person whose name is for the time being entered in the register;(a) No amendment is required.
  (aa) “architectural services” include selling, rendering or supplying for gain or reward any architectural plan, drawings, tracing or the like for use in the construction, enlargement or alteration of any building or part thereof, OR, being in responsible control of professional services which require the planning of sites or the design, in whole or in part, of buildings or groups of buildings.
 (ab) “building byelaws” include all municipal building byelaws as defined in various municipalities / municipal acts notified by central and state governments all over India.
  (ac) “Certificate of Practice” in relation to a Practicing Architect, means an annual certificate issued under section 26A authorizing to engage in the practice of architecture in India.
  (ad) “Certificate of Registration” means the Certificate of Registration issued under section 23 of this Act.
(b) “Council” means the Council of Architecture constituted under Section 3;(b) “Council” means the Council of Architecture, India constituted under Section 3 ;
 (ba) “Firm of Architects” means a Firm as defined in the Indian Partnership Act 1932; such that all partners are Practicing Architects as defined in section 2(ce) of this Act.
(c) “Indian Institute of Architects” means the Indian Institute of Architects registered under the Societies Registration Act, 1860;(c) No amendment is required.
 (ca) “Limited Liability Partnership of Architects” means a Limited Liability Partnership(LLP) formed and registered under the provisos of the Limited Liability Partnership Act of 2008 (No 6 of 2009) in which all such partners are Practicing Architects as defined in section 2(ce) of this Act.
 (cb) “Municipality(s)” has the same meaning as defined in article 243(P) of the Constitution of India, as amended from time to time.
 (cc) “Planning/Development Authority(s)” includes urban development authorities all over India as may be created under various state and central urban development laws.
 (cd) practice of architecture” within the meaning and intent of this Act, includes offering, selling, rendering or supplying architectural services as defined in section 2(aa) of this Act.
 (ce) “Practicing Architect” within the meaning and intent of this Act means an Architect holding a valid Certificate of Practice.
  (ce) “professional examination” means an examination conducted by the Council for granting Certificate of Practice.
(d) “recognised qualification” means any qualification in architecture for the time being included in the Schedule or notified under section 15;(d) No amendment is required.
(e) “register” means the register of architects maintained under section 23;(e) No amendment is required.
(f) “regulation” means a regulation made under this Act by the Council;(f) No amendment is required.
(g) ”rule” means a rule made under this Act by the Central Government.(g) No amendment is required.

CHAPTER II

 

COUNCIL OF ARCHITECTURE

COUNCIL OF ARCHITECTURE, INDIA

3. (1) The Central Government shall, by notification in the Official Gazette, constitute, with effect from such date as may be specified in the notification, a Council to be known as the Council of Architecture, which shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and may by that name sue or be sued.3.(1) The Central Government shall, by notification in the Official Gazette, constitute, with effect from such date as may be specified in the notification, a Council to be known as the Council of Architecture, India, which shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and may by that name sue or be sued.
(2) The Head Office of the Council shall be at Delhi or at such other place as the Central Government may, by notification in the Official Gazette, specify.(2) No amendment is required.
(3) The Council shall consist of the following members, namely:-(3) No amendment is required.
(a) five architects possessing recognized qualifications elected by the Indian Institute of Architects from among its members;(a) No amendment is required.
  (aa) Ten architects possessing recognized qualifications elected by all the members of Indian Institute of Architects from among themselves.
(b) two persons nominated by the All India Council for Technical Education established by the Resolution of the Government of India in the late Ministry of Education No.F.16-10/44-E.III, dated the 30th November, 1945;(b) One person nominated by the All India Council for Technical Education established the All India Council for Technical Education Act, 1987 (No.52 of 1987)];
(c) five persons elected form among themselves by heads of architectural institutions in India imparting full-time instruction for recognised qualifications;(c) Ten Architects elected form among themselves by heads of architectural institutions in India imparting full-time instruction for recognised qualifications;
 Provided that wherever institutions imparting full-time instruction for recognised qualifications in architecture functioning as a Department of Architecture, only the Heads of Department of Architecture shall be eligible for the purpose of elections under this Act.
(d) the Chief Architects in the Ministries of the Central Government to which the Government business relating to defence and railways has been allotted and head of the Architectural Organization in the Central Public Works Department, ex officio;(d) No amendment is required;
(e) one person nominated by the Central Government;(e) No amendment is required;
(f) an architect from each State nominated by the Government of that state;(f) An Architect heading Architectural Organisation, from each of State Government / Union Territory in India, ex-officio;
(g) two persons nominated by the Institution of Engineers (India) from among its members; and(g) No amendment is required;
(h) one person nominated by the Institution of Surveyors of India from among its members.(h) No amendment is required.
Explanation.- For the purposes of this sub-section,-Explanation.- For the purposes of this sub-section, -
(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 chapter in 1935.(a) No amendment is required.
(b) “Institution of Surveyors of India” means the Institution of surveyors registered under the Societies Registration Act, 1860.(b) No amendment is required.
(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.(4) No amendment is required.
(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.(5) No amendment is required.
4. (1) The President and the Vice-President of the Council shall be elected by the members of the Council from among themselves:4. (1) No amendment is required.
Provided that on the first constitution of the Council and until the President is elected, a member of the Council nominated by the Central Government in this behalf shall discharge the functions of the President. 
(2) An elected President or Vice-President of the Council shall hold office for a term of three years or till he ceases to be a member of the Council, whichever is earlier, but subject to his being a member of the Council, he shall be eligible for re-election:(2) No amendment is required.
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;(a) No amendment is required.
(b) 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.(b) No amendment is required.
(3) The President and the Vice-President of the Council shall exercise such powers and discharge such duties as may be prescribed by the regulations.(3) No amendment is required.
 (4) The process of election of President and Vice-President shall be initiated by the Council six months before the expiry of their term.
  Provided that in an extraordinary situation if the election cannot be held prior to the expiry of the term of the President and Vice-President, they may continue, upto a maximum period of six months, within which the election for the office of President and Vice-President must be completed;”
5. (1) Elections under this Chapter shall be conducted in such manner as may be prescribed by rules.5. (1) No amendment is required.
(2) Where any dispute arises regarding any such election, the matter shall be referred by the Council to a Tribunal appointed by the Central Government by notification in the Official Gazette in this behalf, and the decision of the Tribunal shall be final:(2) No amendment is required.
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.No amendment is required.
(3) The expenses of the Tribunal shall be borne by the Council.(3) No amendment is required.
6. (1) Subject to the provisions of this section, an elected or nominated member shall hold office for a term of three years from the date of his election or nomination or until his successor has been duly elected or nominated whichever is later.6. (1) No amendment is required.
(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.(2) No amendment is required.
(3) A member shall be deemed to have vacated his seat –(3) No amendment is required.
(i) if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive ordinary meetings of the Council; or(i) No amendment is required.
(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(ii) No amendment is required.
(iii) in the case where he has been elected under clause(c) of sub-section (3) of section 3, if he ceases to hold his appointment as the head of an Institution referred to in the said clause.(iii) No amendment is required.
(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.(4) No amendment is required.
(5) Members of the Council shall be eligible for re-election or re-nomination, but not exceeding three consecutive terms.(5) Members of the Council shall be eligible for re-election or re-nomination, but not exceeding two consecutive terms.
7. No act or proceeding of the Council or the Executive Committee or any other Committee shall be invalid merely by reason of –7. No amendment is required.
(a) any vacancy in, or defect in the constitution of the Council, the Executive Committee or any other committee, or(a) No amendment is required.
(b) any defect in the election or nomination of a person acting as a member thereof, or(b) No amendment is required.
(c) any irregularity in procedure not affecting the merits of the case.(c) No amendment is required.
8. A person shall not be eligible for election or nomination as a member of the Council, if he –8. No amendment is required.
(a) is an undischarged insolvent; or(a) No amendment is required.
(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.(b) No amendment is required.
9. (1) The Council shall meet at least once in every six months at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations.9. (1) No amendment is required.
(2) Unless otherwise prescribed by regulations, nine members of the Council shall form a quorum, and all the acts of the Council shall be decided by a majority of the members present and voting.(2) No amendment is required.
(3) In the case of an equal division of votes, the President, or in his absence, the Vice-President or, in the absence of both, the member presiding over the meeting, shall have and exercise a second or casting vote.(3) No amendment is required.
10. (1) The Council shall constitute from among its members an Executive Committee, and may also constitute other committees for such general or special purposes as the Council deems necessary to carry out its functions under this Act.10. (1) No amendment is required.
(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.(2) No amendment is required.
(3) The President and the Vice-President of the Council shall be the Chairman and Vice-Chairman respectively of the Executive Committee.(3) No amendment is required.
(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.(4) No amendment is required.
(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.(5) No amendment is required.
  (6) The process of election of Executive Committee members shall be initiated six months before the expiry of their term.
  Provided that in an extraordinary situation if the election cannot be held prior to the expiry of the term of the President and Vice-President, they may continue, upto a maximum period of six months, within which the election for the office of President and Vice-President must be completed;”
11. The President, the Vice-President and other members of the Council shall be entitled to such fees and allowances as the Council may, with the previous sanction of the Central Government, fix in this behalf.11.No amendment is required.
12. (1) The Council shall –12.(1) The Council shall –
(a) appoint a Registrar who shall act as its Secretary and who may also act, if so decided by the Council, as its treasurer;(a) No amendment is required.
(b) appoint such other officers and employees as the Council deems necessary to enable it to carry out its functions under this Act;(b) No amendments required;
(c) with the previous sanction of the Central Government, fix the pay and allowances and other conditions of service of officers and other employees of the Council.(c) Fix the pay and allowances and other conditions of service of officers and other employees of the Council.
(2) Notwithstanding anything contained in clause(a) of sub-section(1), for the first three years from the first constitution of the Council, the Registrar of the Council shall be a person appointed by the Central government, who shall hold office during the pleasure of the Central Government.(2) No amendment is required.
(3) All the persons appointed under this section shall be the employees of the Council.(3) No amendment is required.
13. (1) There shall be established a Fund under the management and control of the Council into which shall be paid all moneys received by the Council and out of which shall be met all expenses and liabilities properly incurred by the Council.13. (1) No amendment is required.
(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.(2) No amendment is required.
(3) The Council shall keep proper accounts of the Fund distinguishing capital from revenue.(3) No amendment is required.
(4) The annual accounts of the Council shall be subject to audit by an auditor to be appointed annually by the Council.(4) No amendment is required.
(5) As soon as may be practicable at 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.(5) No amendment is required.
(6) The Fund shall consist of –(6) No amendment is required.
(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. 
(7) All moneys standing at the credit of the Council which cannot be 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.(7) No amendment is required.
14. (1) The qualifications included in the schedule or notified under section 15 shall be recognised qualifications for the purposes of this Act.14. (1) No amendment is required.
(2) Any authority in India which grants an architectural qualification not included in the schedule may apply to the 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.(2) No amendment is required.
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. 
15.(1) The Central Government may, after consultation with the Council, direct, by notification in the Official Gazette, that an architectural qualification granted by any university or other institution in any country outside India in respect of which a scheme of reciprocity for the recognition of architectural qualification is not in force, shall be a recognised qualification for the purposes of this Act or, shall be so only when granted after a specified date or before a specified date :15. (1) No amendment is required.
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.(2) No amendment is required.
16. Notwithstanding anything contained in sub-section (2) of section 14, the Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the schedule by directing that an entry be made in respect of any architectural qualification.16. No amendment is required.
17. Notwithstanding anything contained in any other law, but subject to the provisions of this Act, any recognised qualification shall be a sufficient qualification for enrolment in the register.17. Notwithstanding anything contained in any other law, but subject to the provisions of this Act, any recognized qualification shall be a sufficient qualification for appearing in the Professional Examination as may be conducted by the Council for enrolment in the register.
18. Every authority in India which grants a recognised qualification shall furnish such information as the Council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification,.18. (a) Every authority or institution in India which grants a recognized qualification shall seek prior approval of the Council with intake to commence a recognized qualification and for continuation of the same from time to time.
  (b) The Council, may seek information from any such authority or institution as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification and any other information as may be found relevant by the Council.
19. (1) The Executive Committee shall, subject to regulations, if any, made by the Council, appoint such number of inspectors as it may deem requisite to inspect any college or institution where architectural education is given or to attend any examination held by any college or institution for the purpose of recommending to the Central Government recognition of architectural qualifications granted by that college or institution.19. (1) The Executive Committee shall, subject to regulations, if any, made by the Council, upon receipt of inspection charges from the concerned institution, as may prescribe by the Council, appoint such number of inspectors as it may deem requisite to inspect any college or institution where architectural education is given or is proposed to be given or to attend any examination held by any college or institution for the purpose of recommending to the Central Government recognition of architectural qualifications granted by that college or institution.
(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.(2) The inspectors shall not interfere with the conduct of classes and any training or examination, but shall report to the Executive Committee on the adequacy of the standards of architectural education including admissions to the course, staff, equipment, accommodation, training qualifications of faculty 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.(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 appropriateGovernment.
20.(1) When upon report by the Executive Committee it appears to the Council -20.(1) When upon report by the Executive Committee it appears to the Council -
(a) that the courses of study and examination to be undergone in, or the proficiency required from the candidates at any examination held by, any college or institution, or(a) that the courses of study and examination to be undergone in, or the proficiency required from the 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,(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.do not conform to the standards prescribed by regulations, the Council may suspend such institution from admitting further students for a maximum period of 1 year and shall further make a representation to that effect to the appropriate Government and also Central 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.(2) After considering such representation the appropriate Government shall forward it along with such remarks as it may choose to make within 30 days of receipt of such representation to the college or institution concerned, with an intimation that the college or institution, as the case may be, may submit its explanation to the appropriate Government within the next 30 days.
(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.(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 within 15 days after expiry of period prescribed under sub-section (2).
(4) 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(a) after making such further enquiry within 30 days of receipt of recommendations of appropriate Government, 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,(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 qualification 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.shall, by notification in the Official Gazette, direct that an entry shall be made in the Schedule against the architectural qualification 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 and such institution shall not impart such qualification.
(5) For the purposes of this section, “appropriate Government” means –(5)
(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(a) No amendment is required.
(b) in any other case, the State Government .(b) No amendment is required.
21. The Council may prescribe the minimum standards of architectural education required for granting recognised qualifications by colleges or institutions in India.21. (1) The Council may prescribe the minimum standards of architectural education required for granting recognised qualifications by colleges or institutions or other authorities in India, which shall be binding on them.
 (2) The Council may rank or accredit the institutions as per the standards prescribed by it.
22.(1) The Council may by regulations prescribe standards of professional conduct and etiquette and a code of ethics for architects.22.(1) The Council may by regulations prescribe standards of professional conduct and etiquette and a code of ethics for architects, architectural firms and limited liability partnerships.
(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.(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 of an Architect, architectural firm, limited liability partnership of Architects and such provision shall have effect notwithstanding anything contained in any law for the time being in force.

CHAPTER III

 

REGISTRATION OF ARCHITECTS

REGISTRATION OF ARCHITECTS

23. (1) The Central Government shall, as soon as may be, cause to be prepared in the manner hereinafter provided a register of architects for India.23. (1) No amendment is required.
(2) The Council shall upon its constitution assume the duty of maintaining the register in accordance with the provisions of this Act.(2) No amendment is required.
(3) The register shall include the following particulars, namely:-(3)
(a) the full name with date of birth, nationality and residential address of the architect ;(a) No amendment is required.
(b) his qualification for registration, and the date on which he obtained that qualification and the authority which conferred it ;(b) No amendment is required.
(c) the date of his first admission to the register;(c) No amendment is required.
(d) his professional address ; and(d) No amendment is required.
(e) such further particulars as may be prescribed by rules.(e) No amendment is required.
 23A.(1) The Council shall prepare a listing of “Firm of Architects” as well as “LLP’s of Architects” for India as may be prescribed by Rules.
  (2) The council shall prescribe Regulation for renewal, suspension, cancelation or any other related matter with respect to Certificates of Registration and Certificates of Practice, as issued by the council under the provisos of this act.
24. (1) For the purposes of preparing the register of architects for the first time, the Central Government shall, by notification in the Official Gazette, constitute a Registration Tribunal consisting of three persons who have, in 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.24. (1) No amendment is required.
(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.(2) No amendment is required.
(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.(3) No amendment is required.
(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.(4) No amendment is required.
(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.(5) No amendment is required.
(6) The Registrar shall amend, where necessary, the register in accordance with the decisions of the authority appointed under sub-section (4).(6) No amendment is required.
(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.(7) No amendment is required.
(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.(8) No amendment is required.
25. A person shall be entitled on payment of such fees 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 –25. A person shall be entitled on payment of such fees as may be prescribed by rules to have his name entered in the register, if he resides and carries on the profession of architect in India and –
(a) holds a recognised qualification, or(a) holds a recognised qualification and has passed the Professional Examination conducted by the Council.
(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(b) No amendments required.
(c) possesses such other qualifications as may be prescribed by rules :(c) No amendments required;
Provided that no person other than a citizen of India shall be entitled to registration by virtue of a qualification –No amendment is required.
(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(a) No amendment is required.
(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.(b) No amendment is required.
 25A. A person who holds a valid Certificate of Registration issued by the Council shall:
 a. Be entitled to use the title of architect, and
 b. Seek employment as an Architect in both public and private sector, including the state and central government.
 Provided that a person who holds a valid Certificate of Registration shall be permitted to practice architecture only after he receives a Certificate of Practice from the Council as per Section 26A of this Act.
 25B. Notwithstanding anything contained in any law, bye-law, regulation of any development authority, municipal authority, local body, etc.an architect registered under this shall be entitled to practice architecture throughout the country and shall not require any further registration.
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.26. (1) No amendment is required.
(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 thereon the name of the applicant :(2) No amendment is required.
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.(3) No amendment is required.
(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 the rules.(4) No amendment is required.
 26A. Certificate of Practice (COP)
 The Council shall within six months from the date of notification of this amendment in the Official Gazette by the Central Government; cause to be prepared in a manner prescribed by Regulations, a system of issuing Certificates of Practice to Architects.
 (1) Only an Architect who holds a valid Certificate of Practice (COP) shall be entitled:
 a. To represent himself and sign as a Practicing Architect on drawings, plans or the like, documents including certificates and applications made to Municipalities, Planning/Development Authorities and other statuary bodies in India.
 b. To be partner in Firm of Architects or an LLP of Architects.
 c. To represent himself as a Practicing Architect in Courts, Municipalities, Planning/Development Authorities and any other statuary authorities in India.
 (2) The Council shall issue a Certificate of Practice to an Architect only after the Architect has-
 a. Been employed for a minimum of 24 months, by any other architect(s) who hold(s) a valid Certificate of Practice issued by the Council, provided that the employer architect(s) has held a valid Certificate of Practice for a minimum of 5 years, or
 b. Received a recognized post graduate degree in architecture with course duration of minimum of 24 months; and
 c. Supplied all professional information as may be requested by the Council or as prescribed by Regulations.
 (3) Certificate of Practice shall be valid till the 31st day of December of each calendar year and the holder of a Certificate of Practice shall apply for a renewal within 30 days of its expiry every year.
 (4) The Council may prescribe regulations to enable the Council to :
 a. seek information, including information related to educational qualifications, location for professional address, financial solvency of the Architect seeking Certificate of Practice.
 b. Prescribe fees for the purpose of issuance of Certificates of Practice to Architects.
 (5) The Council may, by order, refuse to issue a certificate of practice if:
 a. The council is not satisfied that the applicant(s) has supplied truthful data in his application or has suppressed a material fact, or
 b. The applicant(s) is an un-discharged insolvent ,or
 c. That he has been convicted of any offence which, in the opinion of the Council, involves moral turpitude, or
 d. That he has been adjudged by a competent court to be of unsound mind.
 (6) Subject to the provisions of this section, the Council may order that the name of any architect shall be removed from the listing of the certificate of practice 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 listing 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 the applicant(s) is an un-discharged insolvent ,or
 d. That he has been adjudged by a competent court to be of unsound mind.
 (7) An architect who holds a valid Certificate of Practice may return his Certificate of Practice at will along with stated reasons of such a return, provided that in the event of him requesting another Certificate of Practice, the Council shall issue a second certificate/renewed Certificate of Practice only after the architect has met the requirements prescribed in the section 26A (2) above.
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.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 or one-time payment 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 :(2) No amendment is required.
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.(3) No amendment is required.
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.28. No amendment is required.
29. (1) The Council may, by order, remove from the register the name of any architect –29. (1) No amendment is required.
(a) from whom a request has been received to that effect, or(a) No amendment is required.
(b) who has died since the last publication of the register.(b) No amendment is required.
(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, -(2) No amendment is required.
(a) that his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact; or(a) No amendment is required.
(b) that he has been convicted of any offence which, in the opinion of the Council, involves moral turpitude; or(b) No amendment is required.
(c) that he is an undischarged insolvent; or(c) No amendment is required.
(d) that he has been adjudged by a competent court to be of unsound mind.(d) No amendment is required.
(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 for such period as may be specified.(3) No amendment is required.
(4) An order under sub-section (2) shall not take effect until the expiry of three months from the date thereof.(4) No amendment is required.
30. (1) When on receipt of a complaint made to it, the Council is of opinion that any architect has been guilty of professional misconduct which, if proved, will render him unfit to practise as an architect, the Council may hold an inquiry in such manner as may be prescribed by rules.30.(1) No amendment is required.
(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.(2) No amendment is required.
 (3) Appeal to the High Court.—Any person aggrieved by an order made by the Council under Section 30 may prefer an appeal to the Division Bench of a High Court and the Court may pass such order including an order varying the punishment awarded by the Council thereon as it deems fit:
 Provided that no order of the Council shall be varied by the High Court so as to prejudicially affect the person aggrieved without giving him a reasonable opportunity of being heard.
31. A person whose name has been removed from the register under sub-section (2)of section 27, sub-section (1) or sub-section(2) of section 29 or sub-section (2) of section 30, or where such person is dead, his legal representative, as defined in clause (11) of section 2 of the Code of Civil Procedure, 1908, shall forthwith surrender his certificate of registration to the Registrar, and the name so removed shall be published in the Official Gazette.31. No amendment is required.
32. The Council may, at any time, for reasons appearing to it be sufficient and subject to the approval of the Central Government, order that upon payment of such fee as may be prescribed by rules, the name of the person removed from the register shall be restored thereto.32. No amendment is required.
33. Where it is shown to the satisfaction of the Registrar that a certificate of registration has been lost or destroyed, the Registrar may, on payment of such fee as may be prescribed by rules, issue a duplicate certificate in the form prescribed by the rules.33. No amendment is required.
34. As soon as may be after the Ist day of April in each year, the Registrar shall cause to be printed copies of the register as it stood on the said date and such copies shall be made available to persons applying therefor on payment of such fee as may be prescribed by rules and shall be evidence that on the said date the persons whose names are entered therein were architects.34. As and when required, the Registrar shall cause to print or publicise electronic copies of the register as it stood on the date and such copies shall be made available to persons applying therefor on payment of charges prescribed by the Council.
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 architect registered under this Act.35. (1) No amendment is required.
(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.(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 or a firm of architects or limited liability of architects shall be appointed 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 of State Government, for carrying out architectural services.
 (3) Every architect appointed in the services of Central/ State Government/ Union Territories and other authorities established by law may exercise such duties and functions as prescribed by the Council from time to time.
 (4) The Council shall by regulations prescribe methods for holding of competitions for architects and for rendering architectural services by architects, Firm of architects and LLP of architects.
 (5) Notwithstanding anything contained in any other law but subject to the provisions of this Act, Regulations prescribed by the council under section 35(4) shall effect over any other law in force.

CHAPTER IV

 

MISCELLANEOUS

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.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 Five lakh 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 :37. (1) Except as otherwise provided in this Act, no person shall, after a period of three months from the date of notification of this amendment be entitled to render architectural services or practice architecture unless he is issued a Certificate of Practice under section 26(A) of this act.
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”;(a) No amendment is required.
(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.(b) No amendment is required.
Explanation – For the purposes of clause (a), - 
(i) “landscape architect” means a person who deals with the design of open spaces relating to plants, trees and landscape;(i) No amendment is required.
(ii) “naval architect” means an architect who deals with design and construction of ships.(ii) No amendment is required.
(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.(2) Except as otherwise provided in this act, or any other law for the time being in force, no entity other than registered architect, or a Firm of Architect, or an LLP of architects shall use the title and style of architect, provided that the provisions of this section shall not apply to
 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” or “golf course 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 purposes 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.
 (iii) “golf course architect” means a person who deals with design of Golf Courses.
 (3) If any person contravenes the provisions of above sub-sections, he shall be punishable on first conviction with fine which may extend to five lakh rupees and on any subsequent conviction with imprisonment which may extend to five years or with fine not exceeding ten lakh rupees or with both.
 (4) Notwithstanding anything contained in any law for the time being in force, no person, municipality or planning/ development authority, or local body or any other statuary authority created under any other law shall have power to license or to designate a person as an Architect or to enable him to undertake architectural services.
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.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 ten thousand rupees, and, in the case of a continuing failure, with an additional fine which may extend to one hundred 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.39. (1) No amendment is required.
(2) No Magistrate other than a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.(2) No amendment is required.
40. (1) The Council shall furnish such reports, copies of its minutes, and other information to the Central Government as that Government may require.40. (1) No amendment is required.
(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.(2) No amendment is required.
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.41.No amendment is required.
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.42. No amendment is required.
 42A. Notwithstanding anything contained in the Wealth-tax Act, 1957 (27 of 1957), the Income-tax Act, 1961 (43 of 1961), or any other enactment for the time being in force relating to tax on wealth, income, profits or gains, the Council shall not be liable to pay wealth tax, income tax or any other tax in respect of its wealth, income, profits or gains derived.
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 :43. (1) No amendment is required.
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.(2) No amendment is required.
 "43A. In the discharge of its functions under this Act, the Council shall be guided by such directions on questions of policy relating to national purposes as may be given to it by the Central Government.
 Provided that the Council shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.
 43B. (1) Whenever it appears to the Central Government that the Council is not complying with any of the provisions of this Act, Rules and Regulations framed thereunder, or the directions issued by the Central Government under Section 43A, the Central Government may, if it think so after having afforded an opportunity to the Council to make its views, appoint a Commission of Enquiry consisting of three persons, two of whom shall be appointed by the Central Government one being the Judge of a High Court, and one by the Council; and refer to it the matters on which the enquiry is to be made.
  (2) The Commission shall proceed to enquire in such manner as it may deem fit and report to the Central Government on the matters referred to it together with such remedies, if any, as the Commission may like to recommend.
  (3) After the report is finally accepted, the Central Government may forward the same to the Council to adopt the remedies so recommended within such time as may be specified in the direction.
44. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.44. (1) No amendment is required.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely : -(2) No amendment is required.
(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;(a) No amendment is required.
(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;(b) No amendment is required.
(c) the particulars to be included in the register of architects under sub-section (3) of section 23;(c) the particulars to be included in the register of architects under sub-section (3) of section 23 and 23A;
(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.(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 and Certificate of Practice to be issued under Section 26A.
(e) the fee to be paid under sections 24, 25, 26, 27, 28 , 32 and 33;(e) the fee to be paid under sections 24, 25, 26, 26A, 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;(f) No amendment is required.
(g) the manner of endorsement under sub-section (3) of section 27;(g) No amendment is required.
(h) the manner in which the Council shall hold an enquiry under section 30;(h) No amendment is required.
(i) the fee for supplying printed copies of the register under section 34.(i) No amendment is required.
(j) any other matter which is to be or may be provided by rules under this Act.(j) No amendment is required.
 (k) Fees for filing complaints for professional misconduct against Architects.
(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.(3) No amendment is required.
45. (1) The Council may, with the approval of the central Government, *[by notification in the Official Gazette] make regulations not inconsistent with the provisions of this Act, or the rules made thereunder to carry out the purposes of this Act.45. (1) No amendment is required.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for –(2) No amendment is required.
(a) the management of the property of the Council;(a) No amendment is required.
(b) the powers and duties of the President and the Vice-President of the Council;(b) No amendment is required.
(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.(c) No amendment is required.
(d) the functions of the Executive Committee or of any other committee constituted under section 10;(d) No amendment is required.
(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;(e) establishment of an institution, syllabus, 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, and penalty for non-adherence to minimum standards or malpractices of any nature by any institution.
(f) the appointment, powers and duties of inspector(f) No amendment is required.
(g) the standards of staff, equipment, accommodation, training and other facilities for architectural education;(g) Minimum Qualification and experience for faculty members, the standards of staff, equipment, accommodation, training and other facilities for architectural education including grant of intake, period of approval etc.
(h) the conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations;(h) the conduct of Aptitude Test, professional examinations, qualifications of examiners, manner and mode and place of examination 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;(i) the standards of professional conduct and etiquette and code of ethics to be observed by architects and architectural firms and companies.
(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.(j) No amendment is required.
 (k) prescribe the minimum standards for postgraduate and other higher level courses in architecture;
 (l) for ranking or accreditation of architectural courses offered by institutions.
 (m) Compulsory minimum hours to be spent for teaching in recognized architectural institutions.
 (n) Setting out duties and functions of Architects in government services.
 (o) Prescribing procedure for appointment of Practising Architects by government agencies.
 (p) Promoting research and innovative techniques in Architecture.
* (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 to the regulation or both Houses agree that the regulation should not be made, the regulations 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 regulation.(3) No amendment is required.