1. The Architects Act, 1972

2. PRACTICE ARCHITECT’S ACT, 1972 The Council of Architecture (COA) has been constituted by the Government of India under the provisions of the Architects Act, 1972, enacted by the Parliament of India, which came into force on 1st September, 1972. The Act provides for registration of Architects, standards of education, recognized qualifications and standards of practice to be complied with by the practicing architects. The Council of Architecture is charged with the responsibility to regulate the education and practice of profession throughout India besides maintaining the register of architects. For this purpose, the Government of India has framed Rules and Council of Architecture has framed Regulations as provided for in the Architects Act, with the approval of Government of India.

3. PRACTICE ARCHITECT’S ACT, 1972 Any person desirous of carrying on the profession of 'Architect' must have registered himself with Council of Architecture. For the purpose of registration, one must possess the requisite qualification as appended to the Architects Act, after having undergone the education in accordance with the Council of Architecture (Minimum Standards of Architectural Education) Regulations, 1983. The registration with Council of Architecture entitles a person to practice the profession of architecture, provided he holds a Certificate of Registration with up-to-date renewals. The registration also entitles a person to use the title and style of Architect. The title and style of architect can also be used by a firm of architects, of which all partners are registered with COA. Limited Companies, Private/Public Companies, societies and other juridical persons are not entitled to use the title and style of architect nor are they entitled to practice the profession of architecture. If any person falsely claims to be registered or misuses title and style of architect, such acts tantamount to committing of a criminal offence, which is punishable under section 36 or 37 (2) of the Architects Act, 1972.

4. PRACTICE ARCHITECT’S ACT, 1972 The practice of profession of an architect is governed by the Architects (Professional Conduct) Regulations, 1989 (as amended in 2003), which deals with professional ethics and etiquette, conditions of engagement and scale of charges, architectural competition guidelines etc. Pursuant to these Regulations, the Council of Architecture has framed guidelines governing the various aspects of practice. An architect is required to observe professional conduct as stipulated in the Regulations of 1989 and any violation thereof shall constitute a professional misconduct, which will attract disciplinary action as stipulated under section 30 of the Architects Act, 1972.

5. PRACTICE ARCHITECT’S ACT, 1972 There are 135 institutions, which impart architectural education in India leading to recognized qualifications. The standards of education being imparted in these institutions (constituent colleges/departments of universities, deemed universities, affiliated colleges/schools, IITs, NITs and autonomous institutions) is governed by Council of Architecture (Minimum Standards of Architectural Education) Regulations, 1983, which set forth the requirement of eligibility for admission, course duration, standards of staff & accommodation, course content, examination etc. These standards as provided in the said Regulations are required to be maintained by the institutions. The COA oversees the maintenance of the standards periodically by way of conducting inspections through Committees of Experts. The COA is required to keep the Central Government informed of the standards being maintained by the institutions and is empowered to make recommendations to the Government of India with regard to recognition and de- recognition of a qualification.

6. PRACTICE ARCHITECT’S ACT, 1972 Definitions (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) "Recognised qualification" means any qualification in architecture for the time being included in the Schedule or notified under section 15; (e) "Register" means the register of architects maintained under section 23; (f) "Regulation" means a regulation made under this Act by the Council; (g) "Rule" means a rule made under this Act by the Central Government.

7. PRACTICE ARCHITECT’S ACT, 1972 What is Architects Act, 1972? The main purpose of the architects act, 1972 as given in the preamble is to provide for the registration of architects and for matters connected therewith. It has already come into force and extends to the whole India. It contains 45 sections along with one schedule. The act can briefly be studied under the following heads: 1.Use of title ”Architect” 2.Council of Architecture 3.Qualification for Registration Use of title ‘Architect’ A person is prohibited from using the title and the style of ‘Architect’ unless he is a person registered in the Register of Architects (section 37). This prohibition does not affect the use of designation as “Landscape Architect” or “Naval Architect”. Contravention will lead to fine on first conviction and on subsequent conviction with imprisonment or fine or both (section 37(2)).

8. PRACTICE ARCHITECT’S ACT, 1972 Architects’ Registration Council The Act provides for the establishment of Council of Architecture, a body cooperate consists of members from Institutions, Councils, Central and State Government nominees. The members will select Vice president and President from among them. The term of Council is for a period of three years from the date of election of members, or nomination or until the successor, as the case may be has been duly elected or nominated whichever is later. Section 14 and Schedule provide for the basic qualification for the purpose of registration. Function and Powers of Council a) Appoint registrar and such other officers and employees as are necessary to carry out its functions. b) To maintain proper account of finance. c) To maintain a registrar of architects registered under the Act, on payment of prescribed fees by the architect and to renew the registration from time-to-time. d) Remove the name of the architect from the register either on his own application or when he is dead or on account of other moral turpitudes. e) To enquire into matters relating to misconduct. f) To furnish reports, copies of minutes and the other information to Central Govt. g) Issue of registration certificate and also duplicates if necessary.

9. PRACTICE ARCHITECT’S ACT, 1972 Powers a)To acquire, hold and dispose of the property both movable and immovable. b)To enter into a contract. c)To sue or be sued. d)Powers to appoint inspectors to inspect any college or institution where architectural education is given or to attend any examination conducted by such bodies for the purpose of recommending to the Central Government, recognition of architectural qualifications granted by such bodies. e)Powers of withdrawing of recognition under certain circumstances and prescribing minimum standard of architectural education. f)To prescribe standards of professional conduct and etiquette and a code of ethics for the architects. g)Powers to make regulations. Note: by virtue of section 25(b) those persons who were engaged in practice as architect for a period of not less than 5 years prior to the date appointed under Sub-section (2) of section 24 are also entitled to get their names entered in the register on payment of necessary fees.

10. PRACTICE ARCHITECT’S ACT, 1972 Qualifications for Registration Section 14 read with schedule prescribes the following qualifications for the purpose of registration: 1.Bachelor of architects Degree awarded by Indian Universities established by an Act of Central or State Legislature; by Indian Institute of Technology, Kharagpur. 2.Diplomas in Architecture a) National Diploma by All Indian Council for Technical Education b) Five year full time diploma of Sir J.J School of Art, Bombay, after 1941. c) i) of State Board of Technical Education and Training of Andhra Pradesh with effect from 1960; ii) Diploma of Government College of Arts and Architecture, Hyderabad, till 1959 subject to condition that candidates concerned have passed special final examination held by State Board of Andhra Pradesh as given above. d) Of University of Nagpur with effect from 1965. e) Of Government of Maharashtra. f) Of Kalabhavan Technical Institute, Baroda. g) School of Architecture, Ahmadabad.

11. PRACTICE ARCHITECT’S ACT, 1972 3. Membership of the Indian Institute of Architects A few of the Architect’s Liabilities to the Contractor: The architect is not a party to the contract and as such extent of liabilities is very limited to the contractor depending upon the circumstances of the case. In general, 1.The architect cannot incur any personal liability to the contractor 2.The architect is not bound for losses to the contractor for his actions even if they are improper but within his authority. 3.Contractor cannot take any action against architect for certifying less interim payments than what are due. 4.When the architect exceeds his authority, he will be liable for damages. 5.For defects in the drawings, specification or qualities, the architect owes no responsibility to the contractor.

12. PRACTICE ARCHITECT’S ACT, 1972 COURT JUDGEMENTS IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Manoj Balkrishna Lad Aged : 20 years Occupation : Student Resident of : 116A, Somwar Peth, Satara (M.S.), Pin Code 415 002 V/s State of Maharasthra Through Secretary Ministry of Higher and Technical Education Mantralaya Mumbai - 400 032 Director of Technical Education 3, Mahapalika Marg Fort Mumbai - 400 00 (Copies of Respondent Nos. 1 & 2 to be served on Government Pleader, High Court, Bombay) Vice Chancellor University of Bombay Kalina, Santacruz (East) Mumbai Vice Chancellor University of Poona Ganesh Khind Pune All India Council for Technical Education Through Regional Officer, Western Region 2nd Floor, Industrial Assurance Building Veer Nariman Marg Mumbai - 40020 Council of Architecture 1st Floor, Core 6-A India Habitat Center Lodhi Road New Delhi-110003

13. PRACTICE ARCHITECT’S ACT, 1972 Arising out of : Respondent No.2 and Respondent Nos. 3 & 4 Universities not giving admission to the Petitioner to Second Year directly of Degree Course of Bachelor of Architecture in spite of he having passed the Diploma Course of Architecture Assistantship of three years Being Writ Petition No. 3798 of 2000, under Article 226 of Constitution of India, praying that : (a) to, grant rule and allow the Petition of Petitioner, (b) to, direct Respondent Nos. 2 to 4 to give admission to Petitioner in 2nd Year of Degree Course of Bachelor of Architecture in Colleges imparting education in concerned faculty within their territional and academic jurisdiction during the pendency and final disposal of the present Writ Petition, (c) to, give ad-interim relief in terms of Prayer Clause (b) above, (d) to, direct Respondent Nos. 2 to 4 to give admission to Petitioner in 2nd Year of Degree Course of Bachelor of Architecture in Colleges imparting education in concerned faculty within their territorial and academic jurisdiction, (e) to, grant costs of this Writ Petition against the Respondent Nos. 1 to 4 and any other legal and equitable relief as deemed just and fit having regard to the facts involved in the case and circumstances attending the case. Mr. P.B. Deo for petitioners Mr. R.G. Ketkar for respondent No.1 Mr. S.K. Shinde AGP Mr. Girish Kulkarni for respondent No. 4 Coram : A.P. Shah & V.C. Daga J.J Date : 7-8-2000

14. PRACTICE ARCHITECT’S ACT, 1972 The short question which falls for consideration is whether the petitioners who have acquired diploma in Architecture Assistantship in first class from Maharashtra State Board of Technical Education are entitled for admission directly to 2nd year degree course of Bachelor of Architecture? 2. The petitioners claim that they are eligible for direct admission to the 2nd year degree course of Bachelor of Architecture. They are relying upon the rules relating to direct admission to 2nd year degree course in engineering and technology which are annexed at Exhibit 1 to the petition. The petitioners are also relying upon the letter dated 25-8-1989 issued by the Officiating Registrar of Council of Architecture. According to the petitioners in a similar case the division bench has granted interim relief in writ petition no. 4808 of 1998. 3. We have heard the learned counsel for the parties. We have also perused the affidavit filled by the Council of Architecture. At the outset it is required to be stated that the annexure I to the petition is not applicable to the case of discipline in question. A Bare perusal of annexure I makes it clear that the said eligibility criteria is applicable for direct admission to the second year degree courses in engineering and technology and not to Architecture. As far as the letter dated 25-8-1989 issued by the Officiating Registrar of the Council of Architecture is concerned it has been pointed out that when this letter was brought to the notice of the Council, the same was withdrawn vide letter dated 11.10.1999.

15. PRACTICE ARCHITECT’S ACT, 1972 4. It is also seen from the guidelines dated 15.6.1992 issued by the AICTE on 11.7.1992 that provisions of lateral entry for degree course are excluded as far as Architecture, Pharmacy and Arts etc. are concerned. This is clearly seen from the para 9 (2) of the guidelines. Minimum standards of Architectural Education Regulation 1983 issued by the Central Government also do not provide for lateral entry either for degree or diploma course in Architecture. Further regulation 3 (1) of the Regulations 1983 stipulates that Architecture course shall be of minimum duration of 5 academic years or 10 semester of approximately 16 working weeks each inclusive of six months/one semester of approximately 16 working weeks of practical training after the first stage in a professional office. Therefore even if the students got admission to the 2nd year degree course he is not entitled to register as Architecture under section 25 of the Architectures Act 1972. Thus we have no hesitation in holding that the petitioners are not entitled to direct admission to the 2nd year degree course of Bachelor of Architecture. 5. During the course of arguments a contention was raised by the learned counsel for the petitioners that the petitioners took admission to the diploma course in view of the letter dated 25.8.1989 from the Officiating Registrar of Council of Architecture and they were under the bonafide belief that they would be entitled to direct admission to the 2nd year degree course otherwise they would not have taken admission to the diploma course. Thus the petitioners had legitimate expectation that they would be give admission in 2nd year course and therefore it is not permissible for the respondents to deny admission to the petitioners. This plea is not even raised by the petitioners in the petition. In any event letter written by the Officiating Registrar cannot confer any such right on the petitioners. The petitioners cannot be admitted in the 2nd year degree course in violation of the rules and regulations. Petition is dismissed.

16. PRACTICE ARCHITECT’S ACT, 1972 IN THE HIGH COURT OF DELHI Civil writ petition no. 1348 of 1980 Kaustubha Nand Pandey through Mr. Amlan Ghosh, Advocates V/s Council of Architecture etc. through Mr. K.R. Nagaraja, Advocate Date of Decision : September 17, 1982 COURT JUDGEMENTS

17. PRACTICE ARCHITECT’S ACT, 1972 This writ petition is filed against the order of the Council of Architecture passed on 17th September, 1979 rejecting petitioner's application for registration as an Architect under Section 25(b) of the Architect's Act, 1972. The grounds for the challenge of the said order and the legal submissions are the same as are made in Civil Write Petition No. 547 of 1980. I have fully dealt with the said submissions in the said writ petition and have rejected the same. This petition was in fact heard along with the said petition. I will only examine now the submissions on merits made in this petition. The petitioner was born in 1949. He passed his High School Certificate Examination in 1962. In 1972 he passed B.Sc. Examination. According to the certificate produced by him from R.C. Mehta, Architect and Chartered Engineer, Surveyor and Estate Valuer, New Delhi, the petitioner was working as an Architectural Assistant with the firm from May 1961 to June, 1963. He has annexed the list of works executed by him. The list shows that about twenty construction works were undertaken by him, the total valuation of which runs into several lacs. Thereafter he was working as a Punch Operator at the Computer Centre, Structural Engineering Research Centre till 4.7.1971. From 5.7.1971 to 28.6.1972 he was working as a Programme Assistant, Meerut University. He claims to have continued his practice as an Architect thereafter.

18. PRACTICE ARCHITECT’S ACT, 1972 It may be seen that the petitioner does not hold any academic qualification as an Architect. He is not even a Civil Engineer as in the other case. He passed his Matriculation Examination in 1962 but claims that from 1961 to 1963 he was working as an Architect and had done works worth rupees several lacs. This means that between his age of twelve and fifteen he was practicing as an Architect. After the arguments were over the petitioner had filed an affidavit to state that according to his Janampatrika he was born on 28th June, 1946 and not in 1949 as is recorded in the School records. The petitioner must be some thing of a genius to do construction works worth lacs of rupees at the age of about 15. He has worked as a Computer Operator and as a Programme Assistant which has nothing to do with the Architectural profession. Even assuming that he was doing some architectural work after 1972 he did not complete the five years experience on 27.4.1974 as required by Section 25(b) of the Act. Before the Advisory Council he did not produce any drawings of the works done by him. The Council of Architectures was fully justified on the basis of the information and the documents supplied by the petitioner to come to a conclusion that he did not deserve to be registered as an Architect. The petition is dismissed. In the circumstances of the case I do not pass any orders as to costs. Rules is discharged.

19. Submitted by, Malsawmtluanga Guite – 060120 Jalpa Shah - 060115