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The Architects Act, 1972

Year of Passage: 1972 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Architects Act, 1972. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

Section 2 Definitions.

In this Act, unless the context otherwise requires,-- (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 theSocieties Registration Act, 1860 (21 of 1860); (d) "recognised qualification" means any qualification in architecture for the time being includedin 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.

Section 3 Constitution of Council of Architecture.

(1) The Central Government shall, by notification inthe Official Gazette, constitute, with effect from such date as may be specified in the notification, aCouncil to be known as the Council of Architecture, which shall be a body corporate, having perpetualsuccession and a common seal, with power to acquire, hold and dispose of property, both movable andimmovable, 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 Governmentmay, by notification in the Official Gazette, specify. (3) The Council shall consist of the following members, namely:-- (a) five architects possessing recognised qualifications elected by the Indian Institute ofArchitects from among its members; (b) two persons nominated by the All India Council for Technical Education established by theResolution of the Government of India in the late Ministry of Education No. F.16-10/44-E. III, datedthe 30th November, 1945; (c) five persons elected from among themselves by heads of architectural institutions in Indiaimparting full-time instruction for recognised qualifications; (d) the Chief Architects in the Ministries of the Central Government to which the Governmentbusiness relating to defence and railways has been allotted and the head of the ArchitecturalOrganisation in the Central Public Works Department, ex officio; (e) one person nominated by the Central Government; (f) an architect from each State nominated by the Government of that State; (g) two persons nominated by the Institution of Engineers (India) from among its members; and (h) one person nominated by the Institution of Surveyors of India from among its members. Explanation.-- For the purposes of this sub-section,-- (a) "Institution of Engineers (India)" means the Institution of Engineers (India) first registeredin 1920 under the Indian Companies Act, 1913 (7 of 1913) and subsequently incorporated by a RoyalCharter in 1935; (b) "Institution of Surveyors of India" means the Institution of Surveyors registered under theSocieties Registration Act, 1860 (21 of 1860). (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 IndianInstitute of Architects, persons referred to in the said clause (a) who are qualified for registration undersection 25, and the persons so nominated shall hold office for such period as the Central Governmentmay, by notification in the Official Gazette, specify. (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 StateGovernments concerned, persons referred to in the said clause (f), who are qualified for registration undersection 25, and the persons so nominated shall hold office for such period as the Central Governmentmay, by notification in the Official Gazette, specify.

Section 4 President and Vice-President of Council.

(1) The President and the Vice-President of theCouncil shall be elected by the members of the Council from among themselves: Provided that on the first constitution of the Council and until the President is elected, a member ofthe Council nominated by the Central Government in this behalf shall discharge the functions of thePresident. (2) An elected President or Vice-President of the Council shall hold office for a term of three years ortill he ceases to be a member of the Council, whichever is earlier, but subject to his being a member of theCouncil, he shall be eligible for re-election: Provided that-- (a) the President or the Vice-President may, by writing under his hand addressed to theVice-President or the President, as the case may be, resign his office; (b) the 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. (3) The President and the Vice-President of the Council shall exercise such powers and dischargesuch duties as may be prescribed by regulations.

Section 5 Mode of elections.

(1) Elections under this Chapter shall be conducted in such manner as may beprescribed by rules. (2) Where any dispute arises regarding any such election, the matter shall be referred by the Councilto 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: Provided that no such reference shall be made except on an application made to the Council by anaggrieved party within thirty days from the date of the declaration of the result of the election. (3) The expenses of the Tribunal shall be borne by the Council.
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