THE COUNCIL OF ARCHITECTURE A Statutory body constituted by Ministry of Human Resource Development, Government of India, under the Architects Act, 1972 The Architects Act, 1972 The Architects Act of 1972 which came into force on 1st September 1972 has the 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. To achieve these objectives, a statutory body known as "Council of Architecture" (COA) has been created. It is headed by its President who is assisted by an Executive Committee and a Council consisting of 45 odd members representing the Indian Institute of Architects, Heads of Architectural Institutions in India, Chief Architects of all states and Union territories, Union Ministry of Education (which now forms a pm1 of Union Ministry of Human Resources Development), Institution of Engineers and Institution of Surveyors. The Council is assisted by a Registrar - who is a full- time employee of the Council. The Registrar is empowered to carry out certain functions prescribed by the Architects Act The main features of the Act are as under: 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. 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. ROLE OF COA 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 • 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. 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. The practice of profession of an architect is governed by the Architects (Professional Conduct) Regulations, 1989 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. There are 108 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) Constitution of Council of Architecture 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 dis-pose of property, both movable and immovable, and to contract, and may by that name sue or be sued. 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. The Council shall consist of the following members, namely- five architects possessing recognized qualifica-tions 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 Depart-ment, ex official. One person nominated by the Central Govern-ment. 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 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 of the Council nominated by the Central Government in this behalf shall discharge the functions of the President. 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. Provided that: The President or the Vice-President may, by writing under his hand addressed to the Vice-Presi-dent or the President, as the case may be, resign his office; The President or the Vice-President shall, not-withstanding the expiry of his term of three years, continue to hold office until his successor enters upon office. The President and the Vice-President of the Council shall exercise such powers and discharge such duties as may be prescribed by regulations. MODE OF ELECTIONS Elections under this chapter shall be conducted in such manner as may be prescribed by rules. 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 provided that no such reference shall be made except on an application made to the Council by an ag-grieved party within thirty days from the date of the declaration of the result of the election. The expenses of the Tribunal shall be borne by the council. TERMS OF OFFICE AND CASUAL VACANCIES 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. 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 there upon become vacant. A member shall be deemed to have vacated his seat-: If he is absent without excuse, sufficient in the opinion of the Council from three consecutive ordinary meetings of the Council; or 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 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.??? 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. Members of the Council shall be eligible for re-elec-tion or re-nomination, but not exceeding three con-secutive terms. Disabilities A person shall not be eligible for election or nomination as a member of the Council, if he- is an un discharged insolvent; or 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.