The Architects Act defines ‘architects’ and details their responsibility and liability. The Act specifies that only a person with requisite qualifications can designate himself/herself as an architect, and any person who does so without qualifications is to be considered an offender.
The Act, per se, prohibits people from using the title of ‘architect’ if they do not have necessary qualifications.
Table of Contents
Provisions of the Act
The Architects Act of 1972 is categorised into four chapters, containing 45 sections and one schedule. The first chapter, being an introductory chapter, deals with the general vocabulary and definitions related to architecture. Chapter II is focused on responsibilities conferred upon the Council of Architects in India.
Chapter III deals with the responsibility of the Council to maintain the records of identities, professional details, nationalities, and addresses. The last chapter, Chapter IV, deals with subsidiary rules concerning the aforementioned three chapters, education and training of architectures, and standards of professional practice.
Council of Architecture
Section 3, under Chapter II of the Act, empowers the Central Government to constitute a Council of Architecture, a body corporate having perpetual succession and a common seal, which can acquire or dispose or hold any moveable and immoveable property, to sue and be sued and form contracts in their name. The second clause states that the head office of the Council shall either be in Delhi or at a place the Central Government may specify through a notification in the Official Gazette.
The composition of the Council has been laid down under Sections 3(3) to 3(5), which specifies the number and qualifications of such members of the Council of Architectures. The election, powers, and elections of the President and the Vice-President of such Council have been provided for under Section 4 of the Act.
Registration of Architects
Registration with the Council of Architects is mandatory for any person wishing to perform their profession as an ‘architect’. Therefore, the person must undergo the educational course necessary for the professional qualification specified in the Act. On registration with the Council, the person is entitled to perform his/her profession as an architect and can use the title of an architect.
The entitlement to practise and use the title of an architect is available only to partners registered with the Council and not to any limited companies, societies, public or private companies or any other juridical persons. If the title is misused under the false registration claim, then the same amounts to a criminal offence and is punishable under Section 36/37(2) of the Act.
Qualifications of the Members of the Council of Architects
The Act vests certain powers to the members of the Council of Architects and their qualifications, as specified by the Act under Section 3(3), are as follows:
(a) President, Vice-President: To be elected by the council from among its members.
(b) Five members: To have recognised qualifications should be elected by the Indian Institute of Architects.
(c) Two Persons: To be nominated by the All-India Council for Technical Education.
(d) Five persons: To be elected by the heads of architectural institutions from the members of the Council.
(e) One person: To be nominated by the Central Government
(f) One architect from each State is to be nominated by the State Government
(g) Two persons: To be nominated from its members by the Institute of Engineers
(h) One person: To be nominated from its members by the Institution of Surveyors.
(i) Finally, the Chief Architects from the Ministries of the Central Government.
Powers and Functions of the Council
The Council of Architects is empowered under the Act to appoint the registrar, officers, and employees it may deem necessary to carry out its functions. The Council is empowered to maintain proper accounts of finance, renew registration from time to time, enquire matters relating to misconduct, furnish minutes or meetings, reports or other information from the Central Government, and issue the certificate of registration and duplicates if necessary.
Conclusion
The Architects Act 1972 governs the profession of architects in India and lays down the mandatory requirements or prerequisites for a person to be registered with the Council of Architects established by the Central Government under the Act. The Act is a comprehensive law that protects the use of the title ‘architect’ to ensure it is not misused by persons involved in activities related to the architecture profession but do not have the requisite educational and professional qualifications.
By imposing fines and sanctions on the offence, the Act guarantees the sanctity of the profession. The Indian Courts have time and again observed that the intention of the legislature to impose a ban on the improper use of the title clearly indicates that it does not intend to prohibit individuals from using the title for all the functions they may be engaged in under the broad category of ‘architecture’ but it is to avoid the ambiguity of the functions would fall under such category.
FAQs on the Architects Act
Who is an architect under the Act?
Under the Act, a person whose name is registered with the Council of Architects and entered into the register maintained by such Council is a lawful architect.
Can a person use the title without registration with the Council?
No, the use of the title ‘architect’ is prohibited for use unless such a person is registered under the register.
Which law governs the practice of the profession of architect?
The practice of this profession is governed by the Architects (Professional Conduct) Regulations of 1989, as amended from time to time, and covers the various aspects of conditions of engagement, professional ethics.
What are the educational institutes from which a person can pursue the course to complete qualification?
In India, more than 135 institutions impart architectural education. These laws are governed by the Council of Architecture Regulations of 1983.
What are the qualifications required for registration with the COA?
Section 14 r/w Schedule 1 prescribes certain bachelors and diplomas as qualification to be registered with the COA.
