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REGULATION

2013
YEAR: 2017
AR 6703
PROFESSIONAL PRACTICE AND
ETHICS
SEMSETER IX

[UNIT I - INTRODUCTION TO ARCHITECTURAL


PROFESSION CODE OF CONDUCT AND ETHICS]
FACULTY IN-CHARGE: VANDHANA MURALIDHARAN
SIGMA COLLEGE OF ARCHITECTURE
MOODODU, ANDUCODE POST
KANYAKUMARI DISTRICT - 629 168

TOPICS:

 IMPORTANCE OF ARCHITECTURAL PROFESSION ----------------------- 03

 ROLE OF ARCHITECTS IN SOCIETY ------------------------------------------- 03

 REGISTRATION OF ARCHITECTS ---------------------------------------------- 04

 ARCHITECT’S OFFICE AND ITS MANAGEMENT- LOCATION,

ORGANISATIONAL STRUCTURE------------------------------------------------ 08

 INFRASTRUCTURE REQUIREMENTS, SKILLS REQUIRED,

ELEMENTARY ACCOUNTS ------------------------------------------------------- 08

 TAX LIABILITIES -------------------------------------------------------------------- 20

 ROLE OF INDIAN INSTITUTE OF ARCHITECTS ---------------------------- 22

 ARCHITECTS ACT 1972 (INTENT, OBJECTIVE, PROVISIONS WITH

REGARD TO ARCHITECTURAL PRACTICE) --------------------------------- 23

 COUNCIL OF ARCHITECTURE (ROLE AND FUNCTIONS) --------------- 39

 IMPORTANCE OF ETHICS IN PROFESSIONAL PRACTICE --------------- 40

 CODE OF CONDUCT FOR ARCHITECTS, PUNITIVE ACTION FOR

PROFESSIONAL MISCONDUCT OF AN ARCHITECT ---------------------- 40

SOURCE:https://creativemindsnitc.files.wordpress.com/2012/04/role-of-
architects-in-society.pdf, PROFESSIONAL PRACTICE,
K.G.KRISHNAMURTHY & S.V.RAVINDRA, https://www.coa.gov.in Page 1
SIGMA COLLEGE OF ARCHITECTURE
MOODODU, ANDUCODE POST
KANYAKUMARI DISTRICT - 629 168

INTRODUCTION

 An architect is a person who professes skill in the art of designing buildings to meet
his client’s needs.
 An architect is the one who possess with due regard to aesthetic as well as
practical considerations, adequate skill and knowledge to enable him, to originate,
design and plan to arrange for and to supervise construction of buildings.
 But an architect’s function is not limited to creation of new ideas of amenities and
design.7
 An architect’s duties include preparation of contract documents, acceptance of
estimates, selection of specialist contractors, inspection of works, solution to the
problems encountered during the execution of work, rejecting defective work,
issues of certificates under the contract and resolution of disputes between the
owner and the contractor. Thus, his duties extend far into other fields of technical
knowledge and business management.
 An architect is primarily answerable to the owner in matters of design, modern
techniques of construction and specialised building products and processes.
 An architect may not be personally qualified to discharge all the responsibilities.
He/she seeks the help of outside consultants, specialist sub-contractors and vendors.
 In general an architect is the general agent for all purposes, relating to designing,
obtaining tenders and superintending the work.
 An architect stands apart in the family of professionals. He is recognised for his noble
aesthetic creation which brings joy to the present as well as future generations.

FIGURE 1.1 - WHO IS AN ARCHITECT?

SOURCE:https://creativemindsnitc.files.wordpress.com/2012/04/role-of-
architects-in-society.pdf, PROFESSIONAL PRACTICE,
K.G.KRISHNAMURTHY & S.V.RAVINDRA, https://www.coa.gov.in Page 2
SIGMA COLLEGE OF ARCHITECTURE
MOODODU, ANDUCODE POST
KANYAKUMARI DISTRICT - 629 168

IMPORTANCE OF A PROFESSION

 Profession is the mastery of specific activities demanding prolonged period of study


and practice in any discipline before they can be completely applied.
 A professional Architect, engineer or doctor has nothing to sell except his
disinterested personal service. Central theme of any profession is to provide an
unselfish service to the mankind.
 To profess means to take a vow of service and to live one’s career by a higher
standard than is expected of others.

IMPORTANCE OF ARCHITECTURAL PROFESSION5

 A professional architect is required to satisfy the below mentioned characteristics:


a) Corpus of knowledge
b) Prolonged period of study and practice
c) Membership of a professional association
d) Code of conduct
e) Social responsibilities
 An architect in particular has abundant social responsibilities. His obligation to the
society in which he/she operates is termed as social responsibilities.
 Some of the responsibilities of architects are:
a) Preservation of environment
b) Elimination of poverty
c) Best value for clients money
d) Judicious use of depleting natural resources
e) Conformance to building byelaws and regulations etc…

ROLE OF ARCHITECT IN SOCIETY

 Apart from early days, at present society requires skilled architects who are educated
and trained to be in architectural profession. The increase in meeting the complexities
of society’s desires is the sole reasons for change in the added requirement to call
some as architects.
 Due to increase in population, role of architect and complexity in his/her duties have
increased which resulted in transforming architecture as a profession and technically
one has to do some course work to call themselves as an architect and the same holds
good for practicing in present days.
 The bottom line of an architect’s role in society is to respond with the surrounds
environment in a positive manner while rendering their or client’s needs.
 Present day trend: one who designs is different from the one who builds and the one
who is going to use the building.
 It has become a different job for an architect to satisfy the needs of everyone along
with keeping the place/space intact with the environment.
 Even after finishing a project successfully by satisfying all the needs, they are not
certain that the space will cater to the expected function for a minimum of 30 years.

SOURCE:https://creativemindsnitc.files.wordpress.com/2012/04/role-of-
architects-in-society.pdf, PROFESSIONAL PRACTICE,
K.G.KRISHNAMURTHY & S.V.RAVINDRA, https://www.coa.gov.in Page 3
SIGMA COLLEGE OF ARCHITECTURE
MOODODU, ANDUCODE POST
KANYAKUMARI DISTRICT - 629 168

 An architect needs to have proper idea of what could be the potential of the space in
the near feature, and educate client about it.
 If required to modify the function of the space they are working or selecting another
site for the function client is looking for he/she should be educated about it. For doing
this an architect should be aware of trends and need of the society.
 These days many of the civilians are not having knowledge on why we need to value
the natural environment and its special configurations. It is the duty of the architect to
educate the society/people about it, through some public lectures of writings etc. This
will make an architect’s job easier when the client approaches for getting any of their
work to be done.
 Another important role of an architect is that it’s their duty to train architects for
future. They should educate and guide the young and upcoming architects about their
role in society as an architect, and also should take part in teaching architecture
students who are going to become the future generation architects.

REGISTRATION OF ARCHITECTS

The Council of Architecture maintains a register of Architects under section 23 of The


Architects Act 1972. The register shall include the following particulars:

i. The full name with date of birth, nationality and residential address of the Architect.
ii. His/her qualification for registration and the date on which he/she obtained that
qualification and the authority which conferred.
iii. The date of the first admission to the register.
iv. His professional address.
v. Such further particulars as may be prescribed by rules.

ARCHITECTURAL PRACTICE/ ARCHITECS OFFICE

An architect starting his/her own proprietorship firm, or buying out a practice from others, or
inheriting it or joining some firm and rising through ranks to become a partner or joining
other Architects or other professional to open a practice, has to organise the office to produce
optimum work and deliver efficient service.

He/she may also join government service, or public sector or Semi-government Corporation
in different capacities, like assistants, deputy or Chief Architect or even an NGO, wherein
he/she will be called upon to organize an office to suit the nature of work of the organisation.

An Architect’s practice can be roughly classified as small practice, slightly older practice,
medium practice and big practice.

A variation from the above mentioned classification is “Consultant” concept.

SOURCE:https://creativemindsnitc.files.wordpress.com/2012/04/role-of-
architects-in-society.pdf, PROFESSIONAL PRACTICE,
K.G.KRISHNAMURTHY & S.V.RAVINDRA, https://www.coa.gov.in Page 4
SIGMA COLLEGE OF ARCHITECTURE
MOODODU, ANDUCODE POST
KANYAKUMARI DISTRICT - 629 168

SMALL PRACTICE
ARCHITECT

AFTER GETTING WORK / - PREPARE SKETCHES


PROJECT - ARCHITECT - FINAL SCHEME
- PREPARE WORKING DRAWINGS,
ESTIMATE
- CALL TENDERS
- SELECT A CONTRACTOR
- OBTAIN MUNICIPAL SANCTION
- SUPERVISE CONSTRUCTION
- OVERSEE ITS COMPLETION IN ALL
RESPECTS APART FROM MAINTAINING
ACCOUNTS AND OFFICE

FIGURE 1.2 - SMALL OFFICE

SLIGHTLY OLDER PRACTICE

ENGINEER:
ESTIMATION & SITE SUPERVISION

DRAUGHTSMAN:
ARCHITECT; DEVELOPS DETAIL DRAWINGS
SKETCHES
(PLANNING) TYPIST-CUM RECEPTIONIST

OFFICE BOY:
PRINTING, STORING DRAWINGS &
VISITING OTHER OFFICES TO REMIT
OR OBTAIN RELATED DOCUMENTS

FIGURE 1.3 – SLIGHTLY OLDER OFFICE

SOURCE:https://creativemindsnitc.files.wordpress.com/2012/04/role-of-
architects-in-society.pdf, PROFESSIONAL PRACTICE,
K.G.KRISHNAMURTHY & S.V.RAVINDRA, https://www.coa.gov.in Page 5
SIGMA COLLEGE OF ARCHITECTURE
MOODODU, ANDUCODE POST
KANYAKUMARI DISTRICT - 629 168

MEDIUM PRACTICE

JUNIOR ARCHITECT:
DRAWING / DETAILING WORKS

DRAUGHTSMAN:
PRINCIPAL +
SENIOR DEVELOPS DETAIL DRAWINGS
ARCHITECT:
TYPIST-CUM RECEPTIONIST
FINAL DESIGN
OFFICE BOY:
PRINTING, STORING DRAWINGS &
VISITING OTHER OFFICES TO REMIT
OR OBTAIN RELATED DOCUMENTS

FIGURE 1.4 – MEDIUM PRACTICE

BIG PRACTICE

ARCHITECTS: 10-15 NUMBERS


+ 3- 4 DESIGNERS PR TEAM
PRINCIPAL /
PARTNER:
CONCEPT + SENIOR ARCHITECT (TEAM LEADER):
APPROACH TO (COMPLETE RESPONSIBILTY – PROJECTS)
THE DESIGN + DISCUSSIONS: CLIENT,CONTRACTORS &
CLIENT CONSULTANTS
DISCUSSION

FIGURE 1.5 - BIG PRACTICE

This kind of office may be usually doing two or three types of building only viz. Residences,
apartments, offices.

SOURCE:https://creativemindsnitc.files.wordpress.com/2012/04/role-of-
architects-in-society.pdf, PROFESSIONAL PRACTICE,
K.G.KRISHNAMURTHY & S.V.RAVINDRA, https://www.coa.gov.in Page 6
SIGMA COLLEGE OF ARCHITECTURE
MOODODU, ANDUCODE POST
KANYAKUMARI DISTRICT - 629 168

These offices will be carrying out architectural and interior designs together.

OFFICE MANAGEMENT

Office is a place where records are prepared, handled and preserved for future reference. It is
an administrative centre of business where relevant records are prepared, preserved and made
available for the purpose of efficient management of the organisation. Administrative
function relates to communication, safety, security, co-ordination, planning, cost reduction
and public relations, apart from achieving project goal. It is necessary for the office to:

a. Improve upon existing information system


b. Reduce amount of paper work. Use of computer in all possible areas
c. Encourage creative thinking and employee participation
d. Improve and maintain public relations
e. Attract, acquire and retain talent
f. Endeavour for cost-efficient office service
g. Decentralise as many function possible
h. Achieve greater productivity through incentives and incorporating employee’s ideas
in all areas of productivity, e.g. cost, meeting deadlines, etc.

MANAGEMENT AND ARCHITECTS

Management is defined as the art of getting result through other people. In case of
professional architects there is an additional responsibility. Besides, responsibility for the
performance of other team members, architects should also be an individual professional
contributor. The architect should ensure coordination of activities of key players, viz. other
consultants, contractors, client, regulatory authorities, sub-contractors and vendors. It is the
duty of the architect to organise his team to meet the requirements.

He/she has to analyse the strengths, weakness, opportunities the project offers and threats/
problems which can affect the execution of the project. Later, the suggested course of action
shall co-ordinate factors of cost, labour, time and technology and site execution to achieve the
target. Alternative strategies are required to be prepared, so that in case Plan A fails, Plan B
and C are ready. Strategies have to be reoriented in case of drastic changes in the project due
to reasons beyond architect’s control like natural and man-made disasters.

BUSINESS DEVELOPMENT

A client expects that the architect possesses required skill and expertise to render consultancy
for the work entrusted. He/she would like to get the best value for the fees paid to the
architect. Securing clients may not be easy for an architect who has just registered his/her
name with the council. Initially social contacts, relatives and friends may help in getting
clients for small building works. Participation in architectural competitions, seminars,
technical discussions, contribution to architectural journals will help him to get recognised.
Merit, optimal designs and innovation will open up many opportunities for business
development. Primary objective is client’s satisfaction. Business development follows if this
primary objective is met.
SOURCE:https://creativemindsnitc.files.wordpress.com/2012/04/role-of-
architects-in-society.pdf, PROFESSIONAL PRACTICE,
K.G.KRISHNAMURTHY & S.V.RAVINDRA, https://www.coa.gov.in Page 7
SIGMA COLLEGE OF ARCHITECTURE
MOODODU, ANDUCODE POST
KANYAKUMARI DISTRICT - 629 168

ELEMENTARY ACCOUNTS

 Cash book
 Ledger
 Profit and loss account
 Assets & liabilities and balance sheet are all to be maintained as per standard
accounting practice.
 Field records are to be maintained at site of work.

LOCATION, ORGANISATIONAL STRUCTURE, INFRASTRUCTURE


REQUIREMENTS & SKILLS REQUIRED:

Types of Architectural Organization

 Single Proprietorship Firm


 Partnership Firm
 Limited company
 Large scale consulting company
 Very large offices
 Freelancing
 Architect as a Builder/ Developer

Single Proprietorship Firm

 The easiest and simplest mode of architectural consultancy firm.


 Architect as the principal will be solely responsible for all decisions, i.e. like brining
in projects or to ensure preparation, progress and completion of the project, getting all
types of licenses and issuing of certificates.
 They can appoint assistants but should give directions in all decisions.
 Can enjoy freedom in design and management (profits, fame if work is good).
 They can also take fast decisions, rectify mistakes, and execute them.
 They should also bare all losses, less freedom if the project is too big (decision
makers may be many) and blame for making mistakes occurring in project.
 Liable to be sued for lack of discharging duties and supervision.
 Indecision (the inability to make a decision quickly) may also delay projects or when
they are sick the work may suffer.
 Single proprietorship suitable only for small and medium size projects; as the
architect/ designer can provide complete attention to the project, personally to ensure
proper execution,
 When they carry out large project, it will be too difficult to handle single handily, so
he need to form a team and the success completely depends on the team work.
 A variation of this type is appointing an associate (senior employee).
 Associates are also employees, with greater responsibilities.
 They can bring in projects to the office.

SOURCE:https://creativemindsnitc.files.wordpress.com/2012/04/role-of-
architects-in-society.pdf, PROFESSIONAL PRACTICE,
K.G.KRISHNAMURTHY & S.V.RAVINDRA, https://www.coa.gov.in Page 8
SIGMA COLLEGE OF ARCHITECTURE
MOODODU, ANDUCODE POST
KANYAKUMARI DISTRICT - 629 168

 They have the rights for decision – making but their views are not and need not be
binding on the principal or proprietor.
 They also can have a share in the profits of the firm.
 They will also have more freedom to take individual decisions in the projects they
handle unlike an ordinary employee and also principal need not look into every
decision of the associate.
 The proprietor can always remove an associate from being an associate.

Partnership Firm

 Generally there will be two partners or more number of partners.


 An agreement is prepared between two or more partners to establish and run a firm
under a designated name, style and symbol.
 Agreements state the duties and responsibilities of partnership, sharing profits and
losses, liabilities and options along with procedure for one or more partners to leave
partnership.
 Its advantages include sharing responsibilities as no one individual will be liable for
everything, ability to organise large organisation of employees, ability to take up large
scale projects, and hence more profits, can take greater risks, and can operate from
multiple locations.
 Partnership firms can be offer more services under one roof.
 The partners can be from the same professional background or different background
enabling the firm to provide multiple services. Like partners can be architect,
structural engineer, mechanical engineer or electrical engineer or management
specialist.
 These firms will have access to more capital because of more members.
 Can operate from a residence also, but it is preferable to have an independent office in
the city.
 Slow in taking decision due to large number of people involved in decision-making.
Work can also get slow due to communication gap among workers and quality of
work can suffer due to difference in ideas.
 Problems may occur due to mismanagement both financially and in work.
 When partners are only architects, they might deal with individual projects; the
partnership is useful only to share space, infrastructure, tax benefits and ability to
create a better image to attract larger projects.
 Partners can also decide to dissolve partnership, if needed.

Limited company

 A bigger version of partnership type but with more defined structure and a large and
diversified project profile or range.
 The company will have a board of directors.
 Needed when the office grows from a medium scale to a large scale outfit.

SOURCE:https://creativemindsnitc.files.wordpress.com/2012/04/role-of-
architects-in-society.pdf, PROFESSIONAL PRACTICE,
K.G.KRISHNAMURTHY & S.V.RAVINDRA, https://www.coa.gov.in Page 9
SIGMA COLLEGE OF ARCHITECTURE
MOODODU, ANDUCODE POST
KANYAKUMARI DISTRICT - 629 168

 Can have many directors both technical and non-technical to take up wide range of
projects and services which are not possible by smaller firms.
 These companies can rise capital, offer multiple services, can have multiple offices,
can employ a wide range of people with diversified specialisations, and can have
access to latest technologies and management services through high investments.
 There can be subsidiaries under the main company offering specialist services with
directors being the same or different, with better facilities the firm can compete for
larger projects both in private and public sectors.
 Responsibilities are shared generally, but can be specific in different areas: can avail
tax benefits and concessions. The directors apart from services can avail bonuses and
perquisites and losses do not directly affect them as in other type of firms.
 The directors will be collectively responsible for any mistakes.
 A young architect can reach higher positions of responsibilities, and gets chances to
handle large scale projects.
 The company operates from independent premises to establish business identity.
 Individual responsibilities are less. Hence, blame can be passed on to others can
become bureaucratic, decision – making can be slow and low level of involvement
can be present in employees when incentives are absent.
 Quality can suffer, as many decision – making is involved, individual identity as
Architect/ designer will be absent. Which will affect creativity and individual’s
contribution may not receive enough recognition.
 An architect may lose identity, hence not suitable for individualistic minded
designers; experimentation becomes difficult as the company goals are more
important than that of an individual’s own. This type of organisation will be rigid.

Large scale consulting company

 A variation from the other companies discussed is the large scale consulting
corporations which take up turnkey projects providing all types of services needed for
a project.
 Raise capital from public apart from initial capital.
 Operate globally and are capable of taking up large scale projects due to their access
to the best available technology and human resources (specialists), e.g. townships,
high-rise and high-tech buildings, recreation complexes.
 They undertake projects not possible by smaller organisations. Survival depends on
their level of efficiency.
 Some companies are available in India also: as the concept of globalisation is
spreading.
 A young Architect designer can hope to get involved in some of the most challenging
works if they join such a corporation along with high salary, but as mentioned earlier,
this type of organisation suffers from the same set of deficiencies as in limited
company with its rigid structure, presenting a faceless organisation indifferent to an
individual’s personality and creativity.

SOURCE:https://creativemindsnitc.files.wordpress.com/2012/04/role-of-
architects-in-society.pdf, PROFESSIONAL PRACTICE,
K.G.KRISHNAMURTHY & S.V.RAVINDRA, https://www.coa.gov.in Page 10
SIGMA COLLEGE OF ARCHITECTURE
MOODODU, ANDUCODE POST
KANYAKUMARI DISTRICT - 629 168

 This corporation has to invest heavily in corporate campus buildings for distinct
corporate image requiring heavy capital investment.

Very large offices

 Have corporate status in organisation.


 Focus on separate specializations and offer services in these specialised areas, like
city planning, urban design , landscape, interior design, project management,
structural design, H.V.A.C.
 Consultancy, project feasibility reports, retail and merchandise service, accessories
design as an extension of interior design, graphic design, product design, exhibition
design, visual design, apart from regular architectural design. Due to the changing
demands of market/clients this is done in large cities.
 Separate units/departments are formed within the same firm for each of the
specializations or subsidiary firms can be formed to handle the parent firm’s jobs and
also to take up outside projects too. This method is also used to save income tax.
Some of the directors from the parent company will be on the board of its subsidiary
also.
 The reach of these companies can be transnational as their expertise can tackle
complex problems needing heavy capital investment and multiple skills to be
integrated both in linear/horizontal and vertical hierarchies. Further, they can have
multiple offices spread across the country and globe. This also involves hi-tech
transfer of data and communication (e.g. teleconferencing0 in day-to-day work.
 It can also result in convergence of the best talent and practices, concepts from
different part of the world; which will be beyond medium and big scale practices.
 These firms can encourage research and generate patents in design related fields, e.g.
structural glazing, detailing.
 Higher level of efficiency is possible due to access to high technology.
 These corporates can thrive only on large projects hence, not feasible in contexts
where there is little scope for very large projects.
 A creative person with individualistic approach may feel the loss of identity in such a
large setup. Further, large corporations tent to become rigid and less flexible due to
the nature of work; where targets need to be achieved in limited time. They tend to
become hierarchical, where the organisation is more important than an individual.

Freelancing

 Not a type of organisation, but very relevant and appealing to Architects/designers.


 Architect operates as a consultant to other Architects. They don’t have a single
office/boss/employer. They can work for several offices simultaneously from own
premises.
 Challenging and gives greater satisfaction in one’s work. They can work at their own
pace to meet deadlines. They get recognition and have large scope for freedom and
creativity.

SOURCE:https://creativemindsnitc.files.wordpress.com/2012/04/role-of-
architects-in-society.pdf, PROFESSIONAL PRACTICE,
K.G.KRISHNAMURTHY & S.V.RAVINDRA, https://www.coa.gov.in Page 11
SIGMA COLLEGE OF ARCHITECTURE
MOODODU, ANDUCODE POST
KANYAKUMARI DISTRICT - 629 168

 Highly suitable to individualistic and creative Architects who cannot and do not want
to work in official organisations.
 Problems and running an office and heavy investments are avoided.
 Risks are low and losses can be minimized.
 They employ assistants only when needed.
 Work is done on job basis. They can be choosy in selecting or accepting jobs.
 Risks involved include a high level of expertise needed in the field of work, good
rapport with other professionals to obtain projects, ability to maintain continuous
delivery of work of good quality, as it will be an individual or one man show. Other
factors like injury or ill health can affect one’s work or delivery schedules.
 One has to keep pace with latest trends in the field otherwise one’s expertise may lose
on edge.
 Freelancing can be, in general, service of design too, but is seen more in specialised
areas.
 Architect/Consultant can have greater expertise in a particular area, viz. hospital
design, hotel design or industrial design, etc. and provides specialized advice on a few
aspects of a project either to another Architect or consultant who is involved in the
overall design of the same project.
 A young architect cannot aspire to take to freelancing immediately after graduation as
it requires greater expertise and management skills which come with wider exposure
and experience, but can work towards becoming one as soon as possible. It is highly
desirable as a mode of practice.
 The architect gets due recognition and remuneration will be good apart from job
satisfaction.

Architect as a Builder/Developer

 Remains as a highly controversial and a hot-debated issue in architectural profession.


It is not strictly a mode of architectural practice, and is not classified so by the
profession.
 The professional bodies monitoring and representing the profession, like Council of
Architecture and Indian Institute of Architects do not recognise or allow or encourage
such a practice and prohibit it.
 The reason are obvious, i.e. the architect as builder can compromise on issues, like
construction quality, ethics and the client does not possess any measure to check the
architect.
 The architect acts as an advisor to the client and protects their interests as a neutral
person. This may change when they themselves become a builder and the profit
motive may become stronger affecting not only the quality of the building but also his
relationship with the client. Hence it is not permitted.
 Another viewpoint is that architects be allowed to take up building/construction also
as they can translate what they have designed more honestly into a three-dimensional

SOURCE:https://creativemindsnitc.files.wordpress.com/2012/04/role-of-
architects-in-society.pdf, PROFESSIONAL PRACTICE,
K.G.KRISHNAMURTHY & S.V.RAVINDRA, https://www.coa.gov.in Page 12
SIGMA COLLEGE OF ARCHITECTURE
MOODODU, ANDUCODE POST
KANYAKUMARI DISTRICT - 629 168

building than any contractor, whose skills are confined to building only. The work can
be faster and smoother in the absence of conflicts with the contractor.
 Needs greater capital, management skill, plant and machinery, high level of
involvement from architect/builder which may not be easy to provide by the
architect/builder. In such a case there will not be any mechanism or forum to solve
any problem that may arise between the client and architect builder.
 One can take up the building activity separately as a builder/developer under different
title as a registered company with attendant risks involved, but definitely not under
the title architect which is prohibited under present professional conduct guidelines.

LAYOUT OF ARCHITECT’S OFFICE

Location of an Architect’s office has bearing on the professional standing; hence, preferably a
central location with good access will help the practice. But in case of large and corporate
type consultancies location will not be a limitation.

Office layout

 The layout reflects the nature of office, whether a hierarchical on with clearly
designated areas or an informal open office type where hierarchy is less rigid and
personal relationships are free. It depends on the image the office tries to project as
well as the type of clients it deals with.
 The current trend is towards less hierarchical and more open type of offices, even in
large consulting firms, to promote greater work output.
 Generally, exclusive cabins/rooms are provided for the principal or partners for
greater privacy and to reflect their standing in the office.
 Senior designers may get open cabins depending on the length of service in the office
and nature of project handled by them individually. Others would be assigned specific
work area.
 In today’s offices where computerisation is normal, networking of computers makes it
possible for people to work from any table/computer rather than from a single table.
 Computers have made drawing boards and manual drafting less necessary, thereby,
saving space too.
 The distinction between work area and the principal’s offices can be distinct
depending on whether the office is formal or informal.
 The principal or principal’s office tend to reflect the personal taste compared to the
work area. A more relaxed, but business-like ambience is reflected in furniture and
other accessories.
 A few offices encourage employees to arrange their desks according to one’s taste to
promote a sense of belonging and identity to an employee.
 A separate meeting room or a discussion area is a must in offices where client
meetings or consultants meetings are held for project presentations aided by computer
generated audio-visual mode and three-dimensional models.

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 These areas can be a separate/exclusive room with all accessories or as in most offices
a portion of the office can be converted for the purpose when needed in an informal
manner.
 Some offices encourage presentation of a project by the individual project team to
their own office co-workers for comments which can fine tune the design, for which
this space is used sometimes on a regular basis.

Library

 A library is an essential requirement in any office not only to keep in touch with the
latest in the field but also to encourage experimentation and a sense of inquiry in
office staff.
 Further, documentation of not only the office projects but also of other well-known or
interesting outside projects create a large database for reference to be used for
research, publication and to prepare project reports.
 The collection can be in the form of books, journals, reports, drawings and compact
discs, films, slides, recordings.
 Access to internet and video conference facilities will be of greater value.
 Proper indexing is needed for speedier access.

Material or samples collection

 Every architect’s or consultant’s office shall have as large a sample’s collection area
as possible for reference during design.
 Today, a range of products and choice within the same product type are being offered
by the building industry. Hence, it is necessary for the designer to have a wide
collection for greater creative expression.
 It is possible to get most materials related data on compact discs thereby saving
storage space.
 All the samples are to be catalogued and displayed or filed for easy access.

Administration section

 In small offices, one or two individuals may combine/perform several functions, viz.,
that of a receptionist, accountant, typist, etc.
 In medium and large offices separate administrative officer/office manager will be
present to coordinate the various functions of the office apart from accountants to
maintain financial transactions of varied nature.
 Further, a liaison official may be present to interact with various agencies on behalf of
the office.
 Very large offices would employ even a public relation officer to represent the office.
 Apart from these people, subordinate staff, like office boys, security, personnel,
personal secretaries, etc., will be present based on the size and need of an office.

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Store

 In small offices it may include material collection blue print printing machine or
Xerox machine, storing area for drawings.
 In large and very large offices, this area may contain unused supplies and stocks of
various kinds, furniture and filling cabinets.
 Specific design can result in efficient use of available space. Spaces saving techniques
are needed in case of small offices or where the rent for office accommodation is very
high.
 An office, depending on the volume of work may possess a Xerox machine, blue
printing machine, CD writer, printer, etc.
 Otherwise, it can outsource these works to an outside agency on a regular basis.

Pantry

 An area which can combine preparation and serving of beverages, heating facility for
food, dining area for employees, drinking water fountain, coffee or tea dispensers and
such related activities.
 In case of large and very large firms, this can be a formal area specially designed as
an independent food court.
 In small offices, it becomes optional depending on space availability.
 Comfort station could be individually present or shared.

Reception area/entrance lobby

 It is important as it projects the image of the office to a visitor; his/her first encounter
with the office when one visits the office.
 It is desirable that the entrance is appealing with the office sign board, logo, address,
etc., neatly designed for clarity and access.
 Inside, the reception area can boost the image of office through photographs, models,
posters, etc., of the projects to give an idea of nature of work done in office.
 Good lighting, furniture, sculpture/paintings/murals, colour scheme, interior
landscaping, small water sources, cascades, fountains, aquarium, flooring/carpeting,
false ceiling all part of interior design can add value to the image of the office in
terms of style and operational efficiency.

Office administration: Project administration

 The principal/director in charge of administration selects the individual or team to


handle a project as soon the client approaches the office.
 In smaller firms, the architect themselves decides and takes the decisions.
 In medium and large offices a team, usually comprising a senior and junior member,
will be assigned the work, who in turn have direct access to the client and are in
charge of day-today progress involving coordination of design, programming,

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execution drawings, structural and services aspects and site supervision apart from
interacting with contractors and suppliers.
 In very large offices, there will be separate departments to deal with different aspects,
viz., initially the work will go to architectural programming section where, the
problem/work will be thoroughly analysed as system and sub-systems, their
networking, problem areas, grouping/zoning, based on requirements as required by
the project.
 Functional, structural, site factors, technology, climate characteristics, etc., will be
included to optimize the sizes, locations and grouping of functions/activities.
 Later this goes to design section where, design concepts are derived and spatial
analysis leads to shapes and forms. Plans emerge, alternatives are prepared and
evaluated and final scheme is prepared.
 Further this moves to working drawing/execution drawings section where detailed
drawings, i.e. plans, sections, elevations, and details are provided in all clarity; ready
for execution with specifications and quantities as provided by the estimation
department.
 At this stage, structural design inputs, services consultant’s inputs are either prepared
within the office or obtained from outside. Tender preparation and selection of
contractor for execution occur at this stage.
 Later site architects coordinate between contractor’s work and office work so as to
ensure that the work progresses according to design.
 In case of very large project, viz., townships, factory layout, industrial complexes,
etc., the site architect’s presence at site on whole time basis is necessary for
coordinating different agencies/individuals.
 They are the one who checks on quality of work and certifies the quantum of work
completed based on which bills are passed for payment.
 The final certificate will be released only after the expiry of defect liability period.
 A concept not usually observed is the post occupancy evaluation of the
building/complex not adopted by small and medium offices at all.
 Even large offices and consulting companies hardly resort to this practice due to time
and effort involved. This practice is desirable as it identifies problem areas and
management of these can result in more efficient use.

Office administration: Work format

 Each firm follows its own mode of presentation and preparation of drawings,
guidelines regarding site inspection books and communication format used for
different purposes.
 Well-established offices would have standardised format, viz. standard size drawing
sheet with the firm’s name and address printed at the lower half of the sheet and
instructions on the right side of sheet.
 In case of working drawings all instructions details like scale, location of detail, level,
names of people who prepared and check the drawings, date, specific instructions by

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the architect, changes made from previous drawings, job number are provided on the
right hand side of the sheet for easy reading.
 There can be standardized instructions, e.g. drawings should be read and not scaled or
in case of doubt refer back to the architect, etc., appear on every sheet while any
particular specification connected with a particular drawing or detail appear only in
the specific sheet.
 Latest instructions will always super cede the ones given earlier unless otherwise
specified.
 In case of job number, it can be year-wise, e.g. 001/spic/2004/Arch or
5601/spic/2004/interior signifying the total number of the job handled by the firm.
The client’s name and nature of work, i.e. architecture or interior can be included in
the job number.
 Some firms would have summarised concept sheet to explain the entire project in a
single sheet for clarity.
 The derivation of the concept is explained through a fixed format, i.e. site, function,
structure, technology, form and climate. Their impact on formulation of design
strategy is explained visually. This format is flexible and can be enlarged or abridged.
 Site manual in large offices will be formalised, with names of individuals in charge of
department and their contact numbers for easy coordination. These will be in regular
printed format.
 Information regarding different consultants, e.g. structural, plumbing, etc., connected
with the project will be filled in the standardised format.
 Separate work progress sheets will also be present to show the work schedule
prepared and amount of work completed.
 Well-organised offices also maintain the proceedings of client meetings and more
importantly review of work in relation to on-going projects in the office based on
suggestions and reactions of design related people to synergise and optimise decision-
making process of the office. Here there is greater employee participation in decision-
making.
 Storage and retrieval of drawings also vary from office to office. They are stored in
roll form with tags in vertical mode or in horizontal mode in regular drawing file
cabinet or can be vertically suspended from rollers to avoid folding and to conserve
space.
 Apart from these drawings can be folded and kept in individual file, but this is a crude
method of storing and drawings get damaged, and hence, to be avoided.
 Today however, all drawings can be on soft copy/CD to save space and easy retrieval;
further they can be faxed, stored for long time and copies can be made any time and in
large number.
 Changes can also be made easily. Digital technology ensures greater clarity, longer
life and has ability to make corrections and enormous storage capability. Most firms
are using computers on a large scale.

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 Apart from project administration which is the major part of office administration, the
other components are: General overall administration, Finance and Human resource
management.

General administration

 General administration involves day-today-running of office, issues of general


communication memos within the office, and with outsiders like clients, official
agencies, suppliers as also non-official agencies.
 Duties include communicating official directions from the principal/director to the
employees and maintain records of the same as per standard office procedures.
 Other aspects include maintaining attendance register, casual leave records, earned
leave record, annual leave of absence of employee, medical leave, issuing of
certificates dealing with agencies like P.F. commissioner, labour department, income
tax department, etc.
 In small or one man managed, offices, these will be handled by the architect
themselves or by a single clerk cum typist.
 It is in bigger and large corporate offices that trained administrators, typists,
stenographers form administration pool.
 Filing of records relating to office correspondence can be on year-wise or on
continual number basis.
 Filing of project-related documents, like contract, drawings, etc., can be grouped year-
wise or continual number basis or project type basis. Use of colour code, symbols
makes identification easier.
 Further storing of the same can be in individual racks, either year-wise or project type
wise. Along with code like ARCH, INT, LAND, etc., can be provided if these projects
are also handled.
 Further fine tuning like P for plans, S for sections, E for elevations and D for details
can be resorted to within a single project. These are needed for easy storing and
retrieval both in hard copy more so, in soft copy in computer or CD.

Finance

 Finance essentially deals with income and expenditure apart from savings
 The architect’s office is essentially not a commercial organization with profit motive
but all efforts should be made to increase income and control expenditure thereby
earning a reasonable profit.
 Income is generated from consultancy services of various types the office offers,
royalties, sale of any patented items, reports, visual productions made by office, hiring
out extra space or space facilities, e.g. computer time, personnel, etc.
 Expenditure includes employee’s salaries and bonuses, office stationery and
consumables, postage/mailing, drawing prints, Xeroxing of documents, internet
facilities, printing of documents, telephone/mobile expenses, fax, official vehicles

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owned by the office and their maintenance, services like water, electricity for general
lighting and a/c, coolers, etc., in addition to rent for the office accommodation.
 Others include income tax, professional tax, sales tax/commercial tax, licences from
consultants and petty cash.
 Within the office, provision is made for a pantry for light beverages and snacks to
employees including meals from outside.
 Additional expenditure includes gifts to employees and well-known clients, expenses
incurred for annual office parties or picnics entertaining clients.
 The accounts department with trained manpower has to handle these assignments
especially in large/corporate offices.
 While in small offices the architect’s assistant can manage most of these functions.
 However, whether it is a small or big office, the final annual accounts have to be
prepared by a chartered accountant for submitting to the income tax department.
 A firm or company can get various rebates for investments, purchase of books,
entertaining clients, purchase of vehicles, etc., under income-tax rules which can be
availed to reduce tax liability.

Human resource management

 The growth and well-being of a firm depends on how supportive its employees are in
achieving its objectives. Today, it is receiving due attention as part of administration.
 The idea is to hire the right type of employees, motivate them by providing the
required ambience to get the best out of them.
 Value is place on their skills to raise the quality and output of the office. The
employee is seen as a partner in progress rather than just an employee.
 Many well-established firms are adopting HRM practices which broadly include
competitive salary structure, incentives like commission on the project that is handled,
bonus for early completion of projects, greater freedom in decision-making and in
design.
 A percentage of fees is given if a project is brought to the office by an employee. All
these are in addition to salary, and increments, in salary, either yearly or half yearly.
 House rent and vehicle allowance are also given in many organisations.
 Provident fund gratuity, etc., as per prevailing law are given to employees.
 Other incentives include sponsoring for seminars, conferences, paid annual leave for
holidaying, medical check-up or hospitalisation charges, office parties and picnics to
generate greater bonding, and also sponsoring accommodation for employees from
office side.
 This department also conducts interviews for employees and trainees both at the entry
level and for promotions, encourages workers to obtain extra skills, tries to motivate
them by attending to their personal and family needs also when needed so that, the
employee remains focussed and gives their best.
 Design of the work place is dictated by this department.

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 Large offices are focussing on providing corporate culture to cater to national and
international level project/clients in view of globalisation and business processing
operations. Hence, facilities like designer uniforms, identity card, personal computers
use even for office communication, flexible office timings, and personalised entry
system are becoming inevitable. They also offer most of the incentives and facilities
discussed before.
 Small and medium offices cannot plan for such practices as of now, but, they may
have to change mode and style of delivering the services for which, adoption of these
practices at whatever scale possible becomes inevitable to remain competitive. The
face of practice is changing in terms of pace and types of services being offered.
 Globalisation and competition has resulted in greater efficiency and confidence in
many firms. Their participation is increasing as local partners to foreign firms who are
coming to India in greater numbers.

TAX LIABILITY

Indian Income Tax Act, 1961

The number of employees can be either more or less than ten. Here the tax has to be deducted
at source and deposited at income tax office. As of now taxable income of Rs.50,000/- does
not attract any income tax. This ceiling is fixed in the annual budget of the Central
Government. Certificates to people who pay income tax will be issued by the income tax
office. In other case where an employee’s income falls within tax ceiling, salary statement
will be prepared and submitted to income tax office. The tax is computed after applying
different deductions allowed as per rules. This act is applicable throughout India and is
mandatory.

Professional Tax

This is also governed by the State Legislation. The percentage to be levied varies from state
to state. Number of employees can be more or less than ten. This tax is levied on salaries
beyond a cut off amount as decided by the individual state government. The funds go to state
government. An annual statement of tax deducted at source, i.e. office should be submitted to
the profession tax officer.

Service Tax

This is regulated by a Central Legislation applicable to different types of services.


Architectural consultancy is one among them, applicable throughout India, and is based on
the number of projects handled. Its scope is getting widened due to globalisation and business
outsourcing across the world.

INDIAN INSTITUTE OF ARCHITECTS

 In 1917, a group of people who were past students of architecture of Sir J.J. school of
art decided to form themselves into an association and it was decided to christen the
infant "the architectural students association"
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 The activities of the association showed, steady progress, members began to seriously
consider an improvement in status of the association. The word "students" seemed
inapt for a body that had now practicing architects within it. In 1922, it announced the
formal inauguration of the rechristened association The “Bombay architectural
students association” in Mumbai.

 Its affiliation to the Royal Institute of British architects in 1925 and re-considered
aims and objectives it was converted to IIA in the year 1929.

 The Indian Institute of Architects (IIA) is the national body of architects in our
country.

 The institute today has more than 12000 members.

 The institute has a major role in promoting the profession of architects by uniting and
organizing in fellowship the architects of India to promote aesthetic, scientific and
practical efficiency of the profession.

 IIA is represented on various national and international committees connected with


art, architecture and the building industry is also actively associated with

a. International union of architects (UIA)

b. Commonwealth association of architects(CAA)

c. South Asian association for regional co-operation of architects.

 IIA has six classes of membership:

a. Honorary fellows - any individual who is not necessarily a qualified architect but has
contributed to the growth of architectural profession.

b. Associates - any person who has attained the age of 21 and graduated from one of the
institutions registered with Council of Architecture.

c. Licentiates - any person who is registered with COA is eligible to apply for licentiate
member.

d. Students - a student enrolled in any one of the architectural institutions – can on


application, become a student member.

e. Retired members - any fellow, associate or licentiate after attaining the age of 55 and
on completely retiring from service or profession can apply for this post.

f. Subscribers - a subscriber shall be either a person who was a member of the Bombay
architectural association at the time of adoption of the original constitution of the
institute, now amended or a person who in the opinion of the council is likely to
render assistance in promoting the objects of the institute.

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Council

All affairs of the institute is be managed by the council, but will be subject to the control by
the general body of the institute. The council holds office for a period of 2 official years.

Council consists of:

o President
o 2 Vice President
o Hon. Treasurer
o 2 or more Joint Secretaries
o The immediate past President
o Chairman of 5 regional committees
o Chairman of all chapters
o The Hon. Editor of the Journal.

ROLE OF INDIAN INSTITUTE OF ARCHITECTS

 It encourages the science and the art of planning and building the standards of
architectural education, training and practice, by making grants to Technical
Institutions, or by paying or assisting to pay the fees and expenses of students or by
providing and giving scholarships, prizes or other rewards to such students, or by any
or all such methods.
 It devises and imposes the means for testing the qualifications of the candidates for
admission to membership of the Institute, by examination in theory and in practice, or
by any other tests, or to arrange with any technical Institute or Institutions for the
imposition of any such tests.
 It looks into all factors affecting the practice of architecture and it initiates and
watches over measures affecting, or likely to affect, the practice of Architecture, and
to procure such changes of and amendments in the law relating to or affecting the
practice of Architecture.
 It holds conferences or meetings for the discussion of, and the exchange of news and
matters affecting or relating to architecture, the reading of papers and the delivery of
lectures, and hold congresses or exhibitions (either jointly with any other body or
Institution or otherwise) for the exposition of any matters affecting or relating to the
theory or practice of Architecture or any allied subject; and to award medals,
certificates, prizes or diplomas in connection therewith.
 It co-ordinates the activities of the building industry and of the Profession of
Architecture, and too amalgamate or combine or act temporarily or otherwise, in
conjunction with any other body or bodies, Institution or Institutions, having like or
similar objects.
 It purchases, leases, rents, holds and disposes of any land or property, and any
building or hall and erects any such building or buildings to be used as place of
meeting for the members of the institute, or as a college, school or reading room or
library for the advancement of the object of the institute, and provides

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accommodation for any meeting, conference, exhibition or congress, whether


promoted wholly or partly by the Institute or which, in the opinion of the Council,
may conduce to or assist in the carrying on with the objects of the Institute or tend to
do so.
 It acquires by purchasing, donation, and request or otherwise a library and collection
of models, drawings, designs or other materials, and to maintain, extend and improve
the same.
 It formulates and notifies the law and practice relating to Architecture to members and
the public, and to compile, collect, collate, revise, print and publish statistics,
professional records or periodicals relating to any of the objects of the Institute.
 It issues appeals for funds in furtherance of the objects of the Institute, to accept any
gift, endowment or bequest mode to the Institute, and to carry any trust attached to
any such gift, endowment or bequest, and to borrow moneys, if required for the
purpose of the Institute, provided such gifts, endowments, bequests or loans shall be
accepted if they are not accompanied by conditions inconsistent or in conflict with the
objects for which the Institute is established.
 It ensures the advancement of the living standards of our people through their
improved environment and to make the profession of ever increasing service to
Society.
 It constitutes various classes of members including Honorary Fellows who are
influential and experienced people directly or indirectly from the field.

ARCHITECT’S ACT, 1972

 An Act to provide for the registration of architects and for matters connected
therewith.

 It has come into force from 31st May 1972 and extends to the whole India.

 It contains 4 Chapters with 45 Sections along with one Schedule.

GENRAL READING IS REQUIREDFOR THE POINTS MENTIONED BELOW

Chapter - I (Preliminary)

1)

1. This Act may be called the Architects Act, 1972.

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,

a. "Architect" means a person whose name is for the time being entered in the register;

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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.

Chapter – II

 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.
 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.

3) The Council shall consist of the following members, namely:-


a. Five architects possessing recognized qualifications elected by the Indian Institute of
Architects from among its members;
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;
c. Five persons elected form among themselves by heads of architectural institutions in
India imparting full-time instruction for recognised qualifications;
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;
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,--

 "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.
 "Institution of Surveyors of India" means the Institution of surveyors registered under the Societies
Registration Act, 1860.

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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.

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.

 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 –
o 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;
o 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.

 The President and the Vice-President of the Council shall exercise such powers and discharge such
duties as may be prescribed by the regulations.

5)

1. Elections under this Chapter shall be conducted in such manner as may be


prescribed by rules.

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:
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.

3. The expenses of the Tribunal shall be borne by the Council.

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.

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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.

3. A member shall be deemed to have vacated his seat --

a. If he is absent without excuse, sufficient in the opinion of the Council, from


three consecutive ordinary meetings of the Council; or

b. 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

c. 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.

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.

5. Members of the Council shall be eligible for re-election or re-nomination, but not
exceeding three 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 -

a. Any vacancy in, or defect in the constitution of the Council, the Executive Committee
or any other committee, or

b. Any defect in the election or nomination of a person acting as a member thereof, or

c. Any irregularity in procedure not affecting the merits of the case.

8) A person shall not be eligible for election or nomination as a member of the Council, if
he/she --

a. Is an un discharged insolvent; or

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.

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.

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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.

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.

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.

2. The Executive Committee shall consist of the President and the Vice-President of the
Council who shall be member’s ex-officio and five other members who shall be
elected by the Council from among its members.

3. The President and the Vice-President of the Council shall be the Chairman and Vice-
Chairman respectively of the Executive Committee.

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.

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.

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.

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;

b. Appoint such other officers and employees as the Council deems necessary to
enable it to carry out its functions under this Act;

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.

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

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person appointed by the Central government, who shall hold office during the
pleasure of the Central Government.

3. All the persons appointed under this section shall be the employees of the Council.

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.

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.

3. The Council shall keep proper accounts of the Fund distinguishing capital from
revenue.

4. The annual accounts of the Council shall be subject to audit by an auditor to be


appointed annually by the Council.

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.

6. The Fund shall consist of --

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.

14)

1. The qualifications included in the schedule or notified under section 15 shall be


recognised qualifications for the purposes of this Act.

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

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against such architectural qualification declaring that it shall be a recognised


qualification only when granted after a specified date.

3. 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 :

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.

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.

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.

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.

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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.

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.

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.

20)

1. When upon report by the Executive Committee it appears to the Council -

1. 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

2. 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.

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.

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.

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

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,

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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.

5. For the purposes of this section, "appropriate Government" means --

. 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. In any other case, the State Government.

21) The Council may prescribe the minimum standards of architectural education required
for granting recognised qualifications by colleges or institutions in India.

22)

a. The Council may by regulations prescribe standards of professional conduct and


etiquette and a code of ethics for architects.

b. 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.

Chapter – III

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.

2. The Council shall upon its constitution assume the duty of maintaining the register in
accordance with the provisions of this Act.

3. The register shall include the following particulars, namely :-

a. The full name with date of birth, nationality and residential address of the
architect ;

b. His qualification for registration, and the date on which he obtained that
qualification and the authority which conferred it ;

c. The date of his first admission to the register;

d. His professional address ; and

e. Such further particulars as may be prescribed by rules.

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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.

2. The Council shall upon its constitution assume the duty of maintaining the register in
accordance with the provisions of this Act.

3. The register shall include the following particulars, namely :-

a. The full name with date of birth, nationality and residential address of the
architect ;

b. His qualification for registration, and the date on which he obtained that
qualification and the authority which conferred it ;

c. The date of his first admission to the register;

d. His professional address ; and

e. Such further particulars as may be prescribed by rules.

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.

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.

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.

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.

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.

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6. The Registrar shall amend, where necessary, the register in accordance with the
decisions of the authority appointed under sub-section (4).

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.

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.

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 --

a. Holds a recognised qualification, or

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

c. Possesses such other qualifications as may be prescribed by rules :

Provided that no person other than a citizen of India shall be entitled to registration
by virtue of a qualification --

d. 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

e. 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.

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.

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
:

3. 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.

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4. 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.

5. 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.

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.

2. Where the renewal fee is not paid before the due date, the Registrar shall remove the
name of the defaulter from the register :

3. Provided that a name so removed may be restored to the register on such conditions
as may be prescribed by rules.

4. On payment of the renewal fee, the Registrar shall, in such manner as may be
prescribed by rules, endorse the certificate of registration accordingly.

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.

29)

1. The Council may, by order, remove from the register the name of any architect -

a. From whom a request has been received to that effect, or

b. One, who has died since the last publication of the register

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, --

a. That his name has been entered in the register 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 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.

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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.

4. An order under sub-section (2) shall not take effect until the expiry of three months
from the date thereof.

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.

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

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.

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.

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.

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 therefore 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.

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.

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.

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Chapter - IV (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.

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 :

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";

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), --

c. "Landscape architect" means a person who deals with the design of open
spaces relating to plants, trees and landscape;

d. "Naval architect" means an architect who deals with design and construction
of ships.

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.

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.

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.

2. No Magistrate other than a Presidency Magistrate or a Magistrate of the first class


shall try any offence punishable under this Act.

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40)

1. The Council shall furnish such reports, copies of its minutes, and other information to
the Central Government as that Government may require.

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.

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 there under.

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.

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: 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.

44)

1. The Central Government may, by notification in the Official Gazette, make rules to
carry out the purposes of this Act.

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 : -

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;

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;

c. The particulars to be included in the register of architects under sub-section


(3) of section 23;

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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.

e. The fee to be paid under sections 24, 25, 26, 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;

g. The manner of endorsement under sub-section (3) of section 27;

h. The manner in which the Council shall hold an enquiry under section 30;

i. The fee for supplying printed copies of the register under section 34.

j. Any other matter which is to be or may be provided by rules under this Act

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.

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 there under to carry out the purposes of this Act.

2. In particular and without prejudice to the generality of the foregoing power, such
regulations may provide for -

a. The management of the property of the Council;

b. The powers and duties of the President and the Vice-President of the Council;

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;

d. The functions of the Executive Committee or of any other committee


constituted under section 10;

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;

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f. The appointment, powers and duties of inspector;

g. The standards of staff, equipment, accommodation, training and other


facilities for architectural education;

h. The conduct of professional examinations, qualifications of examiners 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;

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.

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.

COUNCIL OF ARCHITECTURE (COA)

The council consists of the following members:

 5 architects possessing recognised qualifications elected by the Indian Institute of


Architects.
 2 persons nominated by the All India Council for Technical Education.
 5 persons elected from among themselves by heads of architectural institutions in
India imparting full time instruction for recognised qualification.
 3 Chief Architects from MES, Railways and C.P.W.D.
 1 person nominated by Central Government.
 An architect from each State nominated by the government of that state.
 2 persons nominated by the Institution of Engineers (India) from among its members.
 1 person nominated by Institution of surveyors from among its members.

Main Function of COA

 Enrolment of persons holding recognised qualifications.


 Holding enquires into misconduct of registered architects and taking necessary action.
 Prescribing standards of professional conduct and etiquette and code of ethics for
architects.
 Assessment of the standards of education and training of architects.
 President and Vice President: They are elected by the members of the council for a
period of 3 years or till they ceases to be a member of the Council.
 Executive Committee hall consists of President and Vice President as Chairman and
Vice Chairman and five other elected members of the Council.
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 Regulations prescribe powers of Executive.


 The qualifications included in the schedule or notified under Section 15 shall be
recognised qualifications under this Act.

IMPORTANCE OF ETHICS IN PROFESSIONAL PRACTICE

ETHICS is defined broadly and simply as the study of how our decision affect other people.
It is also the study of people’s rights and duties, the moral rules that people apply in making
decisions, and the nature of relationship among people. Ethics deal with moral duty and
obligation, and gives rise to a set of values, which in turn, are used to judge the
appropriateness of a particular conduct or behaviour.

 The code of ethics regulates the professional behaviour, and represents the values on
which the profession stands for.
 Values generate faith in people that their interests are in safe hands, and it would
improve quality of life.
 The code of ethics is based on the principles of truth, honesty, justice,
trustworthiness, to respect and safeguard human life and its welfare, competence
and the accountability which constitutes values every professional ought to
recognise and uphold.

CODE OF CONDUCT FOR ARCHITECTS AND PUNITIVE ACTION FOR


PROFESSIONAL MISCONDUCT OF AN ARCHITECT

Architects (professional conduct) regulations 1989: under Architects Act 1972

Certain regulations are made to promote the standard of professional conduct/self-discipline


required of an architect. Any violation shall constitute a professional misconduct.

A. Conditions of engagement and scale of professional fees and charges:


 Architect acts as a professional advisor to his/her client and his/her advice
must be absolutely unbiased.
 While interpreting conditions of contract, he/she discharges quasi-judicial
functions as between client and contractor and he/she should ensure
impartiality.
 The architect has moral responsibilities towards his/her professional associates
and subordinates. These conditions of engagement are for the mutual benefit
of both clients and the architect. The architect fulfils comprehensive
responsibilities in cooperation with members of other professions.
 The quality of environment ultimately depends on the successful application
of his creative skill.
B. Architects (Professional Conduct) Regulations 1989:

Architect shall

1. Ensure that the professional activities do no conflict with the general responsibility to
contribute to the quality of the environment and future welfare of society.
2. Apply skill to the creative, responsible and economic development of his country.
3. Provide professional services of a high standard, to the best of ability.

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4. If in private practice, inform the client of the conditions of engagement and scale of
charges and agree that these conditions shall be the basis of one’s appointment.
5. Do not sub commission to another architect or architects the work for which one has
been commissioned without prior agreement of the client.
6. Do not give or take discounts, commissions, gifts or other inducements for the
introduction of clients or of work.
7. Act with fairness and impartiality when administering a building contract.
8. Maintain a high standard of integrity.
9. Promote the advancement of architecture, standards of architectural education,
research training and practice.
10. Conduct in a manner which is not derogatory to the professional character, not likely
to lessen the confidence of the public in the profession, nor bring architects into
disrepute.
11. Compete fairly with other architects.
12. Observe and uphold the Council’s conditions of engagement and scale of charges.
13. Do not prepare designs in competition with other architects for a client without
payment or for a reduced fee (except in a competition conducted in accordance with
the architectural competition guidelines approved by the Council).
14. Do not attempt to obtain, offer to undertake or accept a commission for which one
knows another architect has been selected or employed until he/she has evidence that
the selection, employment or agreement has been terminated and one has given the
previous architect written notice to that effect. Provided that in the preliminary stages
of works, the client may consult, in order to select the architect, as many architects as
he/she wants provided he/she makes payment of charges to each of the architects so
consulted.
15. Comply with Council’s guidelines for architectural competitions and inform the
Council of his appointment as assessor for an architectural competition.
16. When working in other countries, observe the requirements of codes of conduct
applicable to the place where one is working.
17. Do not have or take as partner in one’s firm any person who is disqualified for
registration by reason of the fact that his/her name has been removed from the
Register under Section 29 or 30 of the Architects Act, 1972.
18. Provide employees with suitable working environment compensate them fairly and
facilitate their professional development.
19. Recognize and respect the professional contribution of the employees.
20. Provide the associates with suitable working environment compensate them fairly and
facilitate their professional development.
21. Recognize and respect the professional contribution of one’s associates.
22. Enter into agreement with them; define their scope of work, responsibilities,
functions, fees and mode of payment.
23. An architect shall not advertise his/her professional services nor be part of any
publicity material/endorsement. However, change of address may be published, allow
his/her name at project site (of which he/she is the consultant) or his/her office
provided the size of lettering does not exceed 10cm in height, provide his/her name
for tender documents or foe staff selection, publication of his/her work in media, but
not for remuneration, in brochures as the consultant of project being promoted along
with his/her experience or in telephone/web documents. In a partnership also these
guidelines are applicable. If an architect practices as a partner in a partnership firm or
is in charge and is responsible to a company registered under the Companies Act,
1956 for the conduct of business of such company, he/she shall ensure that such

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partnership firm or the company, as the ease may be, complies with the provisions of
above regulation. Violation of any of the provisions of above regulation shall
constitute a professional misconduct.

Professional Negligence

Negligence of an architect means failure to take reasonable degree of care in the course of the
engagement for rendering professional services.

Any person aggrieved by the professional negligence and/or deficiency in services provided
by the architect, the matter shall be referred to the Council of Architecture under Rule 35 of
the Council of Architecture Rules, 1973, to adjudicate whether the architect is guilty of
profession misconduct or not.

Deficient Services

Deficiency, as defined under Section 2(1)(g) of the Consumer Protection Act, 1986, means
any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of
performance which is required to be maintained by or under any law for the time being in
force or has been undertaken to be performed by a person in pursuance of a contract or
otherwise in relation to any service.

An Architect is required to observe and uphold the Council’s Conditions of Engagement and
Scale of Charges while rendering architectural services in terms of Regulation 2(1) (xii) of
the Architects (Professional Conduct) Regulations, 1989. Thus, failure to provide any
service/services that is/are necessary for discharge of his/her duties and functions for the
project for which he/she has been engaged, amount to deficient service.

Nature of Liability

An architect is liable for the negligent act which he/she committed in the performance of
his/her duties. The action against an architect can be initiated by the client on satisfying the
following conditions:

1. There must be a duty to take care, which is owned by an architect to his/her client.
2. There must be failure on the part of an architect to attain that standard of care
prescribed by law, thereby committed breach of such duty.
3. The client must have suffered damage due to such breach of duty.

Disciplinary Action under the Architects Act, 1972

If an architect is found guilty of professional misconduct, he/she is liable for disciplinary


action by the Council of Architecture under section 30 of the Architects Act, 1972.

Civil and Criminal Action in the Courts of Law

The disciplinary action taken by the Council of Architecture against the architect who has
been found guilty of professional misconduct does not absolve their of their liabilities under
the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973, if any.

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Some of the relevant laws include The Law of Torts, The Consumer Protection Act, 1986 and
The Indian Penal Code 1860 and so on.

Note: Assignment

- Organisational structure of an Architect’s office

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