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COUNCIL OF ARCHITECTURE RULES 1973*
G.S.R. 67 (E) - in exercise of the powers conferred
by Section 44 of The Architects Act, 1972 (No.20 of 1972),
(Amended Vide GSR 751 Notification dt. 10.10.1987) the Central
Government hereby makes the following rules, namely
:-
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Chapter - I |
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Preliminary
- Short title and commencement -
- These rules may be called the Council of Architecture Rules
1973.
- These rules shall come into force on the date of their
publication in the official Gazette.
- Definitions - In these rule, unless the context otherwise
requires -
- "Act" means the Architects Act, 1972;
- "Form" means a form annexed to these rules;
- "President" means the President of the Council of
Architecture;
- "Returning Officer" means any officer appointed as such by
the Central Government for the purpose of these rules;
- "Section" means a section of the Act. Election to the
Council under clause (a) of sub-section (3) of section
3.
- Representatives of the Indian Institute of Architect -
- The President shall, not later than sixty days before the
date of occurrence of vacancy by the expiry of the term of
office of a member, send intimation thereof to Central
Government who shall, not later than forty five days before the
date of occurrence of the vacancy, forward a notice by
registered post to the Secretary of the Indian Institute of
Architects requesting him to hold an election by a date not
later than the date specified in the notice.
- In the case of a vacancy under sub-section (2) or
sub-section (3) of section 6 or any other vacancy, the President
shall notify the Central Government as soon as possible the
occurrence of such vacancy and the Central Government shall
thereupon forward a notice by registered post to the Secretary
of the Indian Institute of Architects requesting him to hold an
election to fill that vacancy by a date not later than the date
specified in the notice.
- For the purpose of the first election under clause (a) of
sub-section (3) of section 3, it shall be sufficient if the
Central Government forward a notice by registered post to the
Secretary of the Indian Institute of Architects requesting him
to hold the election by a date not later than the date specified
in the notice.
- Intimation of name of elected person to Central Government
- The name of the elected person shall be intimated by the
Secretary of the Indian Institute of Architects to the Central
Government who shall take steps to publish the name of the elected
person in the Official Gazette. Election to the Council under
clause (c) of sub-section (3) of section 3.
- Persons entitled to vote and to stand for election
- All persons who are the heads of architectural
institutions in India imparting full-time instruction for
recognised qualifications shall be entitled to vote at and to
stand for the election of a member under clause (c) of sub-section
(3) of section 3.
- Returning Officer - The Returning Officer shall
call upon all the head of architectural institutions in India to
elect such number of members as are referred to in clause (c) of
sub-section (3) of section 3 and in the case of first election,
five members shall be elected.
- Returning Officer to decide questions relating to right of
persons to vote at or to stand for election - If any
question arises as to whether a person is or is not entitled to
vote at or to stand for the election, the question shall be
referred to the Returning Officer (for his
decision)1.
- Fixation of dates of various stages of election - The
Returning Officer shall appoint and notify in the Official Gazette
and in such other manner as he thinks fit, the date, the time and
place for -
- the receipt of nomination papers and their scrutiny;
- the despatch of voting papers to the elections;
- the poll, the scrutiny and counting of
votes.
* Published in the Extra-ordinary Gazette of India
Part-ll Sec.3 Sub-Sec (i) on 20.2.1973.
1. Amended by Notification GSR No. 1104 dated
26.9.1973.
- Nomination of Candidates - Any person qualified to
stand for the election under this chapter may be nominated as a
candidates for election and such nomination shall be made by means
of a nomination paper in Form No. 1 which shall be supplied by the
Returning Officer to any elector who may apply for the
same.
- Nomination Paper -
- Each nomination paper shall be subscribed by two electors as
proposer and seconder:
Provided that no elector shall
subscribe more nominations than there are seats to be filled
up:
Provided further that if more than prescribed number of
nomination papers be subscribed by the same elector, the
prescribed number of nomination papers first received by the
Returning Officer shall, if otherwise in order, be held to be
valid and if more than the prescribed number of nomination
papers subscribed by the same elector be received simultaneously
by the Returning Officer, all such nomination papers shall be
held invalid.
- On receipt of each nomination paper, the Returning Officer
shall forthwith endorse thereupon the date and hour of
receipt.
- Rejection of nomination paper - A nomination paper
which is not received before the date and the time appointed in
that behalf shall be rejected.
- Scrutiny of nomination paper -
- On the date and at the time appointed by the Returning
Officer for the scrutiny of the nomination papers, the
candidates and the proposer and the seconder of each candidate
may attend the office of the Returning Officer, who shall allow
them to examine the nomination papers of the candidates which
have been received by him as aforesaid.
- The Returning Officer shall examine the nomination papers
and decide all questions which may arise as to the validity of
any nomination.1
- Withdrawal of candidate -
- Any candidate may withdraw his candidature by notice in
writing signed by him and delivered to the Returning Officer not
later than seventeen clear days before the date appointed for
the poll.
- A candidate who has withdrawn his candidates shall not be
allowed to cancel the withdrawal or to be re-nominated as a
candidate for the same election.
- The Returning Officer shall, on receiving a notice of
withdrawal, publish the fact of such withdrawal in the Official
Gazette.
- Procedure of election -
- Where the number of candidates validity nominated is equal
to or less than the number of members to be elected, the
Returning Officer shall forthwith declare such candidates to be
duly elected.
- Where the number of such candidates is less than the number
of members to be elected, the Returning Officer shall commerce
fresh proceedings for the election of the remaining members to
be elected under clause (c) of sub-section (3) of section
3.
- Where the number of such candidates exceeds the number of
members to be elected, the Returning Officer shall forthwith
publish their names and addresses in the Official Gazette and
shall further cause their names to be entered in the voting
paper in Form No. II.
- If a poll is found necessary, the Returning Officer shall,
fourteen days before the date appointed therefore, send by post
to each elector a letter of intimation in Form No. IV together
with a numbered declaration paper in Form No. III containing the
names of the candidates in alphabetical order and bearing the
Returning Officer's initials or facsimile signature, a voting
paper cover addressed to him (the Returning Officer) and an
outer cover also addressed to him. A certificate of posting
shall be obtained in respect of each such letter of intimation
sent to an elector:
Provided that the voting paper and other
connected papers may also be sent to any elector on his applying
to the Returning Officer for the same before the date appointed
for the poll, if the Returning Officer is satisfied that the
papers have not been sent to him.
- An elector who has not received the voting and other
connected papers sent to him by post or who has lost them or in
whose case the papers before their return to the Returning
Officer have been inadvertently spoilt, may transmit a
declaration to that effect signed by himself and request the
Returning Officer to send him fresh papers and if the papers
have been spoilt, the spoilt papers shall be returned to the
Returning Officer who shall cancel them on receipt.
- In every case in which fresh papers are issued, a note shall
be kept in a register maintained for the purpose to denote that
fresh papers have been issued to certain members.
- No election shall be invalid by reason of the non-receipt by
an elector of his voting paper.
- Votes to be sent by registered post - Every elector
desirous of recording his vote shall, after filing up the
declaration paper and the voting paper according to the directions
given in the letter of intimation, enclose the voting paper in the
voting paper cover, seal up the cover, enclose the cover and
declaration paper in the outer envelope addressed to the Returning
Officer, and send the outer envelope by registered post at the
elector's own cost to the Returning Officer, so as to reach him
not later than the date fixed for the poll and all envelopes after
that day shall be rejected.
1. Amended by Notification GSR No. 1104 dated
26.9.1973.
- Endorsement by Returning Officer on registered cover -
On receipt by registered post of the envelopes containing the
declaration paper and the closed cover containing voting paper,
the Returning Officer shall endorse on the outer envelops the date
and hour of receipt.
- Candidates may be present when registered covers are opened
-
- The Returning Officer shall open the outer envelopes
immediately after the closing of the poll at the place to which
the envelopes are addressed to him.
- Any candidate may be present in person or may send a
representative duly authorised by him in writing to attend at
the time the outer envelopes are opened.
- Rejection of voting papers -
- A voting paper cover shall be rejected by the Returning
Officer if: _
- the outer envelope contains no declaration paper outside
the voting paper cover; or
- the declaration paper is not the one sent by the Returning
Officer; or
- the declaration paper is not signed by the elector,
or
- the voting paper is placed outside the voting paper cover;
or
- more than one declaration paper or voting paper cover have
been enclosed in one and the same outer
envelope.
- In each case of rejection, the word "Rejected" shall be
endorsed on the voting paper cover and the declaration
paper.
- After satisfying himself that the electors have affixed
their signatures to the declaration papers, the Returning
Officer shall keep all the declaration papers in safe custody,
pending disposal under rule 20(1).
- Scrutiny and counting of votes -
- The Returning Officer shall attend, for the purpose of
scrutiny and counting of the votes at the date, time and place
appointed by him in this behalf:
Provided that the date so
appointed shall not be later than three days from the date fixed
for the poll.
- All the voting paper covers, other than whose rejected under
rule 18, shall be opened and the voting papers taken out and
mixed together. The voting papers shall then be scrutinised and
the valid votes counted.
- A voting paper shall be invalid if -
- it does not bear the Returning Officer's initials, or
facsimile signature; or
- a voter signs his name or writes a word or makes any mark
on it, by which it becomes recognizable as his voting paper;
or
- no vote is recorded thereon; or
- the number of votes recorded there on exceeds the number
of seats to be filled; or
- it is void for uncertainty of the vote
exercised.
- Any candidate may be present in person or may send a
representative duly authorised by him in writing to watch the
process of counting.
- The Returning Officer shall show the voting papers, if
requested to do so, to the candidates or their authorised
representatives at the time of scrutiny and counting of
votes.
- If any objection is made to any voting paper on the ground
that it does not comply with the requirement or to any rejection
by the Returning Officer of a voting paper, it shall be decided
at once by the Returning Officer.1
- The Returning Officer shall nominate such number of
scrutinizers as he thinks fit in accordance with such directions
as may be issued in this behalf by the Central
Government.
- Declaration of result -
- When the counting of the votes has been completed, the
Returning Officer shall draw up a list of candidates in the
order of highest votes polled by each and shall declare the
result of the successful candidates in that order according to
the number of seats to be filled up.
- When an equality of votes is found to exist among any
candidates and there is difficulty in declaring the result, the
determination of the person or persons who shall be deemed to
have been elected shall be made by lot to be drawn by the
Returning Officer or any other officer authorised by him and in
such manner as he may determine.
- The Returning Officer as soon as the result is declared
shall inform the successful candidate by letter of his being
elected to the Council.
- Voting papers to be retained for six months - Upon the
completion of the counting and after the result has been declared,
the Returning Officer shall seal up the voting papers and all
other documents relating to the election and shall retain the same
for a period of six months and shall not destroy or cause to be
destroyed the records even after six months without the previous
concurrence of the Central Government.
- Result of election - The Returning Officer shall
intimate the name of the elected candidates to the Central
Government.
1. Amended by Notification GSR No. 1104 dated
26.9.1973.
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Chapter -
IV |
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Election of President and Vice-President of
the Council under sub-section (1) of section 4
- Election of President -
- The President of the Council shall be elected by the members
of the Council present at the time of election from amongst
themselves.
- The date, time and place of election shall be intimated, to
each of the members of the Council by the nominated President of
the Council.1
- Any member present shall be entitled to propose the name of
any other member present for election as the President and that
proposal shall be required to be seconded by a member other than
the proposer or the one whose name is proposed :
Provided
that one member shall be entitled to propose or second only one
name.
- Any candidate may withdraw his candidature before the actual
election.
- If the name of only one candidate is duly proposed and
seconded, the Returning Officer shall forthwith declare in Form
No.VIII such candidate as duly elected.
- If the number of candidates duly proposed and seconded
exceeds one, an election shall be held by secret ballot.
- Before the commencement of the election, the Returning
Officer shall invite the members of the Council to inspect the
ballot box, in case they like to do so, and he shall then lock
the box.
- At the time of actual election, the members present in the
meeting shall, one by one, sign against their names in the list
containing the names of all the members in alphabetical order
and placed along side the ballot box.
- After a member has signed his name in the said list, he
shall be given a ballot paper in Form No. VII which he shall
drop into the ballot box after affixing there on a cross (X)
mark against the name of the candidate of his choice.
- As soon as the members present and wishing to exercise the
right to vote have done so, the Returning Officer shall open the
ballot box and take out from it all the ballot papers, examine
them and reject as invalid such of them:
- on which the vote has been given in favour of more than
one candidate; or
- on which vote mark is placed in such a manner as to make
it doubtful as to which candidate the vote has been
given.
- The Returning Officer shall then proceed to arrange the
valid votes according to the candidates in whose favour they
have cast and count them separately for each.
- After the counting is over, the Returning Officer shall make
an announcement in the meeting about the votes secured by each
of the candidates and the Returning Officer shall also declare
in Form No. VIII the candidate securing the largest number of
valid votes as duly elected to be the President of the
Council.
- In the event of two or more candidates securing the same
number of votes and that number being more than the number of
votes secured by any candidate other than the two or more
securing the same number of votes, the determination as between
such candidates shall be by draw of lots and the candidate on
whom the lot falls, shall be declared elected.
- Election of Vice-President - For the election of the
Vice-President, the provisions of rule 23 shall apply as if for
the expressions "President" and "Nominated President" occurring
therein, the expressions "Vice-President and "Elected President"
were respectively substituted.
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Chapter - V |
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Election of members of the Executive
Committee of the Council under sub-section (2) of section 10
- Election of member -
- The President of the Council shall intimate the date, time
and place of the election of members of the Executive Committee
to each of the members of the Council.2
- On the date, time and place fixed for the purpose any member
of the Council present may propose the name of any other member
of the Council for election as member of the Executive Committee
and such proposal shall be required to be seconded by a member
of the Council other than the proposer or the one whose name is
proposed:
Provided that no member can propose or second more
names than there are seats of the Executive Committee to be
filled up.
- Any candidate may withdraw his candidature before the actual
election.
- Where the number of candidates duly proposed and seconded is
equal to or less than the number of members to be elected, the
Returning Officer shall forthwith declare such candidates to be
duly elected.
- Where the number of such Candidates is less than the number
of Candidates to be elected, the Returning Officer shall
commence fresh proceedings for the election of the remaining
members of the Executive Committee to be elected.
- Where the number of candidates duly proposed and seconded
exceed the number of members to be elected, election shall be
held by secret ballot.
- Before the commencement of the election, the Returning
Officer shall invite the members of the Council present to
inspect the ballot box, in case they like to do so, and he shall
then lock the ballot box.
- At the time of actual election the members present in the
meeting shall, one by one, sign against their names in the list
containing names of all the members in alphabetical order and
placed along side the ballot box. After the member has signed
his name in the said list, he shall be given a ballot paper in
Form No. IX which he shall drop into the ballot box after
affixing thereon cross (X) marks against the names of as many
candidates of his choice as there are seats to be filled
up.
- As soon as all the members present and wishing to exercise
the right to vote have done so, the Returning Officer shall open
the ballot box and take out from it all the ballot papers,
examine them and reject as invalid such of them. _
- on which the vote has been given in favour of more
candidates than there are seats to be filled up; or
- on which vote mark is placed in such a manner as to make
it doubtful as to which candidate or candidates the vote has
been given.
- The Returning Officer shall proceed to arrange the valid
votes according to the candidates in whose favour they have been
given and count them separately for each.
- After the counting is over, the Returning Officer shall make
an announcement in the meeting about the votes secured by each
of the candidates and the Returning Officer shall also declare
in Form No. X the requisite number of the candidates securing
the largest number of valid votes as duly elected to be the
members of the Executive Committee of the Council.
- In the event of two or more candidates securing the same
number of votes, the determination as between such candidates
shall be by draw of lots and the candidate on whom the lot falls
shall be declared
elected.
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Chapter -
VI |
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- Tribunal - When any dispute arises as a result
of the election to the Council, the aggrieved party shall, within
thirty days from the date of declaration of the result of the
election, make an application giving full particulars of the facts
supported by documentary evidence, if any, to the Secretary of the
Council, who shall refer the matter to the Tribunal appointed by
the Central Government under sub-section (2) of section 5.
- Deleted.1
- List of registered architects and cost of list -
The council shall cause to be published in the Official Gazette
list of registered architects along with their registration number
as on the first day of April each year and the printed copy of the
said list shall be made available on payment of a fee of
Rs.2.
- Application for registration - Every architect who
desires to have his name entered in the register shall submit an
application in Form No. XI together with documentary evidence
about his eligibility for registration accompanied by a draft of
Rs. 500* in favour of the Secretary, Council of Architecture, New
Delhi, for issue of a certificate of registration and the
certificate of registration shall be issued in Form No.
XII.
- Renewal fee - The renewal fee under sub-section (1) of
section 27 shall be Rs.500* with an option for one time payment of
Rs.5000*.
- Manner of endorsement on a certificate of
registration:- As soon as the renewal fee is paid within the
specified period, the Registrar shall endorse the certificate of
registration in a separate space specifically left for the purpose
stating that the certificate is valid upto the 31st
December.............
- Restoration to the register - The Council may, on an
application received in this behalf from a person whose name has
been removed from the register due to non-payment of renewal fee,
consider the eligibility of the restoration of his name in the
register and restore his membership on payment of a restoration
fee of Rs.1000*.
- Entry of additional qualifications - An architect who
desires to have additional qualification entered in the register
may do so by paying Rs.100** for each additional qualification and
the additional qualifications shall be entered in the certificate
of registration under a separate column.
- Duplicate certificate - Where it is shown with
sufficient evidence to the satisfaction of the Registrar that the
original certificate of registration has been lost or destroyed, a
duplicate certificate shall be issued in Form No. XIII on payment
of Rs. 500* and the fact of the issue of duplicate certificate
shall be notified in the Official Gazette.
1. Amended by Notification GSR No. 1104 dated
26.9.1973.
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Chapter -
VII |
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- Complaints and enquiries relating to professional
misconduct of an architect -
-
- All complaints against architects shall be investigated
and all enquiries relating to misconduct of architects shall
be held by a committee of the Council consisting of three
members, of whom one shall be elected by the Council from
among its members; one member from among the members nominated
under clause (b) and one member among referred to in clause
(d) of sub-section 3 of section 3.
- The Chairman of the Disciplinary Committee shall be
elected by the members of that Committee from among
themselves.2
- Each complaint shall be made to the Council in Form No.
XIV.
- Each complaint shall contain the following particulars,
namely:-
- the acts and omissions which, if approved, would render
the architect complained against guilty of any professional or
other misconduct;
- the oral or documentary evidence relied upon in support of
the allegations made in the complaint.
- The Secretary shall return the complaint which is not in the
proper form or which does not contain the aforesaid particulars
for representation after the compliance with such objection and
within such time as the Secretary may satisfy.
- Within sixty days ordinarily of the receipt of complaint,
the Secretary shall -
- if the complaint is against an individual architect, send
a copy thereof to such architect at his address as entered in
the Administrative Register;
- if the complaint is against a firm, send a copy of the
complaint to the firm concerned at the address of the head
office of the firm with a notice calling upon the firm to
disclose the name of the architect concerned and to send a
copy of the complaint to such architect.
- An architect against whom a complaint is made, may, within
fourteen days of the receipt of a copy of the complaint, under
sub-rule (5) or within such further time as the Secretary may
allot, forward to him a written statement in his defence
verified in the same manner as a pleading in Civil
Court.
- If on perusal of a complaint, and the written statement if
any, of the architect concerned and other relevant documents and
papers, the Council is of the opinion that there is a prima
facie case against such architect, the Council shall cause an
enquiry to be made in the matter by the Disciplinary Committee.
If the Council is of the opinion that there is no prima facie
case against such architect, the complaint shall be dismissed
and the complainant and the architect concerned shall be
informed accordingly. Provided that the Council may before
dismissing the complaint, call for any additional particulars or
documents connected with the case, either from the complainant
or from the respondent, or from both, if in its opinion it is
necessary to do so.
- Every notice issued by the Secretary or the Disciplinary
Committee under this rule shall be sent to the architect or the
firm concerned by registered post with acknowledgement due and
if the notice is returned with an endorsement indicating that
the addresses cannot be found at the address given, the
Secretary shall ask the complainant to supply to him the correct
address of the architect or firm concerned and send a fresh
notice to the architect or firm at the address so
supplied.
- Procedure in any inquiry before the Disciplinary Committee
-
- It shall be the duty of the Secretary to place before the
Disciplinary Committee all facts brought to his knowledge which
are relevant for the purpose of an inquiry by the Disciplinary
Committee.
- An architect against whom a complaint is made shall have a
right to defend himself before the Disciplinary Committee either
in person or through a legal practitioner or any other architect
of the Institute.
- Deleted.1
- Where during the progress of an inquiry the Disciplinary
Committee undergoes a change of personnel for any reason
whatsoever, the respondent shall have option to have his case
heard de novo and the enquiry conducted
accordingly.
- Report of the Disciplinary Committee -
- The Disciplinary Committee shall submit its report to the
Council.
- The Council shall consider the report of the Disciplinary
Committee and if in its opinion a further inquiry is necessary,
may cause such further inquiry to be made and a further report
to be submitted by the Disciplinary Committee as it may consider
necessary, and after considering such further report of the
Disciplinary Committee, the Council shall proceed
accordingly.
- Restoration of membership - The fee for restoration of
membership under section 32 shall be Rs. 1000*.
1. Amended by Notification GSR No. 1104 dated
26.9.1973.
*Amended by Notification GSR No. 14 dated 3.1.2002.
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