 |
|
[31st May, 1972]
An Act to
provide for the registration of architects and for matters connected
therewith. BE it enacted by Parliament in the Twenty-third
Year of the Republic of India as follows
:-
|
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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.
b.
c.
d.
e.
f.
g.
|
"architect" means a person whose name is
for the time being entered in the register;
"Council" means
the Council of Architecture constituted under Section
3;
"Indian Institute of Architects" means the Indian
Institute of Architects registered under the Societies Registration
Act, 1860;
"recognised qualification" means any qualification
in architecture for the time being included in the Schedule or
notified under section 15;
"register" means the register of
architects maintained under section 23;
"regulation" means a
regulation made under this Act by the Council;
"rule" means a
rule made under this Act by the Central Government.
|
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Chapter - II ( Council of
Architecture ) |
| 3. |
(1) |
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.
|
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(2) |
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.
|
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(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; |
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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; |
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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;
|
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e. |
one person nominated by the Central Government;
|
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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.
|
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Explanation.-- For the purposes of this
sub-section,-- |
| |
a. |
"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. |
| |
b. |
"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.
|
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(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.
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| 4. |
(1) |
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.
|
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(2) |
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: |
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a. |
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; |
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b. |
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.
|
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(3) |
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.
|
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(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.
|
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(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.
|
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(3) |
A member shall be deemed to have vacated his seat
-- |
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i. |
if he is absent without excuse, sufficient in the
opinion of the Council, from three consecutive ordinary meetings of
the Council; or |
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ii. |
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
|
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iii. |
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.
|
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(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.
|
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(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
|
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b. |
any defect in the election or nomination of a
person acting as a member thereof, or |
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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 --
|
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a. |
is an undischarged insolvent; or |
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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.
|
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(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.
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| 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.
|
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(2) |
The Executive Committee shall consist of the
President and the Vice-President of the Council who shall be members
ex-officio and five other members who shall be elected by the
Council from among its members.
|
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(3) |
The President and the Vice-President of the Council
shall be the Chairman and Vice-Chairman respectively of the
Executive Committee.
|
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(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.
|
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(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.
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| 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; |
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b. |
appoint such other officers and employees as the
Council deems necessary to enable it to carry out its functions
under this Act; |
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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.
|
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(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
person appointed by the Central government, who shall hold office
during the pleasure of the Central Government.
|
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(3) |
All the persons appointed under this section shall
be the employees of the Council.
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| 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.
|
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(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.
|
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(3) |
The Council shall keep proper accounts of the Fund
distinguishing capital from revenue.
|
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(4) |
The annual accounts of the Council shall be subject
to audit by an auditor to be appointed annually by the
Council.
|
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(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.
|
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(6) |
The Fund shall consist of --
|
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a. |
all moneys received from the Central Government by
way of grant, gift or deposit; |
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b. |
any sums received under this Act whether by way of
fee or otherwise. |
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(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.
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| 14. |
(1) |
The qualifications included in the schedule or
notified under section 15 shall be recognised qualifications for the
purposes of this Act.
|
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(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 against such
architectural qualification declaring that it shall be a recognised
qualification only when granted after a specified
date.
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.
|
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(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.
|
| 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.
|
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(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.
|
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(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 - |
| |
a. |
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 |
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b. |
that the staff, equipment, accommodation, training
and other facilities for staff and training provided in such college
or institution, |
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do not conform to the standards prescribed by
regulations, the Council shall make a representation to that effect
to the appropriate Government.
|
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(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.
|
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(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.
|
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(4) |
The Central Government -- |
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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 |
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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, |
| |
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.
|
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(5) |
For the purposes of this section, "appropriate
Government" means -- |
| |
a. |
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
|
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b. |
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. |
(1) |
The Council may by regulations prescribe standards
of professional conduct and etiquette and a code of ethics for
architects.
|
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(2) |
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.
|
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Chapter - III (
Registration of Architects ) |
| 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.
|
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(2) |
The Council shall upon its constitution assume the
duty of maintaining the register in accordance with the provisions
of this Act.
|
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(3) |
The register shall include the following
particulars, namely :- |
| |
a. |
the full name with date of birth, nationality and
residential address of the architect ; |
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b. |
his qualification for registration, and the date on
which he obtained that qualification and the authority which
conferred it ; |
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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.
|
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(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.
|
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(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.
|
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(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.
|
| |
(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
-- |
| |
a. |
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 |
| |
b. |
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 :
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.
|
| |
(3) |
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.
|
| |
(4) |
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 :
Provided that a name so removed may be restored to
the register on such conditions as may be prescribed by
rules.
|
| |
(3) |
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. |
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 is an undischarged insolvent; or |
| |
d. |
that he has been adjudged by a competent court to
be of unsound mind. |
| |
(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.
|
 |
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), --
|
| |
i. |
"landscape architect" means a person who deals with
the design of open spaces relating to plants, trees and landscape;
|
| |
ii. |
"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.
|
| 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; |
| |
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; |
| |
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
|
 |
Schedule |
1. |
Bachelor Degree of Architecture awarded
by Indian Universities established by an Act of the Central or State
Legislature.
|
| 2. |
National Diploma (Formally All India
Diploma) in Architecture awarded by the All India Council for
Technical Education.
|
| 3. |
Degree of Bachelor of Architecture (B.
Arch.) awarded by the Indian Institute of Technology, Kharagpur.
|
| 4. |
Five-Year full-time Diploma in Architecture
of the Sir J.J. School of Art, Bombay, awarded after
1941.
|
| 5. |
Diploma in Architecture awarded by the
State Board of Technical Education and Training of the Government of
Andhra Pradesh with effect from 1960 (for the students trained at
the Government College of Arts and Architecture,
Hyderabad).
|
| 6. |
Diploma in Architecture awarded by the
Government College of Arts and Architecture, Hyderabad till 1959,
subject to the condition that the candidates concerned have
subsequently passed a special final examination in Architecture held
by the State Board of Technical Education, Andhra Pradesh and
obtained a special certificate.
|
| 7. |
Diploma in Architecture awarded by the
University of Nagpur with effect from 1965 to the students trained
at the Government Polytechnic, Nagpur.
|
| 8. |
Government Diploma in Architecture awarded
by the Government of Maharashtra (or the former Government of
Bombay).
|
| 9. |
Diploma in Architecture of Kalabhavan
Technical Institute, Baroda.
|
| 10. |
Diploma in Architecture awarded by the
School of Architecture, Ahmedabad.
|
| 11. |
Membership of the Indian Institute of
Architects.
|
| 12. |
Diploma in Architecture awarded by the
University of Nagpur during the period 1962 to 1964.1
|
| 13. |
Bachelor Degree in Architecture awarded by
the School of Planning of Architecture, New Delhi (an Institution
deemed to be a University) with effect from 3-12-1979.2
|
| 14. |
Diploma in Architecture awarded by the
Centre for Environment Planning and Technology (CEPT), Ahmedabad,
with effect from 16-10-1980.3
|
| 15. |
Diploma in Architecture awarded by the
Institute of Environment Design to the students trained at the D.C.
Patel School of Architecture, Vallabh Vidya Nagar (Gujarat). 4,
5 & 7
|
| 16. |
Five-Year Diploma in Architecture awarded
by the Sushant School of Art and Architecture, Gurgaon (Haryana)
with effect from 1.6.1994 to the students trained at the Sushant
School of Art and Architecture, Gurgaon
(Haryana).6
|
| 17. |
Five-Year Diploma in Architecture awarded
by the TVB School of Habitat Studies, Sector-D, Vasant Kunj, New
Delhi with effect from 1.8.1995 to the students trained at the TVB
School of Habitat Studies, Sector-D, Vasant Kunj, New
Delhi.8
|
| 18 |
Bachelor Degree of Architecture awarded by
every Institution for higher education declared to be a university
under Section 3 of the University Grants Commission Act, 1956 (3 of
1956)11 |
|
|
|
9[Section-15
read with proviso to Sub-Section (2) of Section-14] : Foreign
Qualifications
AUSTRALIA
-
Degree of Bachelor of Architecture awarded by the
University of Adelaide.
-
Degree of Bachelor of Architecture awarded by the
University of Melbourne.
-
Degree of Bachelor of Architecture awarded by the
University of New South Wales, Kensington.
GERMANY
-
Diploma-Ingeniur awarded by the Technical
Universities in Federal Republic of Germany in Architecture.
SWITZERLAND
-
Doctorate of Technical Sciences in Architecture
awarded by Swiss Federal Institute of Technology, Zurich
(Recognised at par with Ph.D. degree of the Indian Universities).
U.K.
-
Degree of Architecture awarded by the Universities
of Cambridge, Durham, Edinburgh, Glassgow, Liverpool, London,
Manchester, Sheffield, Wales. The Diploma of the Architectural
Association, London.
-
Associateship Examination of the Royal Institute of
British Architects, London (A.R.I.B.A. Examination)/Corporate
Membership of the Royal Institute of British Architects, London).
UKRAINE
7(a) Diploma/Master of Science in Architecture awarded
by Odessa State Academy of Civil Engineering and Architecture,
Odessa, Ukraine.10
-
Notified in the Gazette of India Part II Section 3
sub-Section (i) with G.S.R. No. 780 dated 4-7-1973.
-
Notified in the Gazette of India Part II Section 3
sub-Section (i) with G.S.R. No. 790 dated 18-9-1982, Page No.
2216-17.
-
Notified in the Gazette of India Part II Section 3
sub-Section (i) with G.S.R. No. 866 dated 16-10-1982, Page No.
2423.
-
Notified in the Gazette of India vide Ministry's
16-12/87-T-12/TD-3 dated 29-11-1990.
-
Notified in the Gazette of India vide Ministry’s No.
F.16-12/87-T.3/T.D. III dated 7.10.1993.
-
Notified in the Gazette of India vide G.S.R. 482
dated 12-9-1994.
-
Notified in the Gazette of India vide G.R.R. No. 361
dated 29-7-1995.
-
Notified in the Gazette of India vide Ministry's
F.No. 26-1/95-T-S-III dated 25-1-1996.
-
Notified in the Extra Ordinary Gazette of India Part
II Section 3 sub-Section (1) dated 27-2-1973.
-
Notified, vide GSR No.318 dated 01-06-2001, in the
Gazette of India Part II-Section 3 - sub-Section (i) on
16-06-2001.
-
Notified, vide GSR No.108 (E) dated 25-02-2005, in
the Extraordinary Gazette of India Part II-Section 3-Sub-section
(i) on 28-05-2005
8. (a) Bachelors Degree in Architecture awarded by the
American Universities/Institutions, the curricula of which
are accredited to the National Architectural Acerediting Board
(USA)
-
University of Arizona, Tucson, Arizona.
-
Arizona State University, Tempe, Arizona.
-
University of Arkansas, Fayetteville,
Arkansas-72701.
-
Auburn University, Auburn, Alabama.
-
California Polytechnic State University, San Luis,
Obsro California.
-
Carnegie-Mellon University, Pittsburgh,
Pennsylvania-15213.
-
Case Western Reserve University, University Circle,
Cleveland, Ohio.
-
The Catholoic University of America, Washington,
D.C.
-
University of Cincinnati, Cincinnati, Ohio-45221.
-
City College, The City University of New York, New
York, N.Y.
-
Clemson University, Clemson, South Carolina-29631.
-
University of Colorado, Boulder, Colorado.
-
Columbia University, Momingside Heights, New York,
N.Y. 10027.
-
The Cooper Union for the Advancement of Science and
Art, Cooper Square, New York, N.Y.
-
Cornell University, Ithaca, New York.
-
Detroit Institute of Technology, Detroit, Michigan.
-
University of Florida, Gainesville, Florida-32601.
-
Georgia Institute of Technology, Atlanta,
Georgia-30332.
-
Harvard University, Cambridge, Massachusetts-02138.
-
University of Houston, Texas.
-
Howard University, Washington, D.C. 20001.
-
Illinois Institute of Technology, Chicago, Chicogo
Illinois-60616.
-
The University of Chicago, Chicago Illinios.
-
The University of Illinios, Urbana, Illinios-60801.
-
Iowa State University of Science and Technology,
Ames, Iowa 50010.
-
Kansas State University of Agriculture and Applied
Science, Manhattan, Kansas-66502.
-
University of Kansas, Lawrence, Kansas-66044.
-
Kent State University, Kent, Ohio.
-
University of Kentucky, Lexington, Kentucky-40506.
-
Louisiana State University and A.M.College, Baton
Rouge, Lousiana.
-
Massachusetts Institute of Technology, Cambridge,
Massachusetts-02139.
-
Miami University, Oxford, Ohio-45056.
-
The University of Michigan, Ann Arbor,
Michigan-48104.
-
University of Minnesota, Minneapolis, Minnesota.
-
Montana State University, Bozeman, Montana.
-
University of Nebraska, Lincolon, Nebraska.
-
North Carolina State University at Raleigh, Raleigh,
North Carolina.
-
University of Notre Dame, Notre Dame, Indiana.
-
Ohio State University, Columbus, Ohio-43200.
-
Oklahoma State University, Stillwater, Oklahoma.
-
University of Oklahoma, Norman, Oklahoma.
-
University of Oregon, Eugene and Portland,
Oregon-97403.
-
The Pennsylvania State University, University Park,
Pennsylvania-16802.
-
Pratt Institute, Brooklyn, New York-11205.
-
Reneseelayer Polytechnic Institute, Troy, New York.
-
Rhode Island School of Design, Providence, Rhode
Island.
-
Rice University, Houston, Texas-770001.
-
University of Southern California, Los Angeles,
California.
-
Syracuse University, Syracuse, New York-13210.
-
The Texas A & M University, College Station,
Texas.
-
Texas Tech. University, Lubbock, Texas.
-
Stephen F. Austin State University, Nagogdoches,
Texas.
-
Tulane University of Louisiana, New Orleans,
Louisiana.
-
University of Utah, Salt Lake City, Utah.
-
University of Virgina, Charlottesville, Virginia.
-
Virginia Polytechnic Institute and State University,
Blacksburg, Virginia.
-
Yale University, New Haven, Connecticut.
-
Ball State University, Muncie, Indiana.
-
Hampton Institute, Hampton, Virginia.
-
University of Hawaii, Honolulu, Hawaii-96822.
-
University of Idaho, Moscow, Idaho.
-
North Dakota State University, Fargo, North Dakota.
-
University of Southwestern Louisiana, Lafayette,
Louisiana.
-
University of Tennessee System, Knoxville,
Tennessee-37916.
-
Tuskegee Institute, Alabama.
-
Washington State University, Pullman, Washington.
-
Boston Architectural Centre, Boston, Massachessets.
8.(b) Graduate (Master's and Doctor's) Degree in
Architecture awarded by Accredited American
Universities/Institutions.
-
University of California, Berkeley Campus,
California.
-
The Catholic University of America, Washington D.C.
-
City College, The City University of New York, New
York, N.Y.
-
Clemson University, Clemson, South Carolina.
-
Cornell University, Ithaca, New York.
-
University of Florida, Gainesville, Florida.
-
Harvard University, Cambridge, Massachusetts.
-
Howard University, Washington D.C.
-
University of lllinois, Urbana, IIIinois.
-
Iowa State University of Science and Technology,
Ames, lowa
-
Kansas State University of Agriculture and Applied
Sciences, Manhattan, Kansas.
-
University of Kansas, Lawrence, Kansas.
-
Kent State University, Kent, Ohio.
-
Massachusetts Institute of Technology, Cambridge,
Massachusetts.
-
The University of Michigan, Ann Arbor, Michigan.
-
University of Minnesota, Minneapolis, Minnesota.
-
University of Nebraska, Lincolon, Nebraska.
-
The University of New Mexico, Albuquerque, New
Mexico.
-
Oklahoma State University, Stillwater, Oklahoma.
-
University of Oklahoma, Norman, Oklahoma.
-
University of Oregon, Eugene and Portland, Oregon.
-
University of Pennsylvania, Philadelphia,
Pennsylvania.
-
Pratt Institute, Brooklyn New York.
-
Princeton University, Princeton, New Jersey-08540.
-
Renseelaer Polytechnic Institute, Troy, N.Y.
-
Rice University, Houston, Texas.
-
University of Southern California, Los Angeles,
California.
-
Syracuse University, Syracuse, New York.
-
The Texas A & M University, College Station,
Texas.
-
University of Utah, Slat Lake City, Utah.
-
Virginia Polytechnic Institute and State University,
Blacksburg, Virginia.
-
Washington University, Saint Louis, Missouri-63130.
-
The University of Washington, Seattle, Washington.
-
Yale University, New Haven, Connecticut.
-
University of Hawaii, Honolulu, Hawaii.
-
University of Idaho, Moscow, Idaho.
-
Certificate of Fellowship awarded by the Frank Lloyd
Wright Foundation, USA.
U.S.S.R
9(a). Diploma/Master of Science in
Architecture awarded by Tajik Technical University, Dushanbe, an
accredited University in Tajikistan,
U.S.S.R.1
YUGOSLAVIA
-
Doctorate Degree in Architecture awarded by the
Zagreb University, Yugoslavia.
UZBEKISTAN
-
Diploma / Master of Science in Architecture awarded
by Tashkent Institute of Architecture & Civil Engineering,
Uzbekistan.2
|
|  |