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SESSION-03

THE ARCHITECT AND HIS WORK


ARCHITECTS ACT 1972
COUNCIL OF ARCHITECTURE - FUNCTIONS, POWERS,
REGULATIONS
INDIAN INSTITUTE OF ARCHITECTS - ROLE AND FUNCTION AS
PROFESSIONAL BODY

BY
CHRISTOPHER ABHILASH
BUILDING BYELAWS, CODE OF CONDUCT& PROFESSIONAL PRACTICE, SEM-VI
KMEA-COA- JANUARY 28TH ,2016

THE ARCHITECT
3

HISTORIC BACKGROUND

THE ARCHITECT THROUGHOUT THE AGES


The Medieval Master Builder

The 17th Century- The dilettante as


architect

HISTORIC BACKGROUND

THE ARCHITECT THROUGHOUT THE


AGES
The 18th Century- The Professional Man.

No
longer
has
a
personal
relationship with the craftsman.
Everything now centered around
one man.
Became accepted as a gentleman
with
training
in
antiquarian
precedents.
Tendency more to interest himself in
aspects of his art that could be
discussed with other gentlemen
Abolition of the title master mason
(1782) & the formation
of
Architects club(1791) .
Made him unfit to adjust himself to
changes that were happening all
around him

HISTORIC BACKGROUND

THE ARCHITECT THROUGHOUT THE


AGES
The industrial revolution and its effects

Many new needs arose around him.


Many new techniques resulting from the
introduction of new materials.
The experience and training of architects
did not help them to design new building
typologies and thus exploiting all the
opportunities presented to him.
It was the engineer who saw the vision of
what the new technologies could achieve
and what changes they could bring.
Professional architects were called in if
the promoter of a building wanted to
make a style statement or a show.
The architects lack of interest , the
industrys philistinism and its exploitation
of cheap labour resulted in poor living
conditions.

HISTORIC BACKGROUND

THE ARCHITECT THROUGHOUT THE


AGES
The 19th century- The socially responsible
professional

Discarded the imitation of historic styles


following the modernist movement.
It had become clear that many of the
deficiencies that met the eye at every
turn in the industrial world- the spread
of cities, poor housing standards,
unhealthy working conditions and
destruction of the countryside could
only be remedied by architects.
Approach
towards
architecture
underwent a paradigm shift in two key
places: The Professional Institutes and
Architectural
Education
Schools.eg.
RIBA(1866).
Both have been based ever since on the
need for architecture to accept its social
responsibilities.

HISTORIC BACKGROUND

THE ARCHITECT THROUGHOUT THE


AGES
The 20th century- The collaborator with a
protected title.

The complexity of modern life has placed


new emphasis on his role as a planner of
buildings.
The visible form and therefore the
aesthetic quality of a building emerge as
part of the process of solving practical
problems.
He is a collaborator and controls a large
number of consultants.
His job today is to understand what is
needed and work out how best it can be
provided, but at the same time to keep an
eye on what the ultimate outcome of his
and his collaborators efforts will be like as
a contribution to the environment.
Protection of the title of the architect
( Architects Registration Act 1931 and
Architects Registration Council )

THE ARCHITECTS ACT, 1972WHAT IS IT?

The Architects Act, 1972


The main purpose of the architects act, 1972 as given in the preamble is to
provide
for the registration of architects and for matters connected therewith. It has
already
come into force and extends to the whole India. It contains 45 sections along
with
one schedule.
The act can briefly be studied under the following heads:
I.Use of title Architect
II.Council of Architecture
III.Qualification for Registration

THE ARCHITECTS ACT, 1972


I - USE OF TITLE ARCHITECT

Use of title Architect

A person is prohibited from using the title and the style of Architect
unless he is a person registered in the Register of Architects ( ref. The
Architects Act, 1972, Chapter - IV ( Miscellaneous ) section 37).
This prohibition does not affect the use of designation as Landscape
Architect or Naval Architect". Contravention will lead to fine on first
conviction and on subsequent conviction with imprisonment or fine or both
( ref. The Architects Act, 1972, Chapter - IV ( Miscellaneous ) section
37).

THE ARCHITECTS ACT, 1972


II - THE COUNCIL OF ARCHITECTURE (COA) -

The Council of Architecture has been constituted by the government of India


under the provisions of The Architects Act, 1972, enacted by the parliament of
India, which came into force on 1st September, 1972.
The Act provides for :
registration of Architects
standards of education
recognized qualifications
standards of practice
to be complied with by the practicing architects.

THE COUNCIL OF ARCHITECTURE (COA)


RULES AND REGULATIONS(OVERVIEW)
The Council of Architecture is charged with the responsibility
to regulate the education and practice of profession throughout India
besides maintaining the register of architects.
For this purpose,
The Government Of India has framed Rules ( ref. COUNCIL OF
ARCHITECTURE RULES 1973 Chapters I(Preliminary),IV(Election of
President & VP of the Council),V(Election of members of the
Executive committee), VI & VII(Complaints & enquiries related to
professional misconduct of an architect) ) and
Council of Architecture has framed Regulations ( ref. COUNCIL OF
ARCHITECTURE REGULATIONS, 1982* PART 1 (Preliminary and
Definitions), PART 2 (C.O.A. Meetings), PART 3 (Powers & Duties
of President & vice president), PART 4 (Executive Committee),
PART 5 (Committees of Council), PART 6 (Registrar and
Employees of the Council), PART 7 (Finances, Accounts and
Audit), PART 8 (Inspection of Educational Institutions of
Architecture) ) as provided for in the Architects Act, with the approval of
Government of India.

THE COUNCIL OF ARCHITECTURE (COA)


REGISTRATION OF ARCHITECTS

Any person desirous of carrying on the profession of 'Architect' must have


registered himself with Council of Architecture.

For the purpose of registration, one must possess the requisite


qualification as appended to the Architects Act, after having undergone the
education in accordance with the Council of Architecture ( ref. Act, Rules
&
Regulations-Minimum
Standards
of
Architectural
Education
Regulations, 1983.)
The registration with Council of Architecture entitles a person to practice the
profession of architecture, provided he holds a Certificate of Registration with
up-to-date renewals.
The registration also entitles a person to use the title and style of Architect.
The title and style of architect can also be used by a firm of architects, of
which all partners are registered with COA.
Limited Companies, Private/Public Companies, societies and other juridical
persons are not entitled to use the title and style of architect nor are they
entitled to practice the profession of architecture.
If any person falsely claims to be registered or misuses title and style of
architect, such acts tantamount to committing of a criminal offence, which is
punishable under section 36 or 37 (2) of the Architects Act, 1972( ref. Chapter
- IV ( Miscellaneous )) .

THE COUNCIL OF ARCHITECTURE


(COA) STANDARDS OF PRACTICE

The practice of profession of an architect is governed by the Architects


Professional Conduct Regulations, 1989 (as amended in 2003) ( ref. Act,
Rules & Regulations-Architects (Professional Conduct) Regulations 1989).
Deals with professional ethics and etiquette, conditions of engagement and
scale of charges, architectural competition guidelines etc.
Pursuant to these Regulations, the Council of Architecture has framed
guidelines governing the various aspects of practice.( ref. Professional
Practice, Architectural Design Competition Guidelines and Architects
Professional Guidelines.)
An architect is required to observe professional conduct as stipulated in the
Regulations of 1989 and any violation thereof shall constitute a
professional misconduct, which will attract disciplinary action as stipulated
under section 30 of the Architects Act, 1972( ref. The Architects Act, 1972,
Chapter III).

THE COUNCIL OF ARCHITECTURE


(COA) STANDARDS OF EDUCATION

The standards of education being imparted in the institutions (constituent


colleges/departments of universities, deemed universities, affiliated
colleges/schools, IITs, NITs and autonomous institutions) is governed by
Council of Architecture (ref. Minimum Standards of Architectural Education)
Regulations, 1983), which set forth the requirement of eligibility for
admission, course duration, standards of staff & accommodation, course
content, examination etc.
These standards as provided in the said Regulations are required to be
maintained by the institutions.
The COA oversees the maintenance of the standards periodically by way of
conducting inspections through Committees of Experts.
The COA is required to keep the Central Government informed of the
standards being maintained by the institutions and is empowered to make
recommendations to the Government of India with regard to recognition
and de-recognition of a qualification.

THE ARCHITECTS ACT, 1972


III - QUALIFICATIONS FOR REGISTRATION

Section 14 ( ref. The Architects Act, 1972, Chapter II ) read with Schedule
( ref. The Architects Act, 1972, Schedule) prescribes the following
qualifications for the purpose of registration:

1.Bachelor of architects:
Degree awarded by Indian Universities established by an Act of Central or
State Legislature; by Indian Institute of Technology, Kharagpur.
2.Diplomas in Architecture:
a) National Diploma by All Indian Council for Technical Education
b) Five year full time diploma of Sir J.J School of Art, Bombay, after 1941.
c) i) of State Board of Technical Education and Training of Andhra Pradesh with
effect from 1960;
ii) Diploma of Government College of Arts and Architecture, Hyderabad,
till 1959 subject to condition that candidates concerned have passed special
final examination held by State Board of Andhra Pradesh as given above.

THE ARCHITECTS ACT, 1972


III - QUALIFICATIONS FOR REGISTRATION

d) University of Nagpur with effect from 1965.


e) Government of Maharashtra.
f) Kalabhavan Technical Institute, Baroda.
g) School of Architecture, Ahmadabad.

THE INDIAN INSTITUTE OF ARCHITECTS


AN INTRODUCTION

The Indian Institute of Architects, an association made of the past students of


Architecture of Sir J.J. School of Art, then known as "The Architectural Students
Association".
On 3 August 1922, it was rechristened 'Bombay Architectural Association.
Got associated with the Royal Institute of British Architects in 1925.
In 1926 became a National body under a new name, 'Indian Institute of
Architects' on 2 September 1929, registered under the Societies Registration
Act XXI of 1860 as a voluntary organisation of Architects.
The institute has a major role in promoting the profession of architects by
uniting and organizing in fellowship of 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
International union of architects(UIA)
Commonwealth association of architects(CAA)
South Asian association for regional co-operation of architects.

THE INDIAN INSTITUTE OF ARCHITECTS


LEGAL STATUS OF THE INSTITUTE

The Indian Institute of Architects is registered under the Societies Registration


Act XXI of 1860 as a voluntary organization of Architects.
The only other organization at the national level is the Council of Architecture
established under the Architects Act 1972 with the statutory duty of
Registration.

THE INDIAN INSTITUTE OF ARCHITECTS


MEMBERSHIPS

HONORARY FELLOWS - any individual who is not necessarily a qualified


architect but has contributed to the growth of architectural profession
ASSOCIATES - any person who has attained the age of 21 and graduated
from one of the institutions registered with council of architecture
LICENTIATES - any person who is registered with coa is elegible to apply for
licentiate member.
STUDENTS - a student enrolled in any one of the architectural institutions
can on application, become a student member.
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.
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.

THE INDIAN INSTITUTE OF ARCHITECTS


THE COUNCIL

All affairs of the institute are 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 :
President
2 Vice Presidents
Hon. treasurer
2 or more Joint Secretaries
The immediate past President
Chairman of 5 regional committees
Chairman of all chapters
The Hon. Editor of the Journal.

THE INDIAN INSTITUTE OF ARCHITECTS


THE ROLE OF IIA

1. 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.
2. 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.
3. 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.
4. It co-ordinates the activities of the building industry and of the Profession
of Architecture - and it amalgamates or combine or act temporarily or
otherwise, in conjunction with any other body or bodies, Institution or
Institutions, having like or similar objects.

THE INDIAN INSTITUTE OF ARCHITECTS


THE ROLE OF IIA
5. 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 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.
6. It acquires by purchasing , donation, request or otherwise a library and
collection of models, drawings, designs - or other materials, and to
maintain, extend and improve the same.
7. It formulates and notifies the law and practice relating to Architecture to
members and the public - to compile, collect, collate, revise, print and
publish statistics, professional records or periodicals relating to any of the
objects of the Institute.
8. 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

THE INDIAN INSTITUTE OF ARCHITECTS


THE ROLE OF IIA
9. 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.
10.It constitutes various classes of members including Honorary Fellows who
are influential and experienced people directly or indirectly from the field.

THE INDIAN INSTITUTE OF ARCHITECTS


THE CONSTITUTIONAL BYE-LAWS
A member or student of IIA is governed by the constitutional bye-laws of the
Indian institute of architects.
1. A member or student must not hold a position in which his interest is in
conflict with his professional duties.
2. A member or student is remunerated solely by his professional fees
payable by his client or by a salary payable by his employer. It is the duty of a
member or student to uphold and apply the scale of professional fees and
charges adopted by the IIA.
A member or student must not accept any work which involves discounts or
commission.
4(a). A member or student may be architectural consultant , advisor or
assistant of building contractors, decorators, manufactures, house and estate
agents, provided that he is paid by fee or salary and not by commission and
that he does not solicit orders for the company.

THE INDIAN INSTITUTE OF ARCHITECTS


THE CONSTITUTIONAL BYE-LAWS
4(b). As described in clause 4(a), his name and affix may appear only on the
note paper of the firm or company used in connection with his professional
services.
4(c). As described in clause 4(a), he shall not act in a professional capacity for
a third party but if mutually agreed between all the parties he may act as an
independent architect.
5(a). A member or student may be a partner, director or member of any
company registered under any act of the Indian legislature; but his
professional affix may not appear on the note paper of the company.
5(b). A member or student must not be a partner, director or member of a
company connected with the building industry or trading in land or building for
profit.
Member or student must not advertise or offer his services by means of
circulars or otherwise, nor may he make paid announcements in the press,
except :

THE INDIAN INSTITUTE OF ARCHITECTS


THE CONSTITUTIONAL BYE-LAWS
6(a). Advertisements, professional appointments open or wanted may be
inserted in the press.
6(b). One notice of change of address may also be inserted.
6(c). A member or student may notify his correspondence by the post only
once.
A member or a student may allow signed illustration and descriptions of his
work to be published in the press, but he shall not:
7(a). give monitory considerations for such insertions.
7(b). allow such insertions to be used by the publishers for extorting
advertisements for contributors.
A member or student may sign his buildings and may exhibit his name
outside his office and on buildings in the course of construction; the lettering
does not exceeding 5 cm in height.

THE INDIAN INSTITUTE OF ARCHITECTS


THE CONSTITUTIONAL BYE-LAWS
A member or student must not compete with another architect by means of
reduction of fees or by other inducements
A member or student on being approached or instructed to proceed with
professional work upon which another architect was previously employed shall
notify the fact to such architect before finally accepting the appointment.
In all cases of dispute between building owner and contractors a member or
student must act in an impartial manner.

THE INDIAN INSTITUTE OF ARCHITECTS & THE


COUNCIL OF ARCHITECTURE- DIFFERENCES
1. In India, we have the regulatory COA and the more club-like IIA with
programs, fellowship cocktail dinners and workshop-conventions.
2. The Architects Act was passed in 1972, it paved way for a proper way of
educating and registering Architects competent to handle the design and
building of a truly developing nation , this is governed by the COA .
3. Ever since COA has remained a body which primarily maintains a registry
of Architects and monitors the minimum standards of architectural
education in India.
4. The COA, by virtue of the limitations of the Act and its purpose, has not
endeared itself to its Registrants. Registered architects are not members
of the Council of Architecture, it only registers and looks over the control of
education in countless schools of Architecture. In this way COA is different
from the IIA.
5. Yet the actual truth is that the Act and the COA are the only legitimate
things that architects have; the only instrument of power and recognition
that can actually protect and improve the lot of the fraternity.

Fin.
Chris16

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