THE ARCHITECT'S ACT 1972 & ARBITRATION

THE ARCHITECT’S ACT 1972 & ARBITRATION SUBMITTED TO :

SUBMITTED BY :

AR. SOMA ANIL MISHRA

PIYUSH MAURYA

AR. RAHUL PATHAK

B.ARCH 3RD YEAR, 6TH SEM IATP BU, JHANSI 1

WHAT IS ARCHITECT’S ACT 1972 AN ACT TO PROVIDE FOR THE RESIGSTRATION OF ARCHITECTS AND FOR MATTERS CONNECTED THEREWITH. IT HAS COME INTO FORCE FROM 31ST MAY AND EXTENDS TO THE WHOLE INDIA. IT CONTAINS 4 CHAPTERS WITH 45 SECTIONS ALONG WITH ONE SCHEDULE.

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DUTIES OF ACT THE DUTIES AND RESPONSIBILITIES OF THIS ACT IS TO REGULATE THE ARCHITECTURE EDUCATION AND THE ARCHITECTURE PROFESSION IN OUR COUNTRY. THE MAJOR AREA’S OF ACTIVITIES OF THE COUNCIL INCLUTES THE RESISTRATION OF ARCHITECTS AND STANDARD OF EDUCATION AND PRACTICE ETC.

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CHAPTER NAMES CHAPTER 1

- PRELIMINARY

CHAPTER 2

- COUNCIL OF ARCHITECTURE

CHAPTER 3

- RESISTRATION OF ARCHITECTS

CHAPTER 4

- MISCELLANEOUS

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CHAPTER 1 (PRELIMINARY)

TERMS AND DEFINITIONS ARCHITECT – A PERSON WHOSE NAME IS FOR THE FIRST TIME BEING ENTERED IN THE REGISTER. COUNCIL

– COUNCIL OF ARCHITECTURE.

IIA

– INSTITUTES OF ARCHITECTS REGISTERED UNDER THE SOCIETIES REGISTRATION ACT 1860.

ACT

– MADE BY PARLIAMENT UNDER THE POWER GIVEN BY THE CONSTITUTION.

RULES

– MADE BY CENRAL GOVERNMENT MINISTRY UNDER THE POWER GIVEN BY THE ACT.

REGULATION – MADE BY THE COUNCIL , UNDER THE POWER GIVEN

BY THE ACT & RULES. 5

CHAPTER 2

(COUNCIL OF ARCHITECTURE)

CHAPTER 3

(RESISTRATION OF ARCHITECTS)

 8 CATEGORY MEMBERS

 REGISTRATION OF ARCHITECTS.

 THE PRESIDENT

 THE REMOVAL OF NAME.

 THE VICE PRESIDENT

CHAPTER 4

(MISCELLANEOUS)  ADDITIONAL POWER.

 FUNDS

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ARBITRATION  THE ARBITRATION IS A PROCESS IN WHICH A DISPUTE IS SUBMITTED BY TWO OR MORE PARTIES AND THE DECISION IS TAKEN BY THE THIRD PERSON FROM OUTSIDE TO RESOLVE THE DISPUTE. 

THUS, THE ARBITRATION AIMS AT THE ESTABLISHMENT OF A DOMESTIC TRIBUNAL BY THE PARTIES TO ADJUDICATE UPON THE DISPUTES AND DIFFERENCES AND THE ARBITRATION AND CONCILIATION ACT, 1996 HELPS THE PARTIES TO ENFORCE THAT DECISION BESIDES LAYING DOWN RULES, REGULATIONS AND PROCEDURES.

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ARBITRATION ARCHITECT

CLIENT

A

B ARBITRATOR

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QUALITY OF ARBITRATOR

SHALL GIVE HIS CONSENT TO ACT AS A ARBITRATOR

HE MUST BE DISINTERESTED AND IMPARTIAL

HIS DECISION IS BINDING BOTH PARTIES

NO CONNECTION WITH ANY PARTIES OR THERE EMPOYEES, SUPPLIERS ETC.

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MAIN ADVANTAGES OF SETTLING THE DISPUTES

BY ARBITRATION  PERSONS USUALLY EXPERTS IN THE FIELD ARE APPOINTED AND AS SUCH DECISIONS WILL BE FAIR AND REFINED . IN THE CASE OF A DISPUTE CONCERNING BUILDING CONSTRUCTION JOB, THE PERSON CHOSEN AS ARBITRATORS ARE USUALLY ARRCHITECTS OR ENGINEERS WHO POSSESS EXPERT KNOWLEDGE OF THE SUBJECT AND ARE FULLY QUALIFIED TO ACT AS ARBITRATORS.  SAVING IN COST  PRIVACY AS HEARING IS NOT PUBLIC.  THE ARBITRATOR CAN VIEW THE SUBJECT AT ANY CONVENIENT TIME.

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POWER AND DUTIES OF ARBITRAL TRIBUNAL  THE FOUNDATION OF THE ARBITRATION HAS BEEN BASED ON FAIRNESS AND IMPARTIALITY OF THE ARBITRAL TRIBUNAL.  IF THE APPOINTED ARBITRATOR IS LACKING IN SOME QUALIFICATION AS PER THE AGREEMENT , THE PARTIES MUST BE INFORMED ABOUT IT.  TO CONDUCT ARBITRATION PROCEEDINGS WITH EQUAL TREATMENT TO BOTH THE PARTICS, GVING FULL OPPORTUNITIES, SUFFICIENT ADVANCE NOTICE OF HEARINGS, ORDER ON OF DOCUMENT, GOODS OR OTHER PROPERTY AS ALSO NOT DISREGARDING THE 1NSPECTION PRINCIPLES OF NATURAL JUSTICE.  TO DECIDE ITS OWN JURISDICTION AND SEEK REPORTS OF EXPERTS ON ISSUES PERTAINING TO SPECIALIZED DISCIPLINE.  SEEK ASSISTANCE OF THE COURT IN TAKING EVIDENCE IF NECESSARY.  TO HEAR THE PARTIES PATIENTLY ON ALL ISSUES AT DISPUTE TILL TERMINATION WITHOUT EXCEEDING THE SCOPE OF AUTHORITY SET OUT.  NOT TO GIVE ANY DECISION ACCORDING TO WHAT THE TRIBUNAL THINKS JUST OR REASONABLE. IT HAS TO DECIDE ACCORDING TO LAW EXCEPT WHEN THE 11 PARTIES HAVE EXPRESSLY AUTHORIZED TO DO SO.

ARBITRATION AGREEMENT  IT MUST RELATE TO SOME DISPUTES OR DIFFERENCES BETWEEN THE PARTIES EITHER PRESENT OR FUTURE.  PARTIES MUST DESIRE TO SETTLE THE DISPUTES BY ARBITRATION.  PARTIES MUST AGREE TO ABIDE BY THE DECISION OF THE ARBITRAL TRIBUNAL.  IT CAN BE PART OF THE MAIN CONTRACT LIKE CL. 56 OF L.I.A. FORM OF CONTRACT OR N CAN BE IN THE FORM OF A SEPARATE AGREEMENT.

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BIBLIOGRAPHY www.coa.gov.in  ‘PROFESSIONAL PRACTICE’ BOOK WRITTEN BY ‘DR. ROSHAN H. NAMAVATI’.

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