CoA | Professional Misconduct

CoA | Professional Misconduct

Any matter regarding Professional Negligence and/or Deficient Service provided by the Architect, shall be referred to the Council of Architecture, to adjudicate whether the Architect is guilty of Professional Misconduct.

misWHAT DOES PROFESSIONAL NEGLIGENCE AND DEFICIENT SERVICE MEAN?

Negligence of an Architect means the failure to take reasonable degree of care while rendering services. An Architect is required to observe and uphold the Council’s Conditions of Engagement and Scale of Charges while rendering architectural services . The failure to provide any service that is necessary for the discharge of his duties and functions for the project for which he has been engaged, amounts to deficient service.

WHAT IS THE PROCEDURE FOR MAKING A COMPLAINT AGAINST AN ARCHITECT?

Complaint shall be made to the Council of Architecture in Complaint Form No. XIV. – Each complaint shall contain the acts and omissions which, if approved,  would render the Architect guilty of any professional or other misconduct; and the oral or documentary evidence in support of the allegations made in the complaint.

 Incomplete form will be returned – If the complaint does not contain the aforesaid particulars, the Secretary of the Council shall return the complaint to the Complainant.

Copy of complaint will be sent to the accused Architect – If the complaint is against an individual Architect, the Secretary shall send a copy to the Architect at his address as entered in the COA Register, within sixty days of the receipt of the complaint; If the complaint is against a firm, he shall 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 the concerned Architect.

Notice will be sent to the accused Architect – 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 acknowledgment due.

Architect should give a written statement in defence – An Architect against whom a complaint is made, may, within fourteen days of the receipt of a copy of the complaint, 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.

Complaint will be dismissed – If on perusal of the complaint and the written statement of the concerned Architect, and other relevant documents and papers, the Council is of the opinion that there is no prima facie case against the Architect, the complaint shall be dismissed and the complainant and the Architect shall be informed accordingly. However, before dismissing the complaint, the Council may 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.

Enquiry shall be made – If on perusal of the complaint, the Council is of the opinion that there is a prima facie case against the Architect, the Council shall cause an enquiry to be made in the matter by the Disciplinary Committee.

DISCIPLINARYWHO INVESTIGATES THE COMPLAINT MADE AGAINST AN ARCHITECT?

Disciplinary committee – All complaints against Architects shall be investigated by a Disciplinary Committee of the Council, consisting of three members. The Chairman of the Disciplinary Committee shall be elected by the members of that Committee from among themselves.

Any change in disciplinary committee –
If during the progress of an inquiry the Disciplinary Committee undergoes a change of personnel for any reason whatsoever, the respondent shall have an option to have his case heard de novo and the enquiry conducted accordingly.

Facts shall be placed before the disciplinary committee
– The Secretary of the Council shall place before the Disciplinary Committee all facts brought to his knowledge which are relevant for the purpose of an inquiry by the Disciplinary Committee.

Architect has the right to defend
– 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.

Disciplinary committee shall submit report
–  The Disciplinary Committee shall submit its report to the Council after studying all the aspects of the case.

Council will consider the report
– And if necessary, a further inquiry shall be made and a further report shall be submitted by the Disciplinary Committee, and after considering such report the Council shall proceed accordingly.
DISCIPLINE-ACTION


WHAT DISCIPLINARY ACTION, CIVIL OR CRIMINAL ACTION IS TAKEN AGAINST AN ARCHITECT FOUND GUILTY OF PROFESSIONAL MISCONDUCT?

If the Architect is found guilty of Professional Misconduct, he is liable for disciplinary action by the Council of Architecture under section 30 of the Architects Act,1972.
The disciplinary action taken by the Council of Architecture against the Architect who has been found guilty of Professional Misconduct, does not absolve him of his liabilities under the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973, if any.

This post was about the deficient/negligent service of an Architect which amounts to Professional Misconduct and the procedure for making a complaint against the Architect, to the Council of Architecture (COA). To know more about the Council of Architecture, go to:

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2 Responses to “CoA | Professional Misconduct”

  1. Roscoesmith says:

    Outstanding blog. Cannot wait to check out just what exactly you construct next!

  2. SA Sharma says:

    What procedure is undertaken to file a complaint against an architect for non payment to a freelance architect?
    Hi SA Sharma,
    Not sure. You could go this link on the CoA website.
    Admin

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