CoA | REMOVAL AND RESTORATION OF ARCHITECT’S NAME

In India, every registered Architect’s name and registration Number is entered in the Council of Architecture Register. However, in certain circumstances the Architect’s name will be removed from the Register by the Council of Architecture. If this happens he will not have the right to practise Architecture anymore and will have to surrender his Certificate of Registration. In most cases though, the Architect can get his name restored back to the Register.

In this post, I have discussed the circumstances in which an Architect’s name is removed from the Register and also the procedure to get the Architect’s name restored back in the Register:

In what circumstances does the Council by order remove an Architect’s name from the Register?
In what circumstances does the Council order that an Architect’s name be removed from the Register?
What is the procedure for removing his/her own name from the Register, by an Architect?
What is the procedure for requesting the removal of an Architect’s name from the Register for professional misconduct?
What is the procedure for complaint against unregistered persons/quacks?
Will the Architect’s name be removed from the Register for non-payment of renewal fees?
Can the affected Architect get his name restored in the above circumstances?
What is the procedure for restoring an Architect’s name to the Register?
Is it possible to get a copy of the Register?

 

IN WHAT CIRCUMSTANCES DOES THE COUNCIL, BY ORDER REMOVE AN ARCHITECT’S NAME FROM THE REGISTER ?

The Council may, by order, remove from the register the name of any architect –

• From whom a request has been received to that effect, or
• Who has died since the last publication of the register.

A person whose name has been removed from the Register or where such person is dead, his legal representative should surrender his Certificate of Registration to the Registrar, and the name so removed will be published in the Official Gazette.

IN WHAT CIRCUMSTANCES DOES THE COUNCIL ORDER THAT AN ARCHITECT’S NAME BE REMOVED FROM THE REGISTER?

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 making further inquiry as it may think fit, in these circumstances:

• If his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact; or
• If he has been convicted of any offence which, in the opinion of the Council, involves moral turpitude; or
• If he has been adjudged by a competent court to be of unsound mind.

A person whose name has been removed from the Register should surrender his Certificate of Registration to the Registrar. If any person whose name has been removed from the Register fails to surrender his Certificate of Registration, he shall be punishable with a fine of one hundred rupees, and, in case of continued failure, with an additional fine of ten rupees for each day thereafter.

WHAT IS THE PROCEDURE FOR REQUESTING THE REMOVAL OF HIS/HER OWN NAME BY AN ARCHITECT, FROM THE REGISTER?

In some circumstances, an Architect may wish to surrender his/her Certificate of registration due to different reasons such as:

• He/she wishes to carry on any other business/ vocation.
• He/she is not able to get sufficient work/ clients.
• He/she is settling abroad.

The Architect who wants his name to be removed from the register must send an  application form for removal  for the same along with the Original Certificate of Registration.

 

WHAT IS THE PROCEDURE FOR REQUESTING THE REMOVAL OF AN ARCHITECT’S NAME FROM THE REGISTER FOR PROFESSIONAL MISCONDUCT?

If a person has a complaint against an Architect for professional misconduct, he can either file the complaint Online or Offline.

• The Complainant should specify as to the violation of which clause of Architects (Professional Conduct) Regulations, 1989, as amended in 2003, he/ she is filing his/ her complaint against the Respondent Architect.
• After filling an online Complaint he should take a print out of the complaint and sign and verify the same at appropriate places given in the Complaint form and get it notarized from Notary Public. 
• For offline complaint he should fill the complaint form and sign and get it notarized from the Notary Public.
•  The complaint should be indexed, paginated and notarized from a notary public, along with particulars of evidence, oral  and documentary, if any, to substantiate the complaint. Submit 5 compete sets – 1 original signed + 4 photocopies. The softcopy of the complaint must also be sent in 5 CDs/DVDs/ Pen drives.
• Also a copy of the complaint must be sent to the Respondent Architect(s). 
• The enclosures should be in English or should be submitted along with their authentic English translated version in case the same are in any other language.
• The complaint should not be more than 80 pages in all.

When on receipt of a complaint made to it, the Council is of the opinion that any architect has been guilty of professional misconduct which thereby renders him unfit to practise as an architect, the Council may hold an inquiry in such manner as may be prescribed by rules. After holding the inquiry 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.

WHAT IS THE PROCEDURE FOR COMPLAINT AGAINST UNREGISTERED PERSONS/QUACKS?

If any person whose name is not 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.

If a person has a complaint against an unregistered person/quack who is falsely posing/ representing himself/ herself as an Architect and practising as an architect for making unlawful gains, he can either file the complaint Online or Offline.

• He should fill the  complaint Form for misrepresentation and misuse of title and style of Architect in violation of Sections 36 and 37 of the Architects Act, 1972. s.
• Since this Google Form uses file upload, the complainants are requested to fill up form through their Google accounts (using gmail.com). The form may be used multiple times by a complainant to file complaints.

There are more than 70 offline complaints received against unregistered persons/quacks in recent years. You can check here to see if there is a complaint against a particular person: Status of offline complaints against unregistered persons/quacks

There are more than 150 online complaints received against unregistered persons/quacks in recent years. You can check here to see if there is a complaint against a particular person: Status of online complaints against unregistered persons/quacks

WILL THE ARCHITECT’S NAME BE REMOVED FROM THE REGISTER IF THE RENEWAL FEES ARE NOT PAID ON TIME?

Yes. The Central Government by notification in the Official Gazette, directs 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 has been first entered in the register, a renewal fee must be paid to the Council as prescribed by the rules before the first day of April of the year to which it relates. If the renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register.

However, on payment of the renewal fee and restoration fee (Restoration Fee of Rs.1000/-), the Registrar shall, in such manner as may be prescribed by rules, endorse the certificate of registration  and restore the name so removed, to the register on such conditions as prescribed by the rules. Upon entry in the register, the Registrar shall issue a certificate of registration in such form as may be prescribed by the rules.

If you opt for yearly renewal, you must make a payment of Rs.600/- towards renewal fee for the current year to which it relates, at the latest by 31st March of the year OR  the last working day in the month of March, whichever is earlier.  If you opt for One Time Payment (which means you do not have to pay again for renewal in the future), you will have to make a one-time payment of Rs 6000/-. 

CAN THE AFFECTED ARCHITECT APPLY FOR RESTORATION OF HIS NAME IN THE ABOVE CIRCUMSTANCES?

Any architect whose name is ordered to be removed from a register in the above circumstances, shall be ineligible for registration under this Act for such period as may be specified. Also an order shall not take effect until the expiry of three months from the date thereof.

However, the Council at any time for reasons appearing to be sufficient and subject to the approval of the Central Government, may order that the name of the person removed from the register shall be restored thereto, upon payment of such fee as prescribed by the rules. 

WHAT IS THE PROCEDURE FOR RESTORING AN ARCHITECT’S NAME TO THE REGISTER OF THE COUNCIL OF ARCHITECTURE?

• The affected Architect can submit an application for restoration of his name to “The Registrar, Council of Architecture, India Habitat Centre, Core 6-A, First floor, Lodhi Road, New Delhi – 110 003”. 
• Each application should be accompanied by documents explaining why he should be allowed to practise as an Architect and have his name restored back in the Register.
• In addition he has to pay  a restoration Fee of Rs 1000/- by way of cash at the counter or by demand draft drawn in favor of “Council of Architecture”, payable at New Delhi. 
• In case his name has been removed for non-renewal, he must make an additional payment of Rs.600/- towards renewal fee for the current year to which it relates, at the latest by 31st March of the year OR the last working day in the month of March, whichever is earlier.  If he opts for One Time Payment (which means he does not have to pay again for renewal in the future), he will have to make a one-time payment of Rs 6000/-. 

However, no person whose name, under the provisions of this Act has been removed from the register, shall be entitled to have his name re-entered in the register except, with the approval of the Council. Also 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.

The Council at any time for reasons appearing to be sufficient and subject to the approval of the Central Government, may order that the name of the person removed from the register shall be restored thereto upon payment of such fee as prescribed by the rules.

IS IT POSSIBLE FOR AN ARCHITECT TO GET A COPY OF THE REGISTER?

Soon after the 1st day of April in each year, the Registrar shall cause to print copies of the register as it stood on the said date. These copies shall be made available to persons applying, on payment of a fee as prescribed by rules and shall be evidence that on the said date, the persons whose names are entered therein were architects.

To check whether you are a defaulter go to:

Council of Architecture | Defaulter Architects

The Council Of Architecture (CoA) in India has stipulated guidelines and regulations regarding an Architect’s profession and education. To know more, go to:

• An Architect’s Educational Qualifications
• An Architect’s Services and Responsibilities
• An Architect’s Charges
• An Architect’s Conduct
• Registration of an Architect with the CoA
• Architectural Competitions

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Related Posts: 

•  Council Of Architecture (CoA)