call to arms:Council of Architecture versus AICTE

Sir/Madan,

I am direected to state that the Council of Architecture had made the following reference to Advocate S. Ravindra Bhat, New Delhi, seeking his opinion:

Proprietary of local bodies (Development Authorities, Municipal Councils, Improve Trusts and Town Planning Authorities, etc.) in issuing licenses to Surveyors, Diploma Holders, Draughtsmen and Engineers to prepare, sign and submit building plans after coming into force of the Architects Act.
Properietary of the Bureau of Indian Standards, Department of Consumer Affairs, Ministry of Consumer Affairs, Govt. of India, in prescribing through National Building Code, competence of Engineers, Supervisors to prepare and sign and submit building plans after coming into force of the Architects Act, 19/2.
Is education a degerminative factor in bestowing the right to a person to practice a particualr profession {Article 19(1)(g) read with article 19(6) of the Constitution of India} If yes; in what way an Engineer or a Diploma Holder or a Surveyor or a Draftsman is qualified to practice the profession of an architect? Particularly, when the minimum standards of an architectural education, leading to recognised qualification which entitles a person to register with the Council of Architecture, is prescribed under the Architects Act, 1972, by regulations in 1983.
...
1. Does the Architects Act which confers the title architect on a person who has the requisite qualification as prescribed under the Architects Act and who is registered with the Council of Architecture, bestow on an Architect an exclusive right to practice profession of an architect.
2. Whether persons who do not posess qualifications and are not registered with the Council of architecture, be permitted to practice the profession of an architect even without using the title and style of architect
1. Can judicial persons, i.e., Public Limited Companies, Privated Ltd. Companies, Societies, practice the profession of an architect by engaging architects on their pay rolls or as a consultant/ associate and also introduce themselves as Architects.
2. Can Public Sector Undertakings (RITES, HUDCO, NBCC, IRCON, EdCIL, EIL, etc.) who employ architects, practice the profession of an architect or render architectural services to clients or introduce themselves as Architects.

I am further directed to forward herewith the opinion as received from Advocate S. Ravindra Bhat, for your kind persual with a request to offer your views so as to reach the Council latest by the 5th February, 2004.

Further, you may initiate action on the subject matter as may be necessary to uphold the objectives of the Architects Act.

Yours faithfully,

[signed]
K. Gopala Krishna Bhat
Administrative Officer