Council of Architecture Amendment Rules 2023

In an effort to streamline and bolster the framework for architects in India, the Ministry of Education, specifically the Department of Higher Education, announced pivotal modifications to the Council of Architecture Rules in August 2023. These alterations have significant implications for the field and its stakeholders.

Genesis of the Amendment: Originating from the Architects Act of 1972, the Central Government has, once more, leveraged its authority to implement changes to the Council of Architecture Rules, which were initially set down in 1973.

Title and Commencement: Titled as the “Council of Architecture (Amendment) Rules, 2023”, this new amendment will officially be active from its date of publication in the Official Gazette.

Enhanced Eligibility Criteria for Nomination

Under the new “Chapter-IIIA”, the amendment provides clearer and more inclusive guidelines for those wishing to be nominated as members of the Council:

1. Who is Eligible?
   • Architects employed with the State Government or Union territory administration.
   • Personnel within any Architectural Institution.
   • Private practicing architects with a valid Council registration.
2. Domicile & Experience Requirement:
   • Nominees must reside in the State or Union territory they represent.
   • A minimum of ten years of professional experience is mandatory.

The Nomination Process: An Overview

The amendment outlines a comprehensive approach to nominations:

1. Inviting Nominations: The onus of inviting nominations rests with the department overseeing Technical or Higher Education within the respective State or Union territory.
2. Selection: State or Union territory governments will evaluate every application on its merit. The final decision, once made, will be communicated to the Registrar, Council of Architecture.
3. Timeline: To ensure a seamless transition between representatives, the nomination process should conclude at least a month before the current nominee’s term ends.

Historical Perspective: It’s important to note that the Council of Architecture Rules have undergone various amendments since its inception in 1973, reflecting the evolving needs and challenges of the architectural domain in India.

Conclusion: The 2023 amendment to the Council of Architecture Rules is yet another step towards refining the regulatory framework for architects in India. By setting clear eligibility criteria and streamlining the nomination process, the Ministry of Education aims to create a more inclusive, transparent, and efficient system. As stakeholders digest these changes, it remains to be seen how they’ll influence the architecture landscape in the years to come.

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MINISTRY OF EDUCATION
(Department of Higher Education)
NOTIFICATION
New Delhi, the 24^th August, 2023

G.S.R. 623(E).—In exercise of the powers conferred by clause (a) of sub-section (2) of section 44 of the Architects Act, 1972, the Central Government hereby makes the following rules further to amend the Council of Architecture Rules, 1973, namely:-

1. Short title and commencement.-(1) These rules may be called the Council of Architecture (Amendment) Rules, 2023.

(2)   They shall come into force on the date of their publication in the Official Gazette.

2. In the Council of Architecture Rules, 1973, after Chapter III, the following chapter shall be inserted, namely:-

“Chapter-IIIA

ELIGIBILITY CRITERIA FOR NOMINATION TO THE MEMBERS OF THE COUNCIL UNDER CLAUSE (F) OF SUB-SECTION (3) OF SECTION 3 OF THE ACT.

22A. Eligibility for Nomination. – (1) An architect working in the State Government or Union territory administration or a person employed in any Architectural Institution or an architect in private practice, having valid registration with the Council shall be eligible to file the nomination to contest the election in respect of vacancy in the respective State or Union territory, where he or she is working or practicing, as the case may be.

The nominee shall have domicile in the State or the Union territory from where he or she is being nominated.

Architect shall have at least ten years’ experience in employment or practice for being eligible to file nomination under sub-rule (1).

22B.Process of Nomination. (1) Nominations shall be invited through open invitation by the department handling Technical Education or the department handling Higher Education of the concerned State or the Union territory, as the case may be.

(2) The government of the State or the Union territory shall consider candidature of all such applications on merit and communication towards nominee of the concerned State or the Union territory on the Council shall be sent to the Registrar, Council of Architecture.

(3) The process of nomination shall be completed by the respective State or the Union territory at least one month prior to the expiry of term of previous nominee.”

[No. F. 4-7/2020-TS.VI]

SAUMYA GUPTA, Jt. Secy.

Foot Note: The Council of Architecture Rules, 1973 were published in the Gazette of India, Extraordinary, Part-II, Section 3 sub-section (i) vide number G.S.R 67(E) dated 20^th Feb, 1973 and subsequently amended as follows by;

i. GSR 1104 dated the 26-09-1973

ii. GSR 543(E) dated the 31-12-1973

iii. GSR 412(E) of January, 1975

iv. GSR 669 dated the 04-05-1977

v. GSR 751 dated the 10-10-1987

vi. GSR 192 dated the 15-09-1998

vii. GSR 14 dated the 03-01-2002

viii. GSR 173 dated the 06-08-2014