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CoA Matters +91-11-26134644 Facebook Facebook Twitter Twitter Google+ Google+ LinkedIn LinkedIn YouTube YouTube Instagram Instagram MenuHome About Us About Consulting Engineering Memorandum & Rules ofUndertoneCode of Ethics Vision Mission & Values Governing Council Events Events Calendar FIDIC Events Young Engineers Year 2016 Past Events Women Engineers Year 2015MerchantryTenders Membership Why Join CEAI ? How to Join ? Member News Publications CEAI Newsletters VIEW POINT Selection of Consultants FIDIC Publications ASPAC News Govt. Notifications Industry News Engineers Colloquy Legislation for Engineers Support the Petition CoA Matters Blog My worth Cart Checkout Pay Now Contact Us Feedback Elected Representatives Product was widow to your cart CoA MattersHome Engineers Colloquy CoA Matters                                                                             NOTE FOR ENGINEERS   Consulting EngineersUndertoneof India (CEAI) IndianUndertoneof Structural Engineers (IAStructE)Undertoneof Consulting Civil Engineers (India) (ACCE(I)) Engineering Council of India (ECI)   Dear Fellow Engineers, Your sustentation is drawn to some of the happenings on worth of the deportment initiated by the Council ofTracery(COA) which are restrictive in nature and infringe and violate the fundamental rights guaranteed to all citizens of India by the Constitution vide Article 19. CEAI took the lead in its Governing Council Meeting held on 31st May 2013 in New Delhi to discuss the Public Notice dated 20th May 2013 issued by the Council of Architecture. Mr. Subash C Mehrotra, President, IndianUndertoneof Structural Engineers (IAStructE) who is moreover a Governing Council Member of CEAI was moreover present. Dr. Uddesh Kohli, Chairman, Engineering Council of India (ECI) was moreover invited to the meeting. In that and subsequent meetings of the representatives of the associations, it was noted that the Public Notice dated 20-05-2013 by the COA sought to mislead by making assertions which sought to misguide and that the COA, by an illegal exercise of power, attempted to overreach the proceedings sub judice surpassing the Hon’ble HighMagistrateof Delhi in W.P.(C) No. 934 of 2012. It was moreover noted that the COA’s notice asserts an erroneous interpretation of the Architects Act, 1972. TheUndertoneof Consulting Civil Engineers (India) [ACCE(I)] moreover joined later on when apprised of the matter. The Institution of Engineers (India) was moreover apprised and they well-set to the tideway unexplored and were moreover represented in the Press Conference held on 12th September 2013. The Press Release is tying at ANNEXURE A. It was therefore decided in the meetings of the representatives of the associations that whoopee be initiated to issue a legal notice to the Council of Architecture, hold a Press Meet and send representation to the concerned Ministries – viz. Ministry of Corporate Affairs and Ministry of Human Resource Development with copies to the Ministry of Law and Justice. It was moreover decided that legal proceedings be initiated or that the undertone implead in existing magistrate cases. In order to meet the expenses for all these the associations and some organisations unsalaried the initial funds to get the whoopee started. To put the matter in its correct perspective, the findings of the associations and based on legal opinions received, the issues are explained hereinafter. The relevant parts of Article 19 of the Constitution of India, are reproduced unelevated for ready reference. “Right to Freedom” 19 (1) All citizens shall have the right- (g)to practice any profession, or siphon on any occupation, trade or business, which is to be read withal with (6) Nothing in sub-clause (g) of the said clause shall stupefy the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the unstipulated public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall stupefy the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to, – the professional or technical qualifications necessary for practising any profession or delivering on any occupation, trade or business, or the delivering on by the State, or by a corporation owned or controlled by the State, or any trade, business, industry or service, whether to the exclusion, well-constructed or partial, of citizens or otherwise. The Council ofTraceryhave been misinterpreting and misrepresenting the Architects Act, 1972 although the various High Courts have repeatedly held that the Architects Act, 1972 is “An Act to provide for the registration of architects and for matters unfluctuating therewith”; that it merely regulates the use of title of ‘architect’, which applies only to a person registered under the said Act. In the Statement of Objects and Reasons of the Architects Act, 1972, para 3 unmistakably states: “The legislation protects the title ‘architect’ but does not make the design, supervision and construction of buildings as an sectional responsibility of architects. Other professionals like engineers will be self-ruling to engage themselves in their normal vocation in respect of towers construction works provided that they do not style themselves as architects”. The High Courts have remoter held that “whereas unlike statutory enactments regarding Advocates, Chartered Accountants,VisitorSecretaries, etc. which restrict there under, the Architects Act does not restrict practice of design, construction and supervision of buildings to Architects registered under the said Act”. The Hon’ble Bombay HighMagistratehad held, “In the whilom circumstances we are not inclined to winnow the specimen of the petitioners that the Architects Act restricts practice of technie to persons registered under the said Act. Therefore qualified engineers who cannot themselves undeniability as Architects may still be self-ruling to do the work which is ordinarily washed-up by the Architects and it would be unshut for the Corporations to regulate licensing in favour of such qualified engineers.” (Writ Petition No. 4692 of 1990 – The Indian Institute of Architects v/s Pimpri Chinchwad Municipal Corporation and another). Some increasingly magistrate judgments were given in CEAI’s ViewPoint of December 2013 which are reproduced in Annexure A. In one of their moves, the Council ofTraceryhad issued a Public Notice dated 20thMay 2013 (copy enclosed for ready reference) which once then harps on the same. To sieve the correct position in this behalf it is reiterated that the Architects Act, 1972 was enacted merely to provide for the registration of architects and for matters unfluctuating therewith. The said Act does not in any manner purport to tenancy or regulate or plane pinpoint the profession of architects. Unlike the statutes that regulate other professions like the Advocates Act, 1961, the Chartered Accountants Act 1949, the Indian Medical Council Act, 1956, etc., the Architects Act 1972 does not contain any prohibition or restriction versus a person not registered as an technie providing services like planning, designing of buildings, drawings, supervision, etc. The practice of tracery is not restricted to registered architects under the Architects Act, 1972. What is prohibited is only the use of the title ‘architect’ and practice in the style of ‘architect’.Planethe NationalTowersCode of India, 2005 issued by the Bureau of Indian Standards recognizes this fact whilst setting out the qualification and competency requirements of professionals like architects, engineers, structural engineers, supervisors, town planners, landscape architects, urban designers, engineers for utility services, etc. Thus, the practice of tracery by any person is not prohibited by the Architects Act. Consequently, it is not necessary for any limited visitor or LLP to remove from its objects in its Memorandum ofUndertoneany clauses which show the object or intent to practice architecture. In fact the Architects Act does not plane struggle to pinpoint the work or practice of architecture. However, this would imbricate activities like planning, designing and drawing. All these activities can be carried out by persons other than registered architects, if they are otherwise qualified and competent to do so. Any criminal prosecution versus the limited companies or LLPs for retaining the object clauses providing for the object or purpose of delivering out architectural services like planning, designing, drawing, etc. as threatened in the said public notice, will be unmistakably without any legal understructure or would value to vituperate of process of law.Thencontrary to what is stated in the public notice, a foreign technie or consultant not registered with COA can be scheduled for architectural works with the prior permission of the Central Government. The only prohibition stuff that such foreign technie or consultant cannot use the title and style of ‘architect’ in India. CEAI is in unvarying liaison with other associations representing engineers to take this mater throne on and once and for all put an end to the malicious intents and dictates of the COA. For this your undertone has requisitioned necessary legal assistance and has been engaged in issuing legal notices, sending representations to Ministries to put the facts surpassing the authorities, filing and impleading in existing magistrate cases filed by others. The deportment taken so far by the associations are tabulated as Annexure-B. In the interest of safety, health and well stuff of the society and the environment, engineers are well-considered to counsel the project owners (the main client): To sublease only qualified and competent engineers for the planning, diamond and execution of their buildings and other projects. That Engineers should be scheduled directly by the vendee and not through an ‘architect’ since that leads to subjugation of the engineering requirements. The independence to take decisions is necessary and imperative for the safety, stability and robustness of the structure and the systems. The whims and fancies of an ‘architect’ cannot decide those requirements since they may not unchangingly understand their implications. To take up the issues with full gravity for the rights of the engineering fraternity SOLIDARITY is essential and so are FUNDS. Please send in your contribution to CEAI. The contribution by you and the expenses incurred by CEAI for these are exempt from IT.   Issued by Associations and Institutions representing the interests of the professional engineers   Cheque/Bank Draft drawn in favour of “Consulting EngineersUndertoneof India” and payable at New Delhi or sent via Bank transfer as per details given below:  WorthNumber : 50100033126466 Name of Bank :     HDFC Bank Branch Address :50 Musoodpur, Main Road, VasantKunj, New Delhi 110070 Branch Code :0679 MICR Code :110240097 SWIFT Code :HDFCH0000679 IFSC Code :HDFC0000679    MagistrateJudgments  A list of some Court Judgments with regards to CoA matters are listed below: Hon’ble Ms Justice Rekha Palli Judgement – Petitioner BDPDiamondHon’ble Mr Justice Manmohan Judgment – Petitioner Sudhir Vohra Hon’ble Mr Justice A M Khanwilkar Judgement- Petitioner ACE Bhopal Unit Hon’ble Mr Chief Justice Rajiv Sahai Endlaw Judgement – Petioner COA Hon’ble Mr Chief Justice  Pradeep Nandrajog Judgement – Appellant COA – Respondents Permendra Raj Mehta and ORS Hon’ble Mr Justice V K Jain Judgement – Petitioner Permendra Raj Mehta and ORS – Respondent NBCC and ORS Hon’ble Mr Justice Vipin Sanghai Judgement – Petitioner Sudhir Vohra – Respondent Registrar of Companies and ORS Hon’ble Judges Mr A P Shah and Mr S C Dharmadhikari Judgement -Appellant IIA – Respondent Pimpri Chinchwad Mun Corpn Hon’ble Judges Mr G F Cuto and Mr G D Kamat Judgement – Appellants Smt Meghana AP Desai and Mr Vikas Desai Hon’ble Mr Justice B N Kirpal Judgement – Petitioner MCD         Quick Contact Your Name (required) Your Email (required) Mobile No: Subject News India’s first flight powered by biofuel lands at IGI Airport August 28, 2018 STA-1: India becomes first South Asian country to get wangle to US cutting-edge technology August 28, 2018 Russian President Putin stresses on Asset Management July 16, 2018 Human-engineered changes on Mississippi River increased lattermost floods April 6, 2018 Researchers create a protein ‘mat’ that can soak up pollution March 17, 2018 View All Member’s Directory Terms & PoliciesTerms & Conditions Shipping Cancellations & Returns Disclaimer Privacy EventsLecture on "Interlinking of Rivers & Management of Water Resources"10/10/2018New Delhi © Copyright Ceai.org.in | Powered by Kakinfotech.com Menu