Architecture practice in India right from getting a degree to seeking employment weather in government or non-government organizations or self- employment deals with various professional bodies, regulations and laws. Those who wish to seek faculty positions in architectural institutes or employment in government/ semi- government sectors, own architectural practice should register with the following agencies –
- Income Tax Department
- Council Of Architecture
- Registrar Of Firms
- Profession Tax Authority
- Service Tax Authority
- Enrollment With Local Bodies (Municipal Corporations, etc)
- Importance of Registration with COA
Laws and regulations main motive is to maintain high quality practice with safeguarding the interest of common people who cannot distinguish between a qualified and non-qualified professional. So every “qualified” professional architect must register with Council of Architecture to use the title “Architect”
If someone without registration is found using the title he/she can be subjected to fine or imprisonment. A person who wants to register for COA can fill a form with a copy of diploma/degree and send it to the office with an yearly fee for registration and renewal after every year for the same. The registration number indicates year of registration along with serial number (CA/98/1212).
- Registration of Firm
An application in a specified format is submitted to the registrar of firms along with a stipulated application fee. The registrar then issues a certificate that bears the reiteration number of the firm. In case of any dispute with the client an architect can take advantage of this registration and can sue the client for non- payment of his fee and take advantage of the facilities available to registered firms. Whereas non-registered firms cannot get legal remedies or sought out problems through arbitration.
- Registration in Civic Authorities
It is similar to the earlier process of submitting your details , COA number along with your copy of degree/diploma to get your enrollment number . An Architect should register to the Municipal Corporation for his identification and as a proof of an “Licensed Technical Person”.
- Registration with Income Tax Department
Allotment of Permanent Account Number (PAN) can be done by applying to the Income Tax Department in order to obtain certain tax concessions . Once PAN number is issued the Tax payer is required to file a return of his income every year.
- Registration for Profession Tax
Every professional who is self -employed or employed by someone should pay profession tax. It is collected through sales tax department by state government . Every professional must apply to the Commissioner of Sales Tax in his city for a registration number.
- Registration for Service Tax
Every Architect must collect prescribed service tax from his client and pay it in Government Banks. He must also file for service tax returns . It forms a part of central Excise Department of Central Government.
- Professional Conduct Regulations:
These regulations are for the guidance of Architects. The Architect has obligation to his client, the public and to other related professionals. He must not take part in any competition which is not as per the guidelines prescribed by the Council of Architecture nor should he act as a member of jury.
The following are regulations that have been framed by the powers of the Council under Section 45 of Architects Act, I 972,
- He must provide professional services of a high standard to the best of his ability.
- He shall inform his client of the conditions of his engagement and scale of fees which will form the basis of his appointment.
- He will ensure that his professional duties do not conflict with his responsibility to contribute to quality of environment and welfare of society.
- He must apply his skill to the creative, responsible and economic development of his country.
- He will not pass on the work to another Architect without prior agreement of his client.
- He must act with fairness and impartiality when administering a building contract.
- He must compete with other Architects in a fair manner.
- He must uphold Conditions of Engagement as prescribed by Council of Architecture.
- He must not prepare designs free of charge or for reduced fee.
- He must not accept a project which he knows has been given to another architect before he makes sure that the Architect’s appointment has been properly terminated and his dues have been settled. He must notify the other Architect before accepting such a project.
- He must not take as a partner whose name has been removed from Council’s Register.
- He must provide his employees with suitable working environment, compensate them fairly and recognize their professional contribution.
- He must not give or take discounts, commissions , gift or use other forms of inducement to get a project .
- He shall not advertise his professional services nor shall he allow his name to be used for publicity purposes.
He may exhibit his name outside his office or at a building site provided the lettering does not exceed 10 cm height. He may also allow his name to appear in classified columns, trade, professional directory. Violation of any of these regulations will result a professional misconduct which will invite disciplinary action.
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