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The Pakistan Council of Architects and Town Planners Ordinance, 1983

Ordinance IX of 1983 · 20 pages

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      THE PAKISTAN COUNCIL OF ARCHITECTS AND TOWN
                 PLANNER ORDINANCE, 1983




                                       CONTENTS
1.    Short title, extent and commencement

2.    Definitions

3.    Constitution and incorporation of the Pakistan Council of Architects and Town Planners

4.    Chairman and Vice Chairman

5.    Annual general meeting of the Council

6.    Extraordinary general meeting of the Council

7.    General provisions relating to meetings of the Council

8.    Functions of the Council

9.    Executive Committee

10.   Recognition of architectural and town planning qualifications granted by
      institutions in Pakistan

11.   Recognition of architectural and town planning qualifications granted by institutions abroad

12.   Grant of temporary licenses

13.   Power to require information as to courses of study and Examination

14.   Inspection of Examination

15.   Withdrawal of recognition

16.   Maintenance of register, etc.

17.   Registration


                                           Page 1 of 20
18.   Appeal against refusal to permit registration

19.   Revision of Register

20.   Complaints against architects or town planners

21.   Tribunals of inquiry

22.   Procedure in inquiries, etc.

23.   Review

24.   Powers of the Tribunal

25.   Fund of the Council, accounts and audit

26.   Bye-laws of the Council

27.   Proof of membership, etc.

28.   Penalties and Procedure

29.   Infringement of Code of Professional Conduct

30.   Certain provisions to apply to unregistered architects and town planners

31.   Power to exempt

32.   Commission of inquiry
                                      THE FIRST SCHEDULE
                                     THE SECOND SCHEDULE




                                            Page 2 of 20
     THE PAKISTAN COUNCIL OF ARCHITECTS AND TOWN
               PLANNERS ORDINANCE, 1983

                                 ORDINANCE No. IX OF 1983
                                                                                      [7th Mach, 1983]
An Ordinance to make provisions for the regulation of architectural and town planning professions.

     WHEREAS it is expedient to make provision for the regulation of the architectural and town
planning professions and for that purpose to constitute a Council of Architects and Town Planners;

      AND WHEREAS the President is satisfied that circumstances exist which render it necessary
 to take immediate action;

     NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, and in
exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate
the following ordinance:—

      1. Short title, extent and commencement.—(1) This Ordinance may be called the Pakistan
Council of Architects and Town Planners Ordinance, 1983.

       (2) It extends to the whole of Pakistan.

       (3) It shall come into force at once.

       2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context,—

              (a)     “architect” means a person who holds any of the architectural qualifications
                      specified in the First Schedule or the Second Schedule and is registered as an
                      architect with the Council;

              (b)     “architectural and town planning public organisation” means a Department of
                      the Federal Government or a Provincial Government, a public corporation,
                      autonomous or semi-autonomous body, cantonment board, municipality
                      improvement trust or other local authority;

              (c)     “bye-law” means bye­laws made under this Ordinance;

              (d)     “Chairman” means Chairman of the Council;

              (e)     “Council” means the Pakistan Council of Architects and Town Planners
                      constituted under section 3;

              (f)     “Executive Committee” means the Executive Committee of the Council;

              (g)     “institution” means an institution within or without Pakistan which grants
                      degrees or diplomas in architecture or town planning and is recognised as such
                      by the Council;

              (h)     “member” means a member of the Council and includes the Chairman and Vice-


                                               Page 3 of 20
                                   Chairman;

                        (i)        “prescribed” means prescribed by bye­laws;

                        (j)        “professional architectural work” means the giving of professional advice and
                                   opinions, the making of measurement and layouts of buildings, the preparation
                                   of feasibility and other report, the production of concept, the originating,
                                   designing and planning, and, in association with relevant professionals,
                                   producing working drawings and contract documents, specification and bills of
                                   quantities, the inspection and supervision of works and issuing of certificates of
                                   such buildings and other works for which an architect offers his professional
                                   services;

                        (k)        “professional town planning work” means the giving of professional advice and
                                   opinions in the field of urban and regional planning, the carrying out of physical
                                   and socio- economic surveys, the preparation of feasibility reports, layout plans,
                                   and development plans, and, in association with relevant professionals, carrying
                                   out inspection and supervision of works and issue of certificates of such
                                   schemes and works for which a town planner offers his professional services;

                        (l)        “Register” means a Register maintained under section 16;

                        (m)        “Registrar” means the Registrar of the Council;

                        (n)        “town planner” a person who holds any of the town planning qualifications
                                   specified in the First Schedule or the Second Schedule and is registered as a
                                   town planner with the Council;

                        (o)        “University” means a University established by law in Pakistan having an
                                   architectural or town planning faculty or department; and

                        (p)        “Vice Chairman” means Vice Chairman of the Council

        3. Constitution and incorporation of the Pakistan Council of Architects and Town
Planners. (1) There shall be constituted in accordance with the provisions of this Ordinance a Council
to be known as the Pakistan Council of Architects and Town Planners.

       (2) The Council shall be a body corporate having perpetual succession and a common seal,
with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of land and
property, both movable and immovable, and enter into contract, and shall by the name by which it is
known sue and be sued.

       (3) The membership of the Council shall be open to the town planners 1[till a separate council
of town planners is constituted].

       (4) The Council shall be composed of all persons whose names may hereafter be entered in the
Register, so long as they continue to have their names borne on the Register.

 1
     Subs. by Act No. IX of 1994, s. 2, (w.e.f. 07-03-1993).




                                                               Page 4 of 20
        (5) Notwithstanding anything contained in sub-section (4), the Council shall, upon its first
constitution, be composed of—

                                (i)        a Chairman, being an architect with not less than fifteen years'
                                           experience, to be nominated by the Federal Government;

                                (ii)       two Vice-Chairmen, one being an architect and the other being a town
                                           planner with not less than fifteen years' experience, to be nominated by
                                           the Federal Government;

                                (iii)      ten members, six being architects and four being town planners with not
                                           less than five years' experience, to be nominated by the Federal
                                           Government; and

                                (iv)       two members, one being architect and one being a town planner, to be
                                           nominated by the Federal Government to represent architectural and
                                           town planning institutions in Pakistan.


          (6) The tenure of the members of the Council upon its first constitution shall be 1[two years].

        (7) The seal of the Council shall be authenticated in such manner as may be prescribed, and
any document purporting to be sealed with the seal so authenticated shall be receivable as evidence of
the particulars stated in the document.

          (8) The headquarters of the Council shall be at such place as the Council may decide.

        4. Chairman and Vice Chairman. (1) The Council shall have a Chairman who shall be an
architect of not less than fifteen years' experience and two Vice Chairmen, one being an architect and
the other a town planner of not less than fifteen years' experience, to be elected by the members from
amongst themselves in the prescribed manner.

      (2) Notwithstanding anything contained in sub-section (1), for a period of 2[two years] from
the commencement of this Ordinance, the Chairman and Vice Chairmen shall be the persons
nominated by the Federal Government under clauses (i) and (ii) of sub-section (5) of section 3.

       (3) The Chairman and Vice Chairmen shall, subject to sub-section (2), hold office for a term
of two years.

       (4) No person shall be qualified to be elected as, or to be, Chairman or Vice Chairman for more
than two consecutive terms.
       5. Annual general meeting of the Council. (l) An annual general meeting of the Council shall
be held at the headquarters of the Council at such time as may be appointed by the Executive
Committee.



 1
  Subs. by the Pakistan Council of Architects and Town Planners (Amdt.) Ordinance, 1984 (41 of 1984), s. 2, for “one year”.
 2
  Subs. ibid., s. 3, for “one year”.




                                                                 Page 5 of 20
       (2) The following business may be transacted at the annual general meeting, namely:—

               (a)     presentation of annual report;

               (b)     presentation of audited accounts;

               (c)     presentation of annual budget;

               (d)     appointment of auditors; and

               (e)     such other business as may be placed before the meeting by the Executive
                       Committee or as the meeting may decide.

       6. Extraordinary general meeting of the Council.—(1) An extraordinary general meeting of
the Council shall be called by the Chairman at the headquarters of the Council

               (a)     within fourteen days of the receipt by him of a requisition signed by not less
                       than fifty members and stating the business proposed to be transacted at the
                       meeting; or

               (b)     at any time, if the holding of such meeting for the consideration of any urgent
                       matter is in his opinion necessary.

       (2) At a meeting called in pursuance of clause (a) of sub-section (1), no business other than the
business stated in the requisition referred to in that clause shall be transacted.

       7. General provisions relating to meetings of the Council.(1) An annual or extraordinary
general meeting of the Council shall be held and conducted in accordance with the bye-laws.

       (2) To constitute a quorum at an annual or extraordinary general meeting of the Council, the
presence of not less than fifty members shall be necessary:

        Provided that, in respect of the Council constituted under sub-section (5) of section 3 this sub-
section shall have effect as if for the word “fifty” therein the word “five” were substituted.

       (3) All decisions of the Council at an annual or extraordinary general meeting shall be taken
by majority of the members present and voting.

       8. Function of the Council. The following shall be the function of council, namely:—

               (a)     maintenance of two Registers, one for persons qualified to practise as architects
                       and the other for persons qualified to practise as town planners, and two lists,
                       one for persons eligible to practise as unregistered architects and the other for
                       persons eligible to practise as unregistered town planners;

               (b)     recognition of architectural and town planning qualifications for the purpose of
                       registration of architects and town planners;

               (c)     removal of names, from the Register and restoration to the Register of names
                       which have been removed;




                                              Page 6 of 20
              (d)     laying down of standards of conduct for the members;

              (e)     safeguarding the interests of the members;

              (f)     assisting the Government and national institutions in identification and solution
                      of national problems relating to architecture and town planning;

              (g)     promotion of reforms in the architectural and town planning professions;

              (h)     management of the funds and properties of the Council;

              (i)     promotion of architectural and town planning education and review of courses
                      of studies in consultation with the Universities and recognised institutions and
                      advising the Government in the matter of architectural and town planning
                      education;

              (j)     levy and collection of fees from applicants for registration or temporary licences
                      and from members ;

              (k)     exercise of such disciplinary powers over the members and servants of the
                      Council as may be prescribed;

              (l)     formation of such committees as may be prescribed;

              (m)     making recommendation to the Government for recognition of a professional
                      architectural institute and a professional town planning institute to conduct
                      examinations and prepare such other functions as the Council may deem
                      necessary; and

              (n)     performance of all other functions connected with, or ancillary or incidental to,
                      the aforesaid functions.

       9. Executive Committee.—(1) There shall be an Executive Committee of the Council for the
management of the affairs of the Council and for performing the functions assigned to the Council by
or under this Ordinance.

       (2) The Executive Committee shall be composed of the following persons, namely:

              (a)     the Chairman and Vice Chairmen of the Council who shall also be the Chairman
                      and Vice­ Chairmen respectively of the Executive Committee;

              (b)     the Registrar;

              (c)     ten members, six being architects and four being town planners elected
                      respectively by architects and town planners; and

              (d)     two members, one being an architect and the other a town planner, to be
                      nominated by architectural and town planning institutions in Pakistan.




                                             Page 7 of 20
       (3) Notwithstanding anything contained in sub-section (2), for a period of 1[two years] from
the commencement of this Ordinance, the Executive Committee shall be composed of the persons
nominated by the Federal Government under sub-section (5) of section 3.

        (4) The members of the Executive Committee, other than the Registrar, shall, subject to sub-
section (3), hold office for a term of two years and shall not hold office for more than two consecutive
terms.

        (5) No person shall be qualified to be elected as, or to be, a member of the Executive Committee
if he does not possess five years' experience and is registered after the thirtieth day of June of the year
in which the election is to be held or, as the case may be, nomination is to be made.

        (6) The election of members of the Executive Committee under sub-section (2) shall be held
so as to conclude not less than fifteen days before the term of the outgoing members is due to expire.

        10. Recognition of architectural and town planning qualifications granted by institutions
in Pakistan.—(1) The architectural and town planning qualifications granted by the institutions in
Pakistan which are included in the First Schedule shall be the recognised qualifications for the purposes
of this Ordinance.

        (2) Any architectural or town planning institution in Pakistan which grants an architectural or
town planning qualification not included in the First Schedule may apply to the Council to have such
qualification recognised and the Council may, by notification in the official Gazette, amend the First
Schedule so as to include such qualification therein.

        11. Recognition of architectural and town planning qualifications granted by institutions
abroad.—(1) The architectural and town planning qualifications granted by institutions outside
Pakistan which are included in the Second Schedule shall be recognised qualifications for the purposes
of this Ordinance.

        (2) Any architectural or town planning qualification granted by an institution outside Pakistan
not included in the Second Schedule may be recognised by the Council, and Council may, by
notification in the official Gazette, amend the Second Schedule so as to include such qualification
therein.

         12. Grant of temporary licences.—(1) The Executive Committee may grant to any person
domiciled outside Pakistan who does not hold any recognised architectural or town planning
qualifications but who holds an equivalent diploma or degree in architecture or town planning from an
institution recognised by the Council and who is a corporate member of an architectural or town
planning body, society, institute or association recognised by the Council, a temporary licence for a
specific project to work as an associate of an architect or town planner, who shall sign and seal the
plans and specifications for the project.

        (2) Any person to whom a temporary license has been granted shall, during the period for which
the license is valid, be subject to the provisions of this Ordinance and the bye-laws.


 1
     Subs. by the Pakistan Council of Architects and Town Planners (Amdt.) Ordinance, 1984 (41 of 1984), s. 4, for “one year”.




                                                                   Page 8 of 20
              13. Power to require information as to courses of study and examination. Every institution
      in Pakistan which grants a recognised architectural or town planning qualification shall furnish such
      information as the Council may, from time to time, require as to the courses of study and examination
      to be undergone in order to obtain such qualification.

              14. Inspection of examination.—(1) The Council shall appoint such number of inspectors as
      it may deem requisite to attend at any or all of the examinations held by the institutions in Pakistan
      and the recognised professional architectural institutes and the recognised professional town planning
      institutes for the purpose of granting architectural or town planning qualifications which are recognised
      architectural and town planning qualifications or in respect of which recognition has been sought.

              (2) Inspectors appointed under sub-section (1) shall not interfere with the conduct of any
      examination but they shall report to the Council on the sufficiency of the examination which they
      attend and on the courses of study and facilities for teaching provided by the institution in question at
      different stages in respect of such examination, and on any other matter in regard to which the Council
      may require them to report.

              15. Withdrawal of recognition. When, upon report by an inspector, it appears to the Council
      that the courses of study and examination to be gone through in any institution in Pakistan in order to
      obtain a recognised architectural or town planning qualification or the standards of proficiency
      required from candidates in any examination held for the purpose of granting such qualification are
      not such as to secure to persons holding such qualification the knowledge and skill requisite for the
      efficient practice of architecture or town planning, the Council shall forward the report to the institution
      concerned with an intimation of the period within which it may submit its explanation to the Council.

              (2) On receipt of the explanation or, where no explanation is submitted within the specified
      period, on the expiry of that period, the Council, after making such further inquiry, if any, as it may
      think fit, may, by notification in the official Gazette, direct that an entry shall be made in the First
      Schedule against the architectural or, as the case may be, town planning qualification to which the
      explanation relates declaring that it shall be a recognised architectural or town planning qualification
      only when granted before a specified date 1[:]
                 2
             [Provided that, before issuing a direction as aforesaid, the Council shall give the institution
      concerned an opportunity of being heard.]

                 16. Maintenance of Register, etc.—(1) The Council shall maintain in the prescribed manner—

                             (a)        two separate Registers in which shall be entered the names and other particulars
                                        of persons possessing recognised architectural qualifications or, as the case may
                                        be, town planning qualifications whose applications for registration as architects
                                        or town planners are from time to time granted by the Council; and




1
    Subs. by the Pakistan Council of Architects and Town Planners (Amdt.) Ordinance, 1984 (41 of 1984), s. 5, for full-stop.
2
    Proviso added ibid.




                                                                         Page 9 of 20
                 (b)    two separate Lists, hereinafter referred to as the Lists, in which shall be entered
                        the names and other particulars of persons not possessing any of the aforesaid
                        qualifications who were licensed as architects or, as the case may be, town
                        planners by any public sector agency before the date appointed under
                        sub-section (1) of section 28 and who are declared by the Executive Committee,
                        after carrying out proper scrutiny by way of examination or otherwise, to be
                        eligible to practise as unregistered architects or unregistered town planners, as
                        the case may be.

        (2) Every application for registration under this Ordinance, or for the inclusion of name in
either of the Lists, shall be made to the Council in the prescribed form and be accompanied by the
prescribed fee.

        (3) Every person whose name is entered in a Register or in either of the Lists shall be entitled
to receive a certificate of registration or, as the case may be, a certificate of entry of name in the List,
under the hand of the Registrar.

       (4) A certificate issued under sub-section (3) shall, subject to the provisions of this Ordinance,
remain in force until the thirty-first day of December of the year in which it is issued and shall thereafter
be renewable annually upon payment of the prescribed fee.

       17. Registration.—(1) Every application for registration shall be considered by an Enrolment
Committee consisting of the Chairman and Vice-Chairmen and three other members, being architects
or town planners of not less than ten years' standing, nominated by the Executive Committee.

          (2)The Enrolment Committee may either permit or refuse to permit the registration of any
person:

          Provided that the Enrolment Committee shall not refuse permission for registration unless-

                 (a)    the applicant has been convicted of any such offence as implies in its opinion
                        defect of character; or

                 (b)    it has reason to believe that the applicant has been guilty of infamous conduct
                        in any professional respect; or

                 (c)    the applicant is unfit to practise on any other ground, including mental ill
                        health.

        18. Appeal against refusal to permit registration. Any person aggrieved by an order under
sub- section (2) of section 17 refusing to permit the registration of his name in the Register may, within
thirty days of the communication of the order, prefer an appeal to the Executive Committee.

        (2) Upon the receipt of an appeal under sub-section (1), the Executive Committee may, after
holding such inquiry as it may consider necessary and giving the appellant an opportunity of being
heard in person or through an advocate, pass such order as it may deem fit.

        19. Revision of register.—(1) the registrar shall remove form the register the name of any
architect or town planner—




                                               Page 10 of 20
               (a)     who has died ; or

               (b)     who has failed to have his certificate of registration renewed within one year of
                       the date of its expirty ; or

               (c)     whose name has been directed under sub section (7) of section 22 to be removed
                       from the register.

       (2) The Registrar shall restore to the Register the name of any architect or town planner whose
name has been removed from the Register under clause (b) of sub-section (1) if such architect or town
planner applies for such restoration and pays the prescribed fee.

        (3) The Council may, in its discretion, after the expiry of not less than one year following the
removal from the Register of the name of any architect or town planner, grant registration to such
architect or town planner if he applies for registration.

        20. Complaints against architects or town planners.—(1) If at any time a complaint is made
to the Council by any person as to the work or conduct of any architect or town planner, the Executive
Committee may refer the matter for inquiry and report to an inquiry committee appointed by it.

       (2) If, upon the receipt of such report, the Executive Committee considers that a prima facie
case for the removal from the Register of the name of the architect or town planner to whom the
complaint relates has been established, the Executive Committee may refer the case to a Tribunal.

        21. Tribunals of Inquiry.—(1) For holding inquiries into the professional conduct of
architects and town planners, the Executive Committee may constitute as many Tribunals of Inquiry
as it may consider necessary.

       (2) A Tribunal shall consist of three members appointed by the Executive Committee.

      (3) The Executive Committee shall appoint one of the members of the Tribunal to be the
Chairman thereof.

        22. Procedure in inquiries, etc.—(1) In inquiries relating to the professional conduct of an
architect or town planner, the Tribunal shall, except as hereinafter provided, follow such procedure as
may be prescribed.

        (2) The Tribunal shall fix a date for the hearing of the case and shall cause notice of the day so
fixed to be given to the complainant and the architect or town planner concerned, hereafter in this
section referred to as the respondent, and shall afford to the complainant and the respondent an
opportunity of leading evidence, if any, and of being heard before recommendations are made in the
case.

       (3) The Chairman of the Tribunal may empower a member of the Tribunal to consider and
decide preliminary issues and to record evidence.

       (4) On completion of the inquiry, the Tribunal may recommend to Executive Committee—

               (a)     dismissal of the complaint ; or



                                              Page 11 of 20
               (b)     imposition of any of the following penalties on the respondent, namely :—

                       (i)     reprimand ;

                       (ii)    removal of name from the Register for a period not exceeding twelve

                       (iii)   months ; removal of name from the Register altogether ; or’

               (c)     prosecution of the respondent for the offence constituted by his conduct.

        (2) The Tribunal may make such recommendation to the Executive Committee as to the cost
of the proceedings before it as it may deem fit, and, where the Tribunal is of the opinion that a
complaint made against a respondent is false and vexatious, it may, in addition and without prejudice
to any other remedy available to the respondent, recommend imposition upon the complainant of costs
not exceeding a sum of ten thousand rupees and payment to the respondent of the whole or any part of
the costs recovered from the complainant.

       (3) In any case in which it has recommended the imposition of any penalty on, or the
prosecution of, the respondent, the Tribunal may also recommend that an amount not exceeding twice
the amount of the fee received by the respondent from the complainant may be recovered from the
respondent and paid to the complainant as compensation.

       (4) The Executive Committee shall meet to consider the recommendations of the Tribunal
within a period of six weeks from the date of receipt thereof and pass such orders as it may deem fit.

        (5) Any order of the Executive Committee as to the costs of the proceedings before the Tribunal
or as to the recovery of any amount from a complainant or a respondent shall be executable as if it
were a decree of a civil court.

      (6) When any architect or town planner is reprimanded under this Ordinance, a record of the
punishment shall be entered against his name in the Register.

       23. Review.—(1) The Executive Committee may, within thirty days of its order under
sub-section (7) of section 22, either of its own motion or on application made to it in that behalf, review
and, while so reviewing, modify, reverse or confirm the order.

        (2) An order shall not be modified or reversed unless reasonable notice has been given to the
parties affected thereby to appear and be heard. .

        24. Powers of the Tribunal.—(1) For the purpose of any such inquiry as aforesaid, a Tribunal
shall have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (Act V
of 1908), in respect of the following matters, namely:—
                       (a)     enforcing the attendance of any person;

                       (b)     compelling the production of documents; and

                       (c)     issuing commissions for the examination of witnesses.




                                              Page 12 of 20
        (2) Every such inquiry shall be deemed to be a judicial proceeding within the meaning of
sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860), and a Tribunal shall be deemed
to be a civil court for the purposes of section 480 and 482 of the Code of Criminal Procedure, 1898
(Act V of 1898).

       (3) For the purposes of enforcing the attendance of any person or of compelling the production
of documents or issuing commissions,—

               (a)     the jurisdiction of a Tribunal shall extend to the whole of Pakistan; and

               (b)     a Tribunal may send to any civil court having jurisdiction in the place where the
                       Tribunal is sitting any summons or other process for the attendance of a witness
                       or the production of documents required by the Tribunal, or any commission
                       which it desires to issue, and the civil court shall serve such process or issue
                       such commission, as the case may be, and may enforce any such process as if it
                       were a process for attendance or production before itself.

        (4) Proceedings before a Tribunal in any such inquiry shall be deemed to be civil proceedings
for the purposes of section 132 of the Evidence Act, 1872 (1 of 1872), and the provisions of that section
shall apply accordingly.

        25. Fund of the Council, accounts and audit.—(1) All sums received by the Council as fees,
grants, donations or subscription shall form part of a fund which shall be managed, administered and
utilised in such manner as may be prescribed.

       (2) The Executive Committee shall cause to be maintained such books of account and other
books in such form and manner as may be prescribed.

       (3) The accounts of the Council shall be audited before the thirtieth day of November each year
by an auditor appointed by the Council who is a chartered accountant within the meaning of the
Chartered Accountants Ordinance, 1961 ( X of 1961).

       26. Bye-laws of the council.— (1) the council may make bye-laws for carrying out the
purposes of this ordinance.

      (2) In particular and without prejudice to the generality of the foregoing power, such bye-laws
may provide for all or any of the following matters, namely:—

               (a)     the summoning and holding of meetings of the Council and Executive
                       Committee, the time and places where such meetings are to be held, the conduct
                       of business and the number of members necessary to constitute a quorum at a
                       meeting of the Executive Committee

               (b)     the powers and duties of the Chairman and Vice­Chairmen;

               (c)     the terms of office and powers and duties of the Registrar and other officers and
                       servants of the Council;

               (d)     the appointment, powers, duties and procedure of inspectors;



                                             Page 13 of 20
                       (e)        the procedure for maintenance and publication of the Register, the fees to be
                                  charged under this Ordinance and establishment of sub-offices or branches of
                                  the Council;

                       (f)        the management of the property of the Council and the maintenance and audit
                                  of its accounts;

                       (g)        the procedure at any inquiry held under section 22; and

                       (h)        any other matter which is to be or may be prescribed.


        (3) The first Council shall make the bye-laws within 1[two years] of its assuming office and
shall also frame a Code of Professional Conduct for architects and town planners.

       (4) The Code of Professional Conduct framed under sub-section (3) may be amended, modified
or repealed by the Council.

        27. Proof of membership, etc. For the purposes of any action or proceeding under this
Ordinance, a certificate of the Registrar certifying under the seal of the Council that, on a specified
date, the name of a person was or was not borne on the Register shall be proof of its contents and of
the authenticity of his signature, until the contrary is proved.

       28. Penalties and procedure.—(1) After such date as the Federal Government may, after
consultation with the Council, by notification in the official Gazette, appoint in this behalf, whoever
undertakes any professional architectural or town planning work shall, if his name is not for the time
being borne on the Register or on either of the Lists, be punishable with fine which may extend to five
thousand rupees, and in the case of a continuing offence, with a further fine which may extend to two
hundred rupees for every day after the first day during which the offence continues.

        (2) Whoever wilfully procures or attempts to procure himself to be registered under this
Ordinance as an architect or town planner, or to have his name entered in either of the Lists, by making
or producing or causing to be made or produced any false or fraudulent representation or declaration,
either orally or in writing, and any person who assists him therein, shall be punishable with fine which
may extend to five hundred rupees

        (3) Whoever falsely pretends to be registered under this Ordinance or to have his name borne
on either of the Lists, or not being registered under this Ordinance or having his name borne on either
of the Lists, uses with his name any words or letters representing that he is so registered or his name
is so borne, irrespective of whether any person is actually deceived by such pretence or representation
or not, shall be punishable with fine which may extend to five hundred rupees.

        (4) No person undertaking any professional, architectural or town planning work shall, unless
he is registered under this Ordinance or his name is borne on either of the Lists, be entitled to recover
before any court or other authority any sum of money for service rendered in such work.



 1
     Subs. by the Pakistan Council of Architects and Town Planners (Amdt.) Ordinance, 1984 (41 of 1984), s. 6, for “six months”.




                                                                  Page 14 of 20
      (5) No court shall take cognizance of any offence punishable under this Ordinance save on a
complaint made by, or under the authority of, the Council.

       (6) No court inferior to that of a Magistrate of the first class shall try any offence punishable
under this Ordinance.

       29. Infringement of Code of Professional Conduct. Any infringement of the Code of
Professional Conduct framed under sub-section (3) of section 26 shall make a registered person liable
to have his name removed from the Register.

        30. Certain provisions to apply to unregistered architects and town planners. The
provisions of sections 19, 20, 21, 22, 23 and 24, sub-section (3) of section 26, and sections 27, 28 and
29 shall mutatis mutandis apply to unregistered architects and unregistered town planners whose names
are borne on the Lists.

       31. Power to exempt. The Federal Government may, either on the recommendation of the
Council or of its own motion, by notification in the official Gazette, exempt any person or class of
persons, or any architectural or town planning works or class of such works, from the operation of the
provisions of section 28, subject to such conditions, if any, as may be specified in the notification.

        32. Commission of Inquiry.—(1) Whenever it is made to appear to the Federal Government
that the Council is not complying with any of the provisions of this Ordinance, the Federal Government
may refer the particulars of the complaint to a Commission of inquiry consisting of—

               (a)     a person who is, or has been, or is qualified to be, a Judge of a High Court, to
                       be appointed by the Federal Government;

               (b)     an architect or town planner, to be nominated by the Federal Government; and

               (c)     an architect or town planner, to be nominated by the Council.

        (2) The Commission shall proceed to inquire and report to the Federal Government as to the
truth of the matters charged in the complaint; and, in case of any charge of default or of improper
action being found by the Commission to have been established, the Commission shall recommend
remedies, if any, which are in its opinion necessary.

         (3) The Federal Government may require the Council to adopt the remedies so recommended
within such time as, having regard to the report of the Commission, it may think fit; and, if the Council
fails to comply with any requirement, the Federal Government may amend the bye-laws or make such
provision or order or take such other steps as it may deem necessary to give effect the recommendations
of the Commission.

       (4) The Commission shall have power to administer oaths, to enforce the attendance of
witnesses and the production of documents, and shall have all such other necessary powers for the
purpose of any inquiry conducted by it as are exercised by a Civil Court under the Code of Civil
Procedure, 1908 (Act V of 1908).




                                             Page 15 of 20
                                THE FIRST SCHEDULE

                            [See sections 2 (a) and (n) and 10]

  RECOGNISED ARCHITECTURAL AND TOWN PLANNING QUALIFICATIONS
              GRANTED BY INSTITUTIONS IN PAKISTAN.

Name of Institution                               Recognized Architectural and

                                                  Town Planning Qualifications
                                PART I-ARCHITECTURE
1. University of Engineering and Technology       Bachelor of Architecture.
Lahore.
2. Dawood College of Engineering and              Bachelor of Architecture.
Technology Karachi.
3. National College of Arts Lahore ..             (1) National Diploma in Architecture
                                                  (Five-Year Diploma).

                                                  (2) 3 Year Diploma in Architecture
                                                  (Discontinued in 1960).
4. Government School of Architecture Karachi. 4-Year Diploma in Architecture
                                              (Discontinued in 1974).

                                        PART II-TOWN
                                         PLANNING
University of Engineering and Technology,         (1) Master of Science in Town Planning.
Lahore.
                                                  (2) Bachelor of Science in Town Planning.

                                                  (3) Bachelor of Science in City and
                                                  Regional Planning.




                                         Page 16 of 20
                               THE SECOND SCHEDULE
                              [See sections 2(a) and (n) and 11]
RECOGNISED ARCHITECTURAL AND TOWN PLANNING QUALIFICATIONS GRANTED
                  BY INSTITUTIONS OUTSIDE PAKISTAN


    Name of Institution                                                Recognised
                                                                       Architectural and
                                                                       Town Planning
                                                                       Qualifications
    1                                                                  2
    PART I – ARCHITECTURE
    1. Middle East Technical University, Ankara, Turkey.               Bachelor of
                                                                       Architecture.
    2. American University at Beirut, Lebanon.                         Bachelor of Secience in
                                                                       Architectural
                                                                       Engineering.
    3. Bangladesh University of Engineering and Technology, Dacca,     Bachelor of
    Bangladesh.                                                        Architecture.
    4. University of Manchester, Manchester, U.K.                      Bachelor of
                                                                       Architecture.
    5. University of Nottingham, Nottingham, U.K.                      Bachelor of
                                                                       Architecture.
    6. University of Edinburgh, Edinburgh, U.K.                        Diploma in
                                                                       Architecture.
    7. Leeds Polytechnic, Leeds, U.K.                                  Diploma in
                                                                       Architecture.
    8. Leicestor Polytechnic, Leicestor, U.K.                          Diploma in
                                                                       Architecture.
    9. Liverpool Polytechnic, Liverpool, U.K.                          Diploma in
                                                                       Architecture.
    10. Architectural Association School of Architecture, London, U.K. Diploma in
                                                                       Architecture.
    11. Polytechnic of Central London, London, U.K.                    Diploma in
                                                                       Architecture.




                                         Page 17 of 20
12. Oxford School of Architecture, College of Technology, Oxford, Diploma in
U.K.                                                              Architecture.
13. University of Sheffield, Sheffield, U.K.                         Diploma in
                                                                     Architecture.
14. Brighton Polytechnic, Brighton, U.K.                             Diploma in
                                                                     Architecture.
15. Tasmanian College of Advanced Education, Tasmania, Australia. Diploma in
                                                                  Architecture.
16. University of Liverpool, Liverpool, U.K.                         Bachelor of
                                                                     Architecture.
17. California State Polytechnic College, St. Lours, California,     Bachelor of
U.S.A.                                                               Architecture.
18. University of Hawaii, Honolulu, Hawaii, U.S.A.                   Bachelor of
                                                                     Architecture.
19. University of Houston, Houston, Texas, U.S.A.                    Bachelor of
                                                                     Architecture.
20. University of Illinois, Chicago Illinois, U. S. A.               Bachelor of
                                                                     Architecture.
21. University of Illinois, Urbana, Illinois, U. S. A.               Bachelor of
                                                                     Architecture.
22. Illinois Institute of Technology, Chicago, Illinois, U. S. A.    Bachelor of
                                                                     Architecture.
23. Iowa State University, Ames, Iowa, U. S. A.                      Bachelor of Arts in
                                                                     Architecture.
24. University of Kentucky, Lexington, Kentucky, U. S. A.            Bachelor of
                                                                     Architecture.
25. Massachusetts Institute of Technology, Cambridge,                Bachelor of
Massachusetts, U. S. A.                                              Architecture.
26. University of Michigan, Ann Arbor, Michigan, U. S. A.            Bachelor of
                                                                     Architecture.
27. University of Nebraska, Lincoln, College of Architecture,        Bachelor of Science in
Nebraska, U. S. A.                                                   Architecture.
28. University of Oregon, Eugene, Oregon, U.S.A.                     Bachelor of
                                                                     Architecture.
29. University of Pennsylvania, Philadelphia, Pennsylvania, U. S. A. Bachelor of
                                                                     Architecture.


                                       Page 18 of 20
30. Princeton University, Princeton, New Jersey, U. S. A.         Bachelor of
                                                                  Architecture.
31. University of Texas, Austin, Texas, U. S. A.                  Bachelor of
                                                                  Architecture.
32. Washington University, St. Louis, Missouri, U. S. A.          Bachelor of
                                                                  Architecture.
33. Yale University, New Haven, Connecticut, U. S. A.             Bachelor of
                                                                  Architecture.
34. University of Texas, Arlington, Texas, U. S. A.               Bachelor of Science in
                                                                  Architecture.
35. New York Institute of Technology, New York, U. S. A.          Bachelor of Science in
                                                                  Architecture.
36. McGill University, Montreal, Canada.                          Bachelor of
                                                                  Architecture.
37. University of Calgary, Calgary, Alberta, Canada.              Bachelor of
                                                                  Architecture.
38. J.J. School of Architecture, Bombay, India.                   Diploma in
                                                                  Architecture (Diploma
                                                                  Awarded up to 31st
                                                                  December, 1980).
39. Delhi Polytechnic, New Delhi, India.                          Diploma in
                                                                  Architecture (Diploma
                                                                  Awarded. up to 31st
                                                                  December, 1980).
40. Government College of Fine Arts, Hyderabad, India.            Diploma in
                                                                  Architecture (Diploma
                                                                  Awarded up to 31st
                                                                  December, 1980).
41. State Board of T echnical Education and Training Hyderabad,   Diploma in
India.                                                            Architecture (Diploma
                                                                  Awarded up to 31st
                                                                  December, 1980).




                                    Page 19 of 20
                              PART II. – TOWN PLANNING
1. Graduate School of Ekistics. Athens, Master of Science in Eiskistics.
Technological Institute, Athens, Greece.
2. Asian Institute of Technology, Bangkok, Master in Human Settlements Planning.
Thailand.
3. Michigan State University, East Lansing, Master in Urban Planning.
Michigan, U.S.A.
4. University of Hawaii, U.S.A.               Master of Urban and Regional Planning.
5. University of Nottingham, U.K.             Master of Arts in Urban and Regional Planning.
6. University of Liverpool, U.K.              Master in Civil Design.
7. University of Edinburgh, U.K.              M. Phil. in Urban Design and Regional Planning.
8. College of Technology, Oxford, U.K.        Four years Degree Course in Planning Studies.
9. Graduate School of Ekistics, Athens, Diploma in Ekistics (Discontinued in 1962).
Technological Institute Athens, Greece.
10. University of Liverpool, U.K.             Diploma in Town Planning.
11. University of Edinburgh, U.K.             Diploma in Town Planning.
12. Durham University, U.K.                   Post-graduate Diploma in Town Planning.
13. College of Technology, Oxford, U.K.       Diploma in Urban Planning.
14. University of New Castle Upon             Post-graduate Diploma in Town Planning.
Tyne, Liverpool, U.K.




                                         Page 20 of 20


Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.

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