Section 20 of The Architects Act, 1972
Withdrawal of recognition.
- (1)When upon report by the Executive Committee it appears to the Council--
- (a)that the courses of study and examination to be undergone in, or the proficiency required from the candidates at any examination held by, any college or institution, or
- (b)that the staff, equipment, accommodation, training and other facilities for staff and training provided in such college or institution, do not conform to the standards prescribed by regulations, the Council shall make a representation to that effect to appropriate Government.
- (2)After considering such representation the appropriate Government shall forward it along with such remarks as it may choose to make to the college or institution concerned, with an intimation of the period within which the college or institution, as the case may be, may submit its explanation to the appropriate Government.
- (3)On receipt of the explanation or where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government, in respect of the college or institution referred to in clause (b) of sub-section (5), shall make its recommendations to the Central Government.
- (4)The Central Government--
- (a)after making such further enquiry, if any, as it may think fit, in respect of the college or institution referred to in sub-section (3), or
- (b)on receipt of the explanation from a college or institution referred to in clause (a) of sub-section (5), or where no explanation is submitted within the period fixed, then on the expiry of that period, may, by notification in the Official Gazette, direct that an entry shall be made in the Schedule against the architectural qualification awarded by such college or institution, as the case may be, declaring that it shall be a recognised qualification only when granted before a specified date and the Schedule shall be deemed to be amended accordingly.
- (5)For the purposes of this section, "appropriate government" means--
- (a)in relation to any college or institution established by an Act of Parliament or managed, controlled or financed by the Central Government, the Central Government, and
- (b)in any other case, the State Government.
Summary
- If a college's courses, exams, staff, or facilities do not meet the standards set by the Council's regulations, the Council can make a formal representation to the appropriate government.
- The appropriate government refers to the Central Government for parliamentary or federally managed or funded colleges, and the State Government for all other colleges.
- The appropriate government must send the Council's complaint to the college and give them a specific period to submit an explanation.
- For state-level colleges, the State Government reviews the explanation (or waits for the period to expire) and then makes its recommendations to the Central Government.
- The Central Government has the final power, by publishing a notice in the Official Gazette, to declare that the college's degree will only be recognized if it was granted before a specific date.
Practical examples
FAQ
1. Who has the final authority to actually withdraw recognition of an architectural qualification under this law?
The Central Government has the final authority to withdraw recognition by publishing a notification in the Official Gazette.
2. What does "appropriate government" mean in this specific provision?
If the college was established by Parliament or is managed, controlled, or funded by the Central Government, the appropriate government is the Central Government. In all other cases, it is the State Government.
3. Does a college get a chance to defend itself before its recognition is withdrawn?
Yes, the appropriate government must forward the representation to the college and give them a specified period to submit an explanation.
4. What is the legal effect of a withdrawal of recognition on students who already graduated?
The Central Government's order specifies that the qualification remains recognized only when granted before a certain date, meaning students who graduated before that date keep their recognized status, while future graduates do not.
Test yourself
1.Under Section 20 of The Architects Act, 1972, who makes the initial representation to the government when a college fails to meet educational standards?
2.Under Section 20 of The Architects Act, 1972, if a private architectural college is managed and funded by a private trust in a particular state, which entity acts as the "appropriate government" to receive the Council's representation?
3.Under Section 20 of The Architects Act, 1972, what is the exact legal mechanism used by the Central Government to formally withdraw or limit the recognition of a qualification?
4.Under Section 20 of The Architects Act, 1972, what happens to students who graduate from a college after the date specified in a withdrawal of recognition order?