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Section 41 of The Architects Act, 1972

Protection of action taken in good faith.

No suit, prosecution or other legal proceeding shall lie against the Central Government, the Council or any member of the Council, the Executive Committee or any other committee or officers and other employees of the Council for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.

Summary

This provision protects officials and bodies from legal trouble when carrying out their duties under the Act.
No lawsuit, prosecution, or other legal proceeding can be filed against them for actions done in good faith.
This protection applies to actions done or intended to be done under the Act, rules, or regulations.
The protected parties include the Central Government, the Council, Council members, the Executive Committee, any other committee, and all officers and employees of the Council.

Practical examples

1In September 2026, the Council removed Suresh's name from the register after a proper inquiry because of a serious error in his application. Suresh tried to sue the individual members of the Executive Committee for damages. The court dismissed the suit because the members acted in good faith under the Act.

2An employee of the Council, Priya, carried out an official order to reject a late renewal application. The applicant threatened to prosecute her personally. Priya was fully protected from prosecution because her action was done in good faith under the rules.

FAQ

1. What does the term "good faith" mean in this section?

Good faith means doing something honestly, with proper care and attention, and without any bad or malicious intentions.

2. Can a registered architect sue an employee of the Council of Architecture for a mistake made during a routine registration update?

No, if the employee acted in good faith and intended to follow the rules, no suit or legal proceeding can be brought against them.

3. Does this protection cover committees other than the Executive Committee?

Yes, the protection explicitly covers the Central Government, the Council, any member, the Executive Committee, "any other committee," and all officers and employees of the Council.

Test yourself

1.Under Section 41 of The Architects Act, 1972, what is the key condition required for actions to be protected from legal proceedings?

2.Under Section 41 of The Architects Act, 1972, which of the following entities is NOT listed as protected from lawsuits and legal proceedings?

3.Under Section 41 of The Architects Act, 1972, what types of legal actions are blocked if the action was done in good faith?

4.Under Section 41 of The Architects Act, 1972, does the protection extend to actions done under regulations made by the Council?

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