MISCELLANEOUSCentral

Section 43 of The Architects Act, 1972

(1)If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this Act.
(2)Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament and the provisions of sub-section (3) of section 44 shall apply in respect of such order as it applies in respect of a rule made under this Act.

Summary

If any problem arises in putting the provisions of this Act into effect, the Central Government can step in.
The Central Government can make provisions to clear up these problems by issuing an order published in the Official Gazette.
Any order made to remove a difficulty must not contradict or be inconsistent with the existing provisions of this Act.
There is a strict time limit on this power, as no such order can be made after two years from when this Act starts.
Every order made under this section must be laid before both Houses of Parliament as soon as possible after it is made.
The rules for laying these orders before Parliament, including potential modification or annulment by the Houses, are the same as those that apply to rules made under Section 44.

Practical examples

1In October 1973, shortly after The Architects Act, 1972 came into force, the Central Government realized there was a procedural gap in coordinating the initial setup of the register of architects. The Ministry of Education published an order in the Official Gazette to clarify this administrative step to help local authorities register their first batch of architects, including a practitioner named Rajesh Kumar.

2In early 1974, a minor administrative clash arose regarding how some regional offices should submit physical application papers before the first Council of Architecture was fully operational. Since the two-year period from the Act's commencement had not expired, the Central Government issued a difficulty-removal order to allow temporary local collection centers, resolving the issue for applicants like Priya Sharma.

FAQ

1. Who has the authority to make an order to remove difficulties under Section 43?

Only the Central Government has the authority to make and publish these orders in the Official Gazette.

2. What is the time limit for the Central Government to issue a difficulty-removal order?

The Central Government cannot make any such order after two years have passed from the date the Act commenced.

3. Does Parliament have any say over these difficulty-removal orders?

Yes. Every order must be laid before each House of Parliament as soon as possible after it is made, and is subject to the same oversight and potential changes as a rule made under Section 44.

Test yourself

Q1.Under Section 43 of The Architects Act, 1972, what is the maximum duration from the commencement of the Act during which the Central Government can issue an order to remove difficulties?

Q2.Under Section 43 of The Architects Act, 1972, any order issued by the Central Government to remove a difficulty must meet which of the following criteria?

Q3.Under Section 43 of The Architects Act, 1972, what parliamentary procedure must be followed after a difficulty-removal order is made?

Q4.How does a difficulty-removal order under Section 43 of The Architects Act, 1972 relate to Section 44 of the Act?

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