Section 6 of The Architects Act, 1972
Terms of office and casual vacancies.
- (1)Subject to the provisions of this section, an elected or nominated member shall hold office for a term of three years from the date of his election or nomination or until his successor has been duly elected or nominated, whichever is later.
- (2)An elected or nominated member may, at any time, resign his membership by writing under his hand addressed to the President, or in his absence, to the Vice-President, and the seat of such member shall thereupon become vacant.
- (3)A member shall be deemed to have vacated his seat--
- (i)if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive ordinary meetings of the Council; or
- (ii)if he ceases to be a member of the body referred to in clause (a), clause (g) or clause (h) of sub-section (3) of section 3 by which he was elected or nominated, as the case may be; or
- (iii)in the case where he has been elected under clause (c) of sub-section (3) of section 3, if he ceases to hold his appointment as the head of an institution referred to in the said clause.
- (4)A casual vacancy in the Council shall be filled by fresh election or nomination, as the case may be, and the person so elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.
- (5)Members of the Council shall be eligible for re-election or re-nomination, but not exceeding three consecutive terms.
Summary
- Elected and nominated Council members hold office for a term of three years, or until their successors are elected or nominated, whichever is later.
- A member can resign at any time by sending a handwritten letter to the President, or to the Vice-President if the President is absent.
- A member is deemed to have vacated their seat if they miss three consecutive ordinary meetings of the Council without a sufficient excuse.
- A member also vacates their seat if they stop being a member of the specific body that elected or nominated them under Section 3, such as the Indian Institute of Architects, the Institution of Engineers, or the Institution of Surveyors.
- For heads of architectural institutions, they lose their seat on the Council if they stop holding their appointment as head of that institution.
- Casual vacancies are filled through a fresh election or nomination, but the new person only serves out the remaining term of the member they replaced.
- Members can be re-elected or re-nominated, but they cannot serve for more than three consecutive terms.
Practical examples
FAQ
1. What is the standard term of office for a member of the Council?
A member holds office for a term of three years, or until their successor is elected or nominated, whichever is later.
2. What happens if a member misses several Council meetings?
If a member is absent without an excuse that the Council finds sufficient from three consecutive ordinary meetings, they are deemed to have vacated their seat.
3. How are temporary or casual vacancies filled, and for how long does the new member serve?
They are filled by fresh election or nomination, and the new member only serves for the remainder of the original term of the member who left.
4. Can a member serve on the Council indefinitely if they keep winning elections?
No, members are eligible for re-election or re-nomination, but they are strictly capped at a maximum of three consecutive terms.
Test yourself
1.Under Section 6 of The Architects Act, 1972, what is the maximum number of consecutive terms a member can serve on the Council?
2.Under Section 6 of The Architects Act, 1972, in which of the following scenarios is a member deemed to have vacated their seat on the Council?
3.Under Section 6 of The Architects Act, 1972, if a member who was elected by the Indian Institute of Architects under Section 3(3)(a) ceases to be a member of that Institute, what is the legal consequence for their Council seat?
4.Under Section 6 of The Architects Act, 1972, what happens to a member of the Council who was elected as a head of an architectural institution under Section 3(3)(c) if they resign from their post as head of that institution?