Pakistan Council of Architects and Town Planners Ordinance, 1983
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THE PAKISTAN COUNCIL OF ARCHITECTS AND TOWN PLANNER ORDINANCE, 1983
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 promulg ate the following ordinance:—
Section 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.
Section 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 c orporation, autonomous or semi autonomous body, cantonment board, municipality improvement trust or other local authority;
(c) “byelaw” 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
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 feasibil ity 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 ce rtificates 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 plann ing 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
Section 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. 07031993).
(5) Notwithstanding anything contained in subsection (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 ViceChairmen, 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.
Section 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 subsection (1), for a period of 2[two years] from the commencement o f this Ordinance, the Chairman and Vice Chairmen shall be the persons nominated by the Federal Government under clauses (i) and (ii) of subsection (5) of section 3.
(3) The Chairman and Vice Chairmen shall, subject to subsection (2), hold office for a t erm 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.
Section 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”.
(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.
Section 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 o f 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 subsection (1), no business other than the business stated in the requisition referred to in that clause shall be transacted.
Section 7. General provisions relating to meetings of the Council
(1) An an nual or extraordinary general meeting of the Council shall be held and conducted in accordance with the byelaws.
(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 subsection (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.
Section 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;
(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.
Section 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.
(3) Notwithstanding anything contained in subsection (2), for a period of 1[two years] from the commencement of this Ordinance, the Executive Committee shall be compos ed of the persons nominated by the Federal Government under subsection (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 subsection (2) shall be held so as to conclude not less than fifteen days before the term of the outgoing members is due to expire.
Section 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.
Section 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 S econd Schedule so as to include such qualification therein.
Section 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, in stitute 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 byelaws.
1 Subs. by the Pakistan Council of Architects and Town Planners (Amdt.) Ordinance, 1984 (41 of 1984), s. 4, for “one year”.
Section 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.
Section 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 subsection (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.
Section 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 qual ification 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 Gaz ette, 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 qualificati on 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.]
Section 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 fullstop.
2 Proviso added ibid.
(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 p ublic sector agency before the date appointed under subsection (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 subsection (3) shall, subject to the provisions of this Ordinance, remain in force until the thirtyfirst day of December of the year in which it is issued and shall thereafter be renewable annually upon payment of the prescribed fee.
Section 17. Registration
(1) Every application for registration shall be considered by an Enrolment Committee consisting of the Chairman and ViceChairmen 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.
Section 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 subsection (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.
Section 19. Revision of register
(1) the registrar shall remove form the register the name o f any architect or town planner—
(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 subsection (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.
Section 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.
Section 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.
Section 22. Procedure in inquiries, etc
(1) In inquiries relating to the profe ssional 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 rec ommendations 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
(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 com plainant 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.
Section 23. Review
(1) The Executive Committee may, within thirty days of its order under subsection (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. .
Section 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.
(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.
Section 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 a ccount 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).
Section 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 byelaws 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;
(e) the procedure for maintenance and publication of the Register, the fees to be charged under this Ordinance and establ ishment of suboffices 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 byelaws 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 subsection (3) may be amended, modified or repealed by the Council.
Section 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.
Section 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”.
(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.
Section 29. Infringement of Code of Professional Conduct
Any infringement of the Code of Professional Conduct framed under subsection (3) of section 26 shall make a registered person liable to have his name removed from the Register.
Section 30. Certain provisions to apply to unregistered architects and town planners
The provisions of sections 19, 20, 21, 22, 23 and 24, subsection (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.
Section 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.
Section 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 bee n, 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 rec ommend 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 byelaws 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).
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 Lahore. Bachelor of Architecture.
2. Dawood College of Engineering and Technology Karachi. Bachelor of Architecture.
3. National College of Arts Lahore .. (1) National Diploma in Architecture (FiveYear Diploma).
(2) 3 Year Diploma in Architecture (Discontinued in 1960).
4. Government School of Architecture Karachi. 4Year Diploma in Architecture (Discontinued in 1974).
PART II-TOWN
PLANNING University of Engineering and Technology, Lahore.
(1) Master of Science in Town Planning.
(2) Bachelor of Science in Town Planning.
(3) Bachelor of Science in City and Regional Planning.
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, Bangladesh. Bachelor of 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.
12. Oxford School of Architecture, College of Technology, Oxford, U.K. Diploma in 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, U.S.A. Bachelor of 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, Massachusetts, U. S. A. Bachelor of Architecture.
26. University of Michigan, Ann Arbor, Michigan, U. S. A. Bachelor of Architecture.
27. University of Nebraska, Lincoln, College of Architecture, Nebraska, U. S. A. Bachelor of Science in 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.
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,
India. Diploma in Architecture (Diploma Awarded up to 31st December, 1980).
PART II. – TOWN PLANNING
1. Graduate School of Ekistics. Athens, Technological Institute, Athens, Greece. Master of Science in Eiskistics.
2. Asian Institute of Technology, Bangkok, Thailand. Master in Human Settlements Planning.
3. Michigan State University, East Lansing, Michigan, U.S.A. Master in Urban Planning.
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, Technological Institute Athens, Greece. Diploma in Ekistics (Discontinued in 1962).
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. Postgraduate Diploma in Town Planning.
13. College of Technology, Oxford, U.K. Diploma in Urban Planning.
14. University of New Castle Upon Tyne, Liverpool, U.K. Postgraduate Diploma in Town Planning.
Print contents from the source
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 2 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
Compare the original stored transcription
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Page 1 of 20
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 2 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 3 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 promulg ate
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 c orporation,
autonomous or semi autonomous body, cantonment board, municipality
improvement trust or other local authority;
(c) “byelaw” 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 4 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 feasibil ity 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 ce rtificates 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 plann ing 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. 07031993).
Page 5 of 20
(5) Notwithstanding anything contained in subsection (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 ViceChairmen, 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 subsection (1), for a period of 2[two years] from
the commencement o f this Ordinance, the Chairman and Vice Chairmen shall be the persons
nominated by the Federal Government under clauses (i) and (ii) of subsection (5) of section 3.
(3) The Chairman and Vice Chairmen shall, subject to subsection (2), hold office for a t erm
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 6 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 o f 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 subsection (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 an nual or extraordinary
general meeting of the Council shall be held and conducted in accordance with the byelaws.
(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 subsection (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 7 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 8 of 20
(3) Notwithstanding anything contained in subsection (2), for a period of 1[two years] from
the commencement of this Ordinance, the Executive Committee shall be compos ed of the persons
nominated by the Federal Government under subsection (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 subsection (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 S econd 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, in stitute 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 byelaws.
1 Subs. by the Pakistan Council of Architects and Town Planners (Amdt.) Ordinance, 1984 (41 of 1984), s. 4, for “one year”.
Page 9 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 subsection (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 qual ification 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 Gaz ette, 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 qualificati on
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 fullstop.
2 Proviso added ibid.
Page 10 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 p ublic sector agency before the date appointed under
subsection (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 subsection (3) shall, subject to the provisions of this Ordinance,
remain in force until the thirtyfirst 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 ViceChairmen 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 subsection (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 o f any
architect or town planner—
Page 11 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 subsection (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 profe ssional 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 rec ommendations 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 12 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 com plainant 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
subsection (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 13 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 a ccount 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 byelaws
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 14 of 20
(e) the procedure for maintenance and publication of the Register, the fees to be
charged under this Ordinance and establ ishment of suboffices 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 byelaws 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 subsection (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 15 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 subsection (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, subsection (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 bee n, 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 rec ommend
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 byelaws 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 16 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
Lahore.
Bachelor of Architecture.
2. Dawood College of Engineering and
Technology Karachi.
Bachelor of Architecture.
3. National College of Arts Lahore .. (1) National Diploma in Architecture
(FiveYear Diploma).
(2) 3 Year Diploma in Architecture
(Discontinued in 1960).
4. Government School of Architecture Karachi. 4Year Diploma in Architecture
(Discontinued in 1974).
PART II-TOWN
PLANNING
University of Engineering and Technology,
Lahore.
(1) Master of Science in Town Planning.
(2) Bachelor of Science in Town Planning.
(3) Bachelor of Science in City and
Regional Planning.
Page 17 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,
Bangladesh.
Bachelor of
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 18 of 20
12. Oxford School of Architecture, College of Technology, Oxford,
U.K.
Diploma in
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,
U.S.A.
Bachelor of
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,
Massachusetts, U. S. A.
Bachelor of
Architecture.
26. University of Michigan, Ann Arbor, Michigan, U. S. A. Bachelor of
Architecture.
27. University of Nebraska, Lincoln, College of Architecture,
Nebraska, U. S. A.
Bachelor of Science in
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 19 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,
India.
Diploma in
Architecture (Diploma
Awarded up to 31st
December, 1980).
Page 20 of 20
PART II. – TOWN PLANNING
1. Graduate School of Ekistics. Athens,
Technological Institute, Athens, Greece.
Master of Science in Eiskistics.
2. Asian Institute of Technology, Bangkok,
Thailand.
Master in Human Settlements Planning.
3. Michigan State University, East Lansing,
Michigan, U.S.A.
Master in Urban Planning.
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,
Technological Institute Athens, Greece.
Diploma in Ekistics (Discontinued in 1962).
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. Postgraduate Diploma in Town Planning.
13. College of Technology, Oxford, U.K. Diploma in Urban Planning.
14. University of New Castle Upon
Tyne, Liverpool, U.K.
Postgraduate Diploma in Town Planning.This law in the library
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Section 3
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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
Section 16
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orks and issue of ce rtificates 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 plann ing qualifications specified in the First Schedule or the Second Schedule and is registered as a town plann
Section 3
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mencement o f this Ordinance, the Chairman and Vice Chairmen shall be the persons nominated by the Federal Government under clauses (i) and (ii) of subsection (5) of section 3. (3) The Chairman and Vice Chairmen shall, subject to subsection (2), hold office for a t erm of two years. (4) No person shall be qualified to be elected as, or to be, Chairman or Vice Chairman for more than two conse
Section 3
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eeting of the Council, the presence of not less than fifty members shall be necessary: Provided that, in respect of the Council constituted under subsection (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 memb
Section 3
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ears] from the commencement of this Ordinance, the Executive Committee shall be compos ed of the persons nominated by the Federal Government under subsection (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
Section 28
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qualifications who were licensed as architects or, as the case may be, town planners by any p ublic sector agency before the date appointed under subsection (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
Section 17
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e 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 subsection (1),
Section 22
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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 subsection (1) if such architec
Section 22
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punishment shall be entered against his name in the Register. 23. Review.—(1) The Executive Committee may, within thirty days of its order under subsection (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 gi
Section 480
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eding 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 jurisdict
Section 22
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ches 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 byelaws within 1[two years] of its assuming office and shall also frame a Code of Professional Conduct for architects
Section 26
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hable under this Ordinance. 29. Infringement of Code of Professional Conduct. Any infringement of the Code of Professional Conduct framed under subsection (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, subsec
Section 26
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he Register. 30. Certain provisions to apply to unregistered architects and town planners . The provisions of sections 19, 20, 21, 22, 23 and 24, subsection (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 recomme
Section 28
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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 provisio
Provisions explicitly cited in other instruments 1
Section 132 of Evidence Act, 1872
Cited by Pakistan Council of Architects and Town Planners Ordinance, 1983
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rocess 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 fun
Other laws referring to provisions of this instrument 1
Section 2 of Pakistan Council of Architects and Town Planners Ordinance, 1983
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tified by the Government as the Appellate Tribunal under section 66 of the Act; (12) “Architect” means and includes an architect or a town planner as defined in section 2 of the Pakistan Council of Architects and Town Planners Ordinance, 1983 (Ordinance No. IX of 1983), and also includes an association of persons or a commercial concern engaged in an y manner, whether directly or indirectly, in the field of architecture or town planning; (13) “Arrears” in rel
Target heading · Pakistan Council of Architects and Town Planners Ordinance, 1983
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 tow
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