Section Text
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(1) All complaints against architects shall be investigated and all enquiries relating to misconduct of architects shall be held by a special Committee consisting of the President, ex officio, one member to be nominated by the Central Government from amongst the architects nominated to the Council by that Government and one member to be elected by the Council from amongst the members and such special Committee shall be known as the Disciplinary Committee of the Council.
(2) Each complaint shall be made to the Council in Form No. XIV.
(3) Each complaint shall contain the following particulars, namely:-
(a) the acts and omissions which, if approved, would render the architect complained against guilty of any professional or other misconduct.
(b) the oral or documentary evidence relied upon in support of the allegations made in the complaint.
(4) The Secretary shall return the complaint which is not in the proper form or which does not contain the aforesaid particulars for representation after the compliance with such objections and within such time as the Secretary may satisfy.
(5) Within sixty days ordinarily of the receipt of complaint, the Secretary shall-
(a) if the complaint is against an individual architect, send a copy thereof to such architect at his address as entered in the Administrative Register.
(b) if the complaint is against a firm, send a copy of the complaint to the firm concerned at the address of the head office of the firm with a notice calling upon the firm to disclose the name of the architect concerned and to send a copy of the complaint to such architect.
(6) An architect against whom a complaint is made, may, within fourteen days of the receipt of a copy of the complaint, under sub-rule (5) or within such further time as the Secretary may allot, forward to him a written statement in his defence verified in the same manner as a pleading in a Civil Court.
(7) If on perusal of a complaint, and the written statement if any, of the architect concerned and other relevant documents and papers, the Council is of the opinion that there is a prima fade case against such architect, the Council shall cause an enquiry to be made in the matter by the Disciplinary Committee. If the Council is of the opinion that there is no prima fade case against such architect, the complaint shall be dismissed and the complainant and the architect concerned shall be informed accordingly:
Provided that he Council may before dismissing the complaint, call for an additional particulars or documents connected with the case, either from the complainant or from the respondent, or from both, if in its opinion it is necessary to do so.
(8) Every notice issued by the Secretary or the Disciplinary Committee under this rule shall be sent to the architect or the firm concerned by registered post with acknowledgement due and if the notice is returned with an endorsement indicating that the addressee cannot be found at the address given, the Secretary shall ask the complainant to supply to him the correct address of the architect or firm concerred and send a fresh notice to the architect or firm at the addresses so supplied.