Section 22: Procedure in inquiries, etc

22. Procedure in inquiries, etc.—(1) In inquiries relating to the professional 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 recommendations 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 ; o r’ (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 a mount 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.

Effective date: 1983-01-01

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