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2020 (3) TMI 1447 - SC - Indian LawsInterpretation of statute - use of the title "Architect" under Section 37 of the Architects Act 1972 - Section 37 of the Architects Act 1972 merely prohibits the use of the title "Architect" by individuals not registered with the Council of Architecture "Council" under Chapter 3 of the enactment or prohibits unregistered individuals from carrying out the practice of architecture and its cognate activities. Does Section 37 of the Architects Act prohibit individuals not registered as architects under the Architects Act from practicing the activities undertaken by architects, including the design, supervision and construction of buildings? - HELD THAT:- On a plain reading of section 37, the legal prohibition created is on the use of the "title and style of architect". Title and style are distinct from practice. While a prohibition on the use of a title merely restricts an individual from attaching the said title to their name in referring to or representing themselves to others, a prohibition on practice creates a bar on the actual undertaking of specific actions. The most compelling evidence that the two concepts are materially distinct is the varied usage of the two phrases by the legislature. It is well settled that the first and best method of determining the intention of the legislature is the very words chosen by the legislature to have the force of law. In other words, the intention of the legislature is best evidenced by the text of the statute itself. However, where a plain reading of the text of the statute leads to an absurd or unreasonable meaning, the text of the statute must be construed in light of the object and purpose with which the legislature enacted the statute as a whole. Where it is contended that a particular interpretation would lead to defeating the very object of a legislation, such an interpretative outcome would clearly be absurd or unreasonable. To determine whether the interpretation arrived at on a plain reading of the provision truly defeats the object of the statute as a whole, we may briefly delve into the legislative history of the Architects Act. To answer the question whether reading Section 37 as a prohibition merely on the use of the title and style of "Architect" by unregistered individuals would in truth defeat the object and purpose of the Architects Act this Court may examine the reasons behind the enactment as a whole. It is evident that the legislature did not intend to create a prohibition on the practice of architecture and associated activities by unregistered individuals. As opposed to the case of physicians or surgeons under the Indian Medical Council Act or advocates under the Advocates Act, the legislature consciously chose to employ a less stringent measure in the case of architects, merely prohibiting unregistered individuals from using the "title and style" of architect. It is not for this Court to delve into why the legislature made this choice. However, during the course of these proceedings a cogent and pragmatic reason for this choice has been placed before this Court, by the learned Attorney General of India and by way of the erudite opinion of Chief Justice Raveendran in the decision in Mukesh Kumar Manhar to which we may briefly advert. Architecture undoubtedly constitutes a highly specialised profession requiring the possession of minimum educational qualifications. However, architects are by and large engaged by means of a contract for services. In other words, architects provide a set of specialised services towards the larger goal of construction. Architects are not embarking on construction independently of other actors. By virtue of the Architects Act, anybody engaging the services of an individual calling themselves an "Architect" is assured that such an individual possesses statutorily recognised educational qualifications and is competent to complete the task at hand. It is in this manner that the legislature protects the common person from untrained individuals. The decision of the High Court of Allahabad affirmed and it is held that Section 37 of the Architects Act does not prohibit individuals not registered under the Architects Act from undertaking the practice of architecture and its cognate activities. Whether a post titled "Architect", "Associate architect" or any other similar title using the term or style of "Architect" can be held by a person not registered as an architect under the Architects Act? - HELD THAT:- Section 37 does not prohibit the practice of architecture by unregistered individuals, it certainly does prohibit unregistered individuals from using the "title and style" of architect. Under the scheme of the Architects Act, only individuals possessing the statutorily recognised minimum educational qualifications can apply for registration as an "Architect" under the Act. Registration as an architect under the statute is thus a guarantee of possessing certain minimum educational qualifications. Section 37 prohibits unregistered individuals from designating themselves or referring to themselves as "architects". The consequence of this regulatory regime is that when an individual is called an "Architect" a reasonable person would assume that they are a registered architect under the Architects Act and as a consequence possess the requisite educational qualifications and specialised knowledge associated with architects. If an individual is appointed to a post titled "Associate Architect", "Architect" or "Senior Architect", they undoubtedly refer to themselves and are referred to by others as "Architects". Holding a post using the term "Architect" has the real-world consequence of being referred to as an architect. This is not a matter of mere nomenclature - If a government post is titled "Architect" or "Associate Architect", such a person certainly uses the title and style of "architect" and consequently there is a reasonable assumption that such a person is registered under the Architects Act and holds a degree in architecture recognised by the Act. This assumption finds statutory backing in Section 35 of the Architects Act which provides that any reference to an architect in any other law shall be deemed to mean an architect registered under the Architects Act. To promote an individual who does not possess a degree in architecture recognised by the Act to a post titled "Architect", "Associate Architect" or of a similar style using the title or style of "architect" would effectively violate the prohibition on the use of title contained in Section 37 of the Architects Act. The distinction made by the Allahabad High Court, that the Promotion Policy 2005 was passed under a state legislation, namely the U.P. Industrial Area Development Act, and thus did not need to comport with the terms of the Architects Act as a central legislation is incorrect. Section 37 of the Architects Act does not prohibit individuals not registered under the Architects Act from undertaking the practice of architecture and its cognate activities - the decision of High Court of Allahabad disapproved and it is held that NOIDA cannot promote or recruit individuals who do not hold a degree in architecture recognised by the Architects Act to a post that uses the title or style of "architect". However, the authority is free to change the nomenclature of the post to any alternative as long as it does not violate the provisions of the Architects Act by using the style and title of "architect" in its name. Appeal allowed in part.
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