The School of Planning and Architecture Act, 2014

The School of Planning and Architecture Act, 2014 (Act no. 37 of 2014), was enacted for establishment and declaration of the certain Schools of Planning and Architecture, as of national importance for promoting education and research in Architectural studies and also to include the planning of human settlement. The Act received the assent of President of India on 18th December, 2014. The aforesaid schools which are declared under this Act as of National Importance, includes School of Planning and Architecture (Delhi), School of Planning and Architecture (Madhya Pradesh) and School of Planning and Architecture (Andhra Pradesh).

The Act makes provisions, as aforesaid, to declare the institutions i.e. Schools of Planning and Architecture as of national importance. This purpose of the Act is dealt with under section 3 thereof. Further, under Chapter II, section 4 of the Act provides for establishment of schools and also specifies that the schools so established and enumerated under Schedule annexed with the Act, should have all features as of the corporate bodies.

The Object of the School as are provided under section 5 of the Act, which include supporting the establishment and development of Schools of Planning and Architecture and providing leadership in the field of architecture, planning, etc. Further, the effect of such establishment or incorporation is given under section 6 of the Act, where it is provided that, the Contracts or other instruments, all properties, rights and liabilities of the existing Schools should be treated as similar and as that of corresponding school, after the incorporation. Also all persons employed under such existing school will also be treated as employees of such incorporated Schools under this Act, with all similar conditions of service.

Section 7 of the Act prescribes functions and powers of the Schools which are enlisted under the clauses of that section. Similarly, all such schools are required to be open for all persons irrespective of their castes, creed, race, gender, etc. And also such schools are required not to take any gifts, donations, etc. which are contrary to the object of this provision. The provision of section 11 of the Act says that the President of India should be the Visitor of every such School. The President of India can appoint authorities to review the progress of such School and can also hold inquiries into affairs of the said schools and make reports thereof. And on such reports the President of India is to take actions and direct the schools regarding any such matters.

Section 12 specifies the certain authorities including a Board of Governors, Senate and Other authorities as declared by Statutes. And subsequent provisions deals with constitution, terms of members of that authorities and also functions and powers of such Authorities. Other provisions of section 19 and 20 of the Act deals with appointment of Director of the School and of Registrar, respectively. The Director is to be appointed by the Central Government with the previous approval from the President of India. And the Registrar of such Schools to be appointed as secretary of the Board, Senate and other Committees as per Statutes and should act on such conditions as the Statute may provides in that behalf. Moreover, section 23 of the Act deals with grants, which the Central Government should pay in each financial year. Moreover, the Chapter under the Act dealing with audit and accounts provisions is Chapter IV, which essentially, includes the provisions as to constitution of the pension and provident funds by such Schools as per section 26 of the Act. Moreover, the section 27 of the Act deals with appointment of other staff of schools, which should be as per procedure established under the Statutes. Section 28 makes provisions as to Statutes and enlisted the matters for which such Statute to provide for. Section 30, similarly, makes provisions as to Ordinances and the matters enlisted under that section should be provided for, under such Ordinances. Section 32 is important so far as it is connected with reference of disputes between Schools and employees thereof, to the Arbitral Tribunal.

Further, section 33 deals with establishment of Council by the Central Government for the Schools. And also provides for constitution of such Council. Subsequent provisions deal with terms of services of Council’s members, its functions, etc.

by Faim Khalilkhan Pathan.