IBAD-UR-REHMAN LODHI, J.---By means of this single order, I intend to dispose of this writ petition and W.P. No.15229/2017 as in both the matters the question of law and facts are the same.
2. The petitioners are registered as architects with Pakistan Council of Architects and Town Planners constituted under section 3 of the Pakistan Council of Architects and Town Planners Ordinance, 1983 (Ordinance No.IX of 1983) (hereinafter to be referred a Ordinance) and are aggrieved of the act on the part of Multan Development Authority which after making regulations known as "Multan Development Authority Registration of Architects Regulations 1978" has further proceeded to bifurcate the architects into different categories i.e. Category "A" to Category "F". Such different categories of architects are being assigned different nature of architectural work and thus the architects placed in lower categories are aggrieved of such indifferent treatment with them by the Multan Development Authority and termed the same as an act having no lawful authority.
The report and para wise comments from the Multan Development Authority were called for and after making the same part of the record, the learned Law Officer for the Federation was also directed to render assistance to the Court on the point raised in the petitions.
3. Learned counsel representing Multan Development Authority has submitted that the Authority which is creation of "Punjab Development of Cities Act, 1976 (Act No. XIX of 1976) (hereinafter to be referred as Act) is empowered not only to make regulations but also to establish, maintain and practically revise as necessary planning, controls and building regulations for the area under its administrative control. Learned counsel also referred the preamble of the Act in order to argue that the authority is legally empowered to make regulations as prescribed in "Multan Development Authority Registration of Architects Regulations, 1978" and as such in his view, the authority is further competent to bifurcate the architects in different categories.
4. To the contrary, learned counsel for the petitioner while making reference to the provisions of Ordinance, has submitted that it is the Council and no other agency which is competent to register the architects but even such Council is not competent under the law to further bifurcate the registered architects, into different classes or categories.
The Ordinance was promulgated on 7th March, 1983 in order to make provision for the regulation of the architectural and two planning professions. The term "architect " is defined in section 2(a) of the Ordinance which is reproduced as follows:-- "Architect" means a person who holds any of the architectural qualifications specified in the First Schedule or Second Schedule and is registered as an architect with the Council.
Section 2(j) of the Ordinance provides the definition of "professional architectural work" which means, the giving of professional advice and opinions, the making of measurement and layouts of buildings, the preparation of feasibility 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.
Section 8 of the Ordinance elaborates the functions of the Council which includes the maintenance of two Registers; one for the persons qualified to practice as architects and the other for the persons qualified to work as Town Planners, recognition of architectural and town planning qualifications for the purpose of architectural town planners and also to promote the architectural and town planner education and review of courses of studies in the referred fields.
In view of section 16(1)(a) of the Ordinance, the Council shall maintain in the prescribed manner two separate Registers in which shall be entered names and other particulars of the persons possessing recognized architectural qualifications or, as the case may be town planning qualifications, whose applications for registration as architects or town planner are from time to time granted by the Council.
In view of section 16(2) of the Ordinance; every application for registration under the Ordinance or for the inclusion of name in either of the Lists, shall be made to the Council in the prescribed form whereas section 16(3) of the Ordinance provides that every person whose name is entered in the 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.
5. The Development Authorities in different cities of Punjab came into being after promulgation of the Act. Preamble, which is always a key to every legislation provides the justification and reasons for creation of development authorities which includes to establish a comprehensive system of planning and development in order to improve the quality of life in the cities of the Punjab and to ensure optimum utilization of resources, economical and effective utilization of land and to evolve policies and programmes, relating to the improvement of the environment of housing, industrial development, traffic, transportation, health, education, water supply, sewerage, drainage, solid waste disposal and matters connected therewith and incidental thereto.
6. Although as argued by learned counsel for the respondent-MDA, the Authority is empowered to make regulations in view of section 44 of the Act, such power making provision restricted only to the extent of making regulations subject to the provisions of the Act and the rules framed thereunder which are considered necessary to carry out the purposes of the Act.
7. Section 7 of the Act provides the powers and functions of the Authority which in view of section 7(2)(v) are inter alia to establish, maintain and periodically revise as necessary, planning controls and building regulations of the area under its control.
8. The above resume of the two legislative steps viz: the Act' and the Ordinance clearly demonstrates that to register the architects is the exclusive domain of the Council created under the Ordinance and the Authority under the Act would not have any legal competence either on the subject of the registration of architects or their bifurcation into different categories.
9. The distribution of architects into different categories or classes is not provided in the Ordinance and even the Council is only competent to register the persons who are qualified in architectural skills as architects.
10. Multan Development Authority, even if is regulated by regulations namely "Multan Development Authority Registration of Architects Regulations, 1978" has in fact proceeded beyond the scope of the Act and thus, the regulations framed as noted hereinabove are having no legal backing. The same or any other regulations or rules framed by the Development Authorities in the Province of Punjab exercising powers under the Act are, thus, declared as having no lawful authority and the act by the Authority in bifurcating the architects into different categories is also declared to be without lawful authority. It is further declared that the persons registered with the Council as architects are to be considered as Architects without their being any further categorization in such skilled field of life:
11. Further in view of provisions of Article 143 of the Constitution of Islamic Republic of Pakistan, 1973, if any provision of an Act of Provincial Assembly is repugnant to any provision of an Act of Majlis-e- Shoora (Parliament) which Majlis-e-Shoora (Parliament) is competent to enact, then the Act of Majlis-e-Shoora (Parliament), whether passed before or after the Act of the Provincial Assembly, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void.
12. Thus, in view of the above, the Provincial Legislation in shape of an Act would not prevail over the Federal Legislation i.e. the Ordinance and the bifurcation of architects into different categories which is not permissible in the Federal Statute cannot be allowed to be undertaken by means of any Provincial Legislation.
13. The writ petitions are allowed as prayed for and in the line indicated hereinabove.