Professional Practice: Assignment - 1
Professional Practice: Assignment - 1
Professional Practice: Assignment - 1
PRACTICE
ASSIGNMENT - 1
Ans. Architectural professionals from India are given due consideration across the world.
The Indian Architects are considered as aces among the international recruiters since
their specialization ranges from subjects like urban designing, regional planning, building
engineering and management architectural conservation, industrial design, landscape
architecture, naval architecture to architecture concerning traffic and transport planning
etc.
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Q2. Throw light on “ Architectural Profession is a nobel creative profession in India and
not a trade or business”.
Ans. The word “Architect” is derived from the Greek word “arch” meaning “chief” & the
word “tekton” meaning “carpenter” or “builder”, & hence architect is rightly called the
Master Builder.
He is an artist to a major extent as his works require taste, skill, technical learning &
ability of high & rare kind along with business acumen.
The architect is a part & parcel & active member of the family professional brotherhood
in general & does not belong to trade or business circle.
The profession of an architect is a meeting point of art and business without which the
creative ideas of an architect will remain on papers as commercial enterprises & financial
expenditures open the doors to the creative instincts of an architect.
Business includes any trade manufacturing & profit of which are chargeable to income
tax.
The element of profit is present in all,yet the profession of architect distiguishes from
trade or business on account of various characteristics and specially the profit element.
This profit is not the primary purpose in Architect profession. Profit is secondary &
incidental ones.
The primary purpose of Architects is the noble aesthetic creation, it is for the future
generations & for further development of every era which is related to it.
If the definition of “Architecture” and “Architect” be analysed, it will be clear that
profession of Architect differs widely from trade or business.
Architecture is defined as the art or science of design, construction, style, appearance of
any structure with aesthetic character.
Architect is one who possesses with due to regard to aesthetics as well as practical
consideration. Adequate skill and knowledge to enable him (i) to originate (ii) to design &
plan (iii) to supervise the erection of buildings.
Business means sale or resale. An Architect does not manufacture any commodity or
purchase any commodity for the purpose of sale or resale.
An architect means nothing to sale except for his creation of services. Every time in the
Architectural field, it requires better & better. Every creation or design can create a
landmark & a thing that will inspire to do the best sort of work.
In business we only do for our survival but in Architecture every work is for others. It
includes many factors like comfort, safety, aesthetics etc. so to achieve all the basics a lot
of work is required.
Thus function wise profession is not a trade or business.
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Architect (Principal Self/Partner/Service Assistant)
Assistant Architect
Architectural Assistant
Surveyor
Manager
Account Clerk
Steno – typist
Peon usually
Secretary in big firm
Clerk of work (to execute the work according to the design)
The objectives of an Architect’s Office are as following :
Q4. What are the professional code of conduct and fees or scale of charges?
Ans. The Architect is a person who creates speaking monuments out of nothing. He has
not to be an artist alone but also an administrator and something of a lawyer. Besides
owing duties to his clients, fellow brothers and employees, he owes a duty to the society.
In this complexity of duties, certain rules of behaviour are absolutely essential which are
known as “Professional Code of Conduct”. It is the code of conduct or rules of behaviour
in profession which will generate not only self confidence in the architect but inculcate
in him self-discipline and make him a well respected and efficient architect.
Architect and Society
He must ensure that his professional activities do not conflict with his general
responsibility.
He shall apply his skill to the creative, responsible and economic development of
our country.
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He has to promote the advancement of architecture, standards of architectural
education, research, training and practices.
He must conduct himself in a manner which is not insulting to his professional
character.
While practising in the other countries he must follow the code of conduct of that
place.
Architect and Client
The client is the life line of the Architect who keeps his professional wheel in motion. An
architect must offer his services of a high standard to the best of his ability.
If in private practice, to make know client about the conditions of engagement and
scale of charges.
He should not give the work to another architect without the prior consent of the
client.
He is prohibited to give discounts, commission or other gifts, inducement to get
work.
He must maintain a high standard of integrity.
Though the Professional Conduct Regulations prohibit architect to advertise his
professional services, there are certain exceptions which are as following:
A notice of change of address may be published on three occasions &
correspondents may be informed by the post.
An architect, may exhibit his name outside his office, & on a building either under
construction or completed for which he is or was an architect, provided the
lettering does not exceed 10 cm. in height.
Advertisements including the name & address of an architect may be published in
connection with the calling of tenders, staff requirements and similar matters.
May allow his name to be associated with illustrations & descriptions of his work in
the press or other public media but he shall not give or accept any consideration
for such appearance.
May allow his name to appear in the advertisements inserted in the press by
suppliers or manufacturers of materials, used in a building he has designed,
provided his name is included in an unostentatious manner & he does not accept
any consideration for its use.
May allow his name to appear in brochure prepared by client for the purpose of
advertising or promoting projects for which he has been commissioned.
May produce or publish brochures, pamphlets describing his experience &
capabilities for distribution to these potential clients whom he can identify by
name and position.
May allow his name to appear in the classified columns of the trade/professional
directory /telephone directory.
Architect and His Brother in Profession
An architect has to compete fairly with his fellow brothers. This does not
include reduction in fee or offering inducement to the client.had
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If an architect has been selected or employed for a job on which another
architect had previously been applied, he shall not attempt to obtain or to
offer to accept commissions for that job. Moreover he has to give notice to
the outgoing architect that he is undertaking that job.
There is a self-imposed code of conduct among the architects not to take
away the work of first architect till he gives his no objection certificate.
The retiring architect can have no objection for the substituted architect,
provided his professional dues are paid up. If he still refuses the substituted
architect can take over the work without inviting any misconduct, but he
should give the notice.
One exception only at preliminary stage is that the client may consult as
many architects as he wants provided he makes payment of each.
Architect and His Employees, Associates and Consultants
General
The code further puts a restriction on the architect to take another architect as a
partner if the latter stands disqualified for registration by the reason of the fact
that his name has been removed from the register under the architect’s act
1972.
On the other hand if an architect practices as a partner in a partnership firm or is
in charge and is responsible to a company registered under the company’s act
1956, for the conduct of business of such company, he shall ensure that such
partnership firm or the company as the case may be complies with the
architects.
Q5. What are the objectives of IIA? Describe the categories of membership of IIA.
Ans. Indian Institue of Architects (IIA)
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- The IIA was established in the year 1917 as Bombay Architectural Student
Association in Mumbai.
- It was converted into the IIA in the year 1929.
- It is a voluntary organisation registered under the Indian Society Act XXI of
1860 and the charitable trust act.
- It has membership of about thousands of members in all over India and other
countries like UK, USA, middle east and African countries.
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member. An associate member after 7years of independent practice or
10years service in a responsible position can apply for fellow membership.
4. Licenciate Member : Any person who is registered with COA constitutes
under the Architect Act of 1972 is eligible for to apply for Licenciate
Membership. A Licenciate Member has all the privilege of an associate
member except that he is not eligible to vote on matters relating to change
in IIA constitution and byelaws. After serving as Licentiate member for
7years, a member can apply for associate membership.
5. Student Member : A student enrolled in one of the architectural institution
can on application can become a Student member. A Student member can
attend conferences, seminar, lectures, etc. but cannot attend general body
meeting or participate in any election conduced by IIA. He can have access
to library of IIA. Sometimes IIA organize special lectures, training programme
and other co-curricular activity for Student members.
6. Retired Member : Any member of IIA after attaining the age of 55years and
on completely retiring from service or profession can apply for Retired
Membership. Such members exempted from payment of annual
membership subscription. They enjoy all the privileges enjoyed by
fullfledged members except that they are not eligible to seek election to any
IIA post or vote in such elections. A Retired member can resume the earlier
full membership on formly reapplying and payment of normal subscription.
A Retired member can use MIIA as suffix with their name.
Q6. Who are the key office bearers of IIA and how are they elected?
Ans.
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Q7. Describe various byelaws of IIA.
Ans. The following shall be the Bye-Lows of the Institute, until and unless such
times as the same shall be modified, altered or added in the manner hereafter
prescribed.
1. INTERPRETATION:
3. STUDENTS:
Students shall be persons studying architecture with a view to enter the
profession of Architecture, and shall be studying in an architectural Institution
approved by the Council.
4. SUBSCRIBERS:
A Subscriber shall be either a person who was a memberof the Bombay
Architectural Association at the time of adoption of the original Constitution of
the Institute, now amended or a person who in the opinion of the Council is
likely to render assistance is promoting the objects of the Institute.
5. CLASSES OF MEMBERS:
Fellow Members
Associates
Licenciates
Honourary Members
Retired Members
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Q8. Explain the liabilities of professional Architect as per conditions of engagement set
by IIA.
Ans. The question of Architect’s liability has assumed a great deal of importance and
concern owing to recent building collapses as a result of which Architects were arrested
and refused bail for a long period of time. Added to this is applicability of Consumer
Protection Act to Architects.
COA has defined Architect’s liability in clear terms :
Principles of Liabilities : Architects are liable to their clients in three ways;
Moral Liability
Professional Liability and Legal Liability due to negligence
Criminal Liability
Moral Liability :-
This type of liability is vague in nature.
It can be described as conflict of interest, failure to suggest alternatives, lack of
application of mind, etc.
Courts often refer to dereliction of duty on moral and ethical grounds where some
matters do not clearly fall under professional liability.
This liability is such that the client may entertain doubts about Architect’s
integrity.
Professional Liability :-
An Architect is professionally liable if his client suffers financial loss due to lack of
proper professional service.
This may include faulty design, delay in issuing drawings and instructions to
contractor, recommending untested materials , making commitments on behalf of
client without his express authority.
Rule no. 13 of Rules & Regulations framed under section 45 of Architect’s Act,
1972 states under the heading “Liability” as under :
1. An Architect shall be liable if he fails to exercise all reasonable skill, care and
diligence in the discharge of his duties, in particular compliance with local
building bye-laws.
2. The liability of Architect shall start with the commencement of the project
and continue for a period of two years after the completion of project.
3. An Architect shall not be liable for any damage resulting from any act of a
contractor or supplier which is not in accordance with the contract
documents or the instructions of the Architect.
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4. An Architect shall not be liable for any violation of legal provisions or rights
of third parties unless such provision or rights have been specifically brought
to the notice of the Architects in writing by the client.
Interpretation : Any question arising out of the Condition of Engagement and Scale of
Professional Charges may be referred by an Architect or a client to the
Council of Architecture for advice and the advice so given shall be final and
binding between the parties. In 2002 Council of Architecture by its
Document has further clarified Architect’s Professional Liability. A gist of
this document is as under:
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He cannot be penalized if his advice does not prove to be the best possible under
the prevailing conditions.
Since the client invests large amounts in building, he must have legal remedy when
the Architect is negligent.
If the client can prove negligency on the part of the Architect, the client can obtain
heavy damages from the Architect.
Criminal Liability :-
Chapter I: This chapter contains the short title of the Act- viz Architects Act.
1972 and definitions of words such as Architect, Council of Architecture, Indian
Institute of Architects, etc.
Chapter II: This chapter deals with Council of Architecture, its office bearers,
their election, meetings of the Council, formation of committees, officers and
staff of COA, its finances, recognition of architectural qualifications and of
architectural institutions.
Chapter III: This chapter deals with the procedure for registration of Architects,
preparation of Register, fees for initial registration, renewal, re-instatement,
removal from register, procedure for inquiries relating to misconduct etc.
Chapter IV: This chapter deals with matters such as penalty for claiming to be
registered, prohibition against the use of title "Architect", powers of Central
Government to make rules, power of Council to make regulations, etc.
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Q10. List various membership of COA. Explain their functions and duties.
Ans. The various membership of COA are :
COA is headed by its President
He is assisted by an Executive Committee and a Council consisting of 45 odd
members representing
- the Indian Institute of Architects - five Architects possessing recognized
qualifications elected by the Indian Institute ofArchitects from among its
members.
- Heads of Architectural Institutions in India - five persons elected from among
themselves from heads of Architectural Institutions in India imparting full-
time instruction for recognized qualifications.
- Chief Architects of all states and Union territories - an Architect from each
State nominated by the government of that state.
- Union Ministry of Education (which now forms a part of Union Ministry of
Human Resources Development) - the Chief Architect in the ministries of the
Central Government to which the Government business relating to defence &
railways has been allotted & head of the Architectural Organizations in the
Central Public Works Department, ex officio.
- Institution of Engineers - two persons nominated by the Institution of
Engineers (India) from among its members.
- Institution of Surveyors - one person nominated by the Institution of
Surveyors of India among its members.
- All India Council for Technical Education - two persons nominated by the All
India Council for Technical Education established by the resolution of the
government of India in the late Ministry of Education.
- The President & vice-President of the council shall be elected by the members
of the Council from among themselves; If on the first constitution of the
Council & until the president is elected, a member of the Council nominated
by the central Government in this behalf shall discharge the functions of the
President.
- An elected president or Vice-President of the Council shall hold office for a
term of 3 years or till he ceases to be a member of the Council, whichever is
earlier, but subject to his being a member of the Council, he shall be eligible
for re-election.
The council is assisted by a Registrar – who is a full time employee of the Council.
The Registrar is empowered to carry out certain functions prescribed by the
Architects Act.
1. Executive Committe
This committe is headed by the President.
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It has a Vice President and 5 members elected by the Council from among its
own members.
The tenure of this committee is of 3 years.
It is required to formulate the budget, carry out specific directives of the
Council, take action on reports of various committees and assist the President in
laying down the policy.
2. Disciplinary Committe
This committee consists of 3 members.
It is headed either by President or Vice-President who is assisted by 2 or more
members.
The tenure of this committee is of 3 years.
It is required to conduct hearings in all cases of unprofessional conduct
referred to it by Council and report its findings and recommendations to the
Council.
3. Appeals Committe
This committee consists of 2 or 3 members.
It is usually headed by the Vice-President.
It considers appeals made by aggrieved persons whose applications for
registration have been rejected by the Registrar.
4. All India Board of Studies in Architecture
This Board was created as a result of a Memorandum of Understanding with
All India Council for Technical Education (AICTE).
It consisted of about 15 members who were not necessarily members of the
Council.
Non-council members were selected on the basis of their professional
background and connection with architectural institutions.
This Board dealt with architectural education matters such as minimum
standards, syllabus, inspection of educational institutions imparting education
in Architecture etc.
Q11. Describe the procedure for electing president and vice-president of COA.
Ans. The procedure for electing president and vice-president of COA is as follows :
The President and Vice President of the Council shall be elected by the members of
the Council present at the time of election from amongst themselves.
The date, time and place of election shall be intimated, to each of the members of
the Council by the nominated President and Vice President of the Council.
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Any member present shall be entitled to propose the name of any other member
present for election as the President and Vice President and that proposal shall be
required to be seconded by a member other than the proposer or the one whose
name is proposed; provided that one member shall be entitled to propose or
second only one name.
Any candidate may withdraw his candidature before the actual election.
If the name of only one candidate is duly proposed and seconded, the Retiming
Officer shall forthwith declare in Form No.VII such candidate as duly elected.
If the number of candidates duly proposed and seconded exceeds one, an election
shall be held by secret ballot.
Before the commencement of the election, the Returning Officer shall invite the
members of the Council to inspect the ballot box, in case they like to do so, and he
shall then lock the box.
At the time of actual election, the members present in the meeting shall, one by
one, sign against their names in the list containing the names of all the members in
alphabetical order and placed alongside the ballot box.
After a member has signed his name in the said list, he shall be given a ballot
paper in Form No. VII which he shall drop into the ballot box after affixing there on
a cross (X) mark against the name of the candidate of his choice.
As soon as the members present and wishing to exercise the right to vote have
done so, the Returning Officer shall open the ballot box and take out from it the
entire ballot papers, examine them and reject as invalid such of them.
The Returning Officer shall then proceed to arrange the valid votes according to
the candidates in whose favors they have cast and count them separately for each.
After the counting is over, the Returning Officer shall make an announcement in
the meeting about the votes secured by each of the candidates and the Returning
Officer shall also declare in Form No. VIII the candidate securing the largest
number of valid votes as duly elected to be the President of the Council.
In the event of two or more candidates securing the same number of votes and
that number being more than the number of votes secured by any candidate other
than the two or more securing the same number of votes, the determination as
between such candidates shall be by draw of lots and the candidate on whom the
lot falls, shall be declared elected.
Q12. Describe the qualification for registration under the Act 1972.
Ans. The qualification for registration under the Act 1972 are as following :
1. Bachelor of architecture:
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Degree awarded by Indian universities established by an act of central or state
legislature by Indian institute of technology, Kharagpur.
2. Diploma in architecture:
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