1.
Architect’s Act 1972
a. Clause 37 No person other than a registered
architect, or a firm of architects shall use the title and style of architect.
The Architects Act 1972 protects the title
‘Architect’. Design and supervision of construction is not the exclusive
responsibility of architects. Other professionals like engineers may engage
themselves in design and supervision of construction of buildings, provided
they do not style as ‘Architects’.
This clause in the bill passed in 1971,
which was later passed as the Architects Act, 1972, identifies architects as
professionals involved with the building design and construction process. It
also clearly segregates architects from other professionals like engineers,
builders etc., who are involved in the process of building construction.
However, this does not state that it is the sole responsibility of an architect
to design and supervise the construction process, nor is he/she has the only
authority to do the same. It safeguards other professions too which engage
themselves with the same field of work. The obvious reason for this would be
that an act cannot be passed in the parliament keeping in view the interest of
a set of people, or a profession in this case, but the general public.
This statement also talks about the
limitation of other professionals of not being able to ‘style as architects’.
This appears to be misleading as the question pops up, ‘What is actually the style of an architect?’
b. Clause 25: A body corporate in
the name of ‘Council of Architecture’ will be created under the act which would
maintain a register for enrolment. Enrolment initially of persons who have been
involved in the profession of architecture for a period not less than five
years, to the satisfaction of the Council of Architecture. Subsequent
registrations of persons who hold degree/diploma from universities recognised
by state/central government.
This clause authorises the establishment
of the ‘Council of Architecture’ as a body responsible for maintaining the
register in which a person has to be enrolled to be recognised as an
‘Architect’. Affectively, COA hence has the authority to distribute the title
‘Architect’. (As it is mentioned in the act that only persons whose names
appear in the register can carry the title ‘Architect’) This clause also
safeguards the interests of the people who were involved with the process of
building construction before the act came into being. This registration was
open till a certain time, so that the act does not end up being unfair to any
section of the public. This registration could be given even to people with no
formal or specific training in architecture, like engineers, builders,
contractors, etc., who, even without being qualified as architects, are
competent in building construction.
Later, it talks about the council giving
registration only to people with degrees or diplomas from universities
recognised by the state or central governments. This part of the clause now
deals with recognising qualified people who have received proper training in
architecture as architects. This implies that any person with an acceptable
degree (B.Arch.) or diploma will be registered as architects with COA and in
entitled to have his/her name entered in the register.
This gives rise to a conflict. Under the
Universities Act, 2009, any university has a power to confer honorary degrees
or other distinctions. Does the COA has the authority to override the
legislative powers of this act and not provide registration to people with
degrees sanctioned by universities?
2.
TENDERS
Tender
Documents Studied:
a.
Tender document For Construction Of
Police & Irrigation Office, Gomti River Front, Lucknow ( http://www.uprnn.co.in/tender/tender_docmnt_070516.pdf
)
b.
Construction of P.H.C., Sarai
Dhanethi in Pureshivbaksh Distt- Faizabad
c.
Construction of Tourist Complex,
Saifai, Etawah
A tender is to invite contractor bids for
the proposed project. It provides a fair chance for everyone to in the market
to bid and have a chance to claim the contract. Tender notices are open press
releases so as to ensure everyone interested gets an equal opportunity and
there is no disparity or bias. This is particularly the case with government
projects and tenders as these are public ventures.
A tender document is detailed document
which contains all the basic, legal and binding information required by the
contractor to pitch a bid. It is a well-structured document with all the
required information provided in a fixed order and schedule. All the tender
documents have a fixed occurrence of heads and subheads of information which
remain similar in all cases.
A tender document starts with providing
all basic information about the project in an open press notice. It includes
name of the project, estimated cost, time of completion, security deposit, cost
of the tender document, location of the project and address of the tender receiving
officer, along with client details. It is given in as an advertisement,
generally in newspapers. This advertisement may also contain information like
the type of bid such as percentage rate bid etc., along with other information which
the client feels necessary to share, like portals for future information and
meetings etc. There is also clear information provided about the defect
liability period, retention of money till the defect liability period, fines
for non-completion of work within specified time period, etc.. This is followed
by the eligibility criterion for the project. These qualification criterion are
strictly followed and they vary according to scale of the project. This is
basically placed to judge the competence of the contractor to finish the task
at hand. These are always a set of conditions out of which at least one needs
to be fulfilled by the contractor. Any misleading information will lead to
immediate disqualification of the contractor at any point of the bidding or
execution process.
The tender document further contains all the
legal information and a step by step description and guideline of the bidding
process. It is a detailed document for the contractor which guides him
completely through the tender filing and bidding process. There are multiple
forms of bid which the contractor needs to fill with the bid. These are majorly
the financial statements of the contractor, determining the financial
legitimacy of the contractor. This is then followed by bill of quantities or
specifications which would actually help the contractor to quote his/her bid.
However, there was no clause for bonus in
government tenders which could encourage the contractor to finish the work on
or before time.
It is also clearly mentioned that the
tender will be awarded to the lowest bidder. This can lead the contractors to
quote unrealistically low bids in the attempt to get the contract which would
eventually prove detrimental to the project. This can be avoided with discretion
of the client.
3.
ARCHITECTURAL COMPETITIONS
Architectural Competitions are the best
ways to get the most innovative design ideas for a project. This method always holds
a great prospect for new and budding architects to come under the spotlight. It
also allows multiple design explorations of the same brief to take centre stage
and gives the client, be it an individual, an organisation or the government,
the opportunity to choose the one which suits them the best. It helps the
profession to grow and allows the world to uncover new ideas and talents.
Competitions can be used for projects which
require:
·
Urban design and planning
·
New buildings
·
Redevelopment and refurbishment works
·
Engineering projects
·
Landscape schemes
·
Public realm and artwork projects
Competitions can also be run to find
innovative solutions to unusual or challenging situations; they can be used to
under-pin future developments. Design competitions may or may not have an eligibility
criterion. However, having one makes the judgement process easier and the hence
the competition efficient, along with timely declaration of results.
There are certain basic requirements for a
design competition.
·
A willing and reliable sponsor
·
A professional advisor
·
A competent jury
·
A detailed and carefully compiled brief
·
A realistic schedule
·
Lucrative prize
One
of the best examples of successful international architectural competitions in
India was the design competition for Indira Gandhi National Centre for Arts,
which was conducted in 1986. The design competition garnered great interest
across the world with 1000 entries flooding in, out of which 194 were
shortlisted and judged by a 7-man jury. The jury was composed of James Stirling
(UK), Fumihiko Maki (Japan), O. Majekudunmi (Nigeria), A.P. Kanvinde, B.V. Doshi,
Habib Rehman and Kapila Vatsyayan (India). Mr Geoffrey Bawa (Sri Lanka) was a
reserved member present at the deliberations. Mr. Ranjit Sabikhi was the
professional advisor who organised the competition. (Huet, n.d.) The coveted first
prize of Rs 10 lakhs went to Ralph Lerner, director of graduate studies at
Princeton University, New Jersey, USA who will also be awarded the Rs 60 crore
contract for the design and supervision of the centre. The second prize of Rs 5
lakh went to Gautam Bhatia of India, and the third, of Rs 3 lakh, was shared
equally between Francoise-Helene Jourda of Lyons, France, Alexandres Tombazis
of Athens, and David Jeremy of London. (Midha, 1986)
References
Huet, B., n.d. Indira
Gandhi National Centre for Arts. [Online]
Available at: http://archnet.org/system/publications/contents/2921/original/DPT0543.pdf?1395085935
[Accessed 8 6 2016].
Available at: http://archnet.org/system/publications/contents/2921/original/DPT0543.pdf?1395085935
[Accessed 8 6 2016].
Midha, T., 1986. IGNCA :
Designers' Dream. [Online]
Available at: http://indiatoday.intoday.in/story/ignga-lands-in-controversy-over-its-international-architectural-design-competition/1/349094.html
[Accessed 8 6 2016].
Available at: http://indiatoday.intoday.in/story/ignga-lands-in-controversy-over-its-international-architectural-design-competition/1/349094.html
[Accessed 8 6 2016].
4. ARCHITECTURAL PRACTICE 2040
The human race has
always been obsessed with trying to know the future. The concept of attempting
to discern what is going to happen later in time is almost as old as time
itself. This need transpires into every aspect of human life. This is
especially true when it comes to knowing the future of your profession in
today’s day and age.
Architecture is a vocation
which is under constant transformation and scrutiny. It is an ever changing
profession with new ideas, techniques, materials and requirements springing up
all over the globe, all the time. It’s a profession of the present as well as
the future in many respects. As architects, it’s more than natural for us to
try and track what our profession is going to be like in the coming future, and
in that pursuit of knowledge, try and direct it on a path we feel is most
fruitful for us and the society as a whole. Architects constantly keep an eye
towards the future when designing new buildings and infrastructure. With
projects that take years and years to complete, they often must imagine what
the world will look like decades from now.
The future of
architecture is, and has always been, governed and guided by its consumer
demand, need and aesthetic perception. Hence, it can be safely assumed that if
we can track the curve of needs and requirements of the society 25 years down
the line, we can actually, very accurately judge what architectural practice is
going to be like then.
Architectural
practice in India shows a progressive trend of growth, as many other
professions do, in terms of the general masses recognising its capabilities, qualities
and contributions. However, we are still far from understanding the importance
of architecture as a profession. A large portion of real estate development is still
undertaken without any proper consent of an architect. However, this is bound
to change as our nation grows, and awareness about architecture and design
grows with it. The general outlook towards architecture and design as a whole
will transform and the Indian society, like the rest of the world, will
recognise how design can contribute to the general quality and standard of even
in the smallest of ventures. Design is going to become a part of everyday life
of the general masses and cease to be viewed as subject only the elite could
afford.
Architecture is
not only a topic of local concern, but has major global implications. The most
persistent topic of global concern is sustainability and climate change.
Architectural practice, hence, is also certain to move towards a more
sustainable one, globally. Architecture holds the key to sustainable
development on various fronts. The construction industry is undoubtedly one of
the most influential fields of development when one considers the question of
sustainability. The need for sustainable development has been there in the open
and widely recognised for quite some time now, but its call has never been more
pressing as it is today, and it is inevitably going to grow. Architecture being
at the epicentre of all of this has to transform itself with this need and lead
with example, and it assuredly will. Architecture can lead the world to a more
environmentally and socially responsible future. As the general awareness and
concern for this grows, the practices which focus on sustainability are assured
to flourish. So, a successful architectural practice will have to be one which
has the concepts of sustainability and energy efficiency as its driving
influences.
It is needless to
stress on the point that the future is going to be more and more technology
centric. Architecture and architectural practice both will evolve to embrace
this radical phenomenon. Also, the role of specialists and professionals having
a detailed knowledge of specific tasks involved in the realisation of a project
is going to increase. Architectural practice is going to limit itself to the
designing process and bringing all these facets of the construction process together,
instead of being very intrinsically involved in every aspect of the building.
The architect would evolve into becoming a key link between all the individual
specialisations of the building process. The aspects like structures, HVAC,
electrical etc., will be looked after by individuals / firms specialising in
these and the architectural firm will take over the overall supervision of
these facets. These specific parts will cease to bog down the design process
and ideas of the architect. The competence of the involved experts will allow
for innovative design explorations as the architect would be confident that the
professionals will take his/her design forward and help in the realisation of
the building exactly as he/she imagined it. This is going to be a key
determinant in how the architectural practice is viewed in the future. It will
still be responsible for the building from its conception to its finish, but
the role of the architect will evolve. The architect will have more freedom of
design as the paraphernalia will be looked after by other professionals,
equally equipped and competent in their field of work.
COUNCIL OF
ARCHITECTURE and its guidelines for Architects
The Council of Architecture is “An
autonomous statutory body of government of India” (Anon., 2009) and was established
under the Architect’s Act, 1972. As mentioned in the Handbook of Professional
Documents, 2009, the COA has been charged with the responsibility of enforcing
the Act throughout the country, including registration of architects,
regulating the architectural profession and the architectural education at all
level.
The Council of Architecture also
provides ethical and professional code of conduct for an architectural
professional. It also specifies the responsibilities, conditions of engagement
and scale of charges, along with giving guidelines for all other facets of the
profession. These guidelines make the client fully aware of the duties and
services which he may expect from the architect.
COA guidelines for Professional and Ethical Conduct:
For the purpose of this piece the guidelines
have been articulated in a very concise manner. The specific guidelines can be
referred from the handbook itself (pg 81-82, Handbook of Professional
Documents, 2009)
·
An architect is a professional
advisor to the client and his/her advice must be totally dispassionate in all respects.
He/She must have unquestionable integrity.
·
An architect is charged with the
exercise of judicial functions as between client and contractor and must act
with absolute impartiality. (Iyenger, 2009)
·
Provide professional service of the
highest order, without conflicting with his/her general responsibilities
towards the society, nation and environment.
·
Provide proper information about the
conditions of engagements, scale of charges and other terms of agreement, which
is complete in every form.
·
Recognise and respect professional
contribution of employees, associates and consultants, along with providing
suitable working environment to employees and associates.
·
Conduct himself/herself in a manner which
is not derogatory to the profession or bring Architects into disrepute in the
society
·
Shall not accept any kind of
commissions or bribes in any form, which may lead to decrease in quality of
work or question the integrity of the architect and the profession as a whole.
·
Shall not have or take partner in
his/her firm who is not registered under the COA or has his named removed from
the register under section 29 or 30 of the Architects Act, 1972. (Iyenger, 2009)
·
Shall not advertise his professional
services nor shall he allow his name to be included in advertisement or to be
used for publicity purposes. (Iyenger, 2009)
UIA and its guidelines
for Architects
The International Union of
Architects (Union Internationale des Architectes or UIA) was founded in 1948 to
unite the architects of all countries in a federation of their national
organizations. The UIA
is recognized by the Economic and Social Council of the United Nations
(Geneva), United Nations Industrial Development Organization (Vienna),
International Labor Organization (Geneva), United Nations Educational,
Scientific and Cultural Organization (Paris), World Health Organization
(Geneva), and United Nations Center for Human Settlements (Nairobi). (AIA, n.d.)
UIA guidelines for
Architects
The
focus is maintained majorly on the ethical duties and responsibilities of an
architect and architectural practice as per UIA. Other guidelines are beyond
the scope of this article. For detailed guidelines, refer the UIA
Accord on Recommended International Standards of Professionalism in
Architectural Practice Policy on Ethics and Conduct. (Council, 2011)
·
Rules of ethics and conduct have as
their primary object the protection of the public, caring for the less powerful
and the general social welfare, as well as the advancement of the interests of
the profession of architecture.
·
Architects should be allowed to
practice in any form legally acceptable in the country in which the service is
offered, but always subject to prevailing ethical and conduct requirement
·
UIA member section should entitle an
architect to practice his/her profession without detriment to his/her authority
and responsibility, and to retain ownership of the intellectual property and
copyright of his/her work.
·
Architects should maintain high standards
of professionalism and service under all forms of building project delivery
systems. (Council, 2014)
References
AIA, n.d. International Union of Architects (UIA)
Professional Practice Commission. [Online]
Available at: http://www.aia.org/practicing/groups/international/uia/AIAP073960
[Accessed 3 June 2016].
Available at: http://www.aia.org/practicing/groups/international/uia/AIAP073960
[Accessed 3 June 2016].
Anon., 2009. The Architec's Act , 1972. In: Handbook of Professional
Documents. Delhi: Council of Architecture, p. 1.
Council, U., 2011. UIA Accord on Recommended International Standards
of Professionalism in Architectural Practice Policy on Ethics and Conduct.. [Online]
Available at: http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aiab090549.pdf
[Accessed 3 June 2016].
Available at: http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aiab090549.pdf
[Accessed 3 June 2016].
Council, U., 2014. [Online]
Available at: http://www.uia.archi/sites/default/files/AIAS075164.pdf
[Accessed 3 June 2016].
Available at: http://www.uia.archi/sites/default/files/AIAS075164.pdf
[Accessed 3 June 2016].
Iyenger, K. V. N., 2009. Handbook of Professional Documents. In: Delhi:
Council of Architecture, pp. 81-82.
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