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Professional Practice

The document discusses the social responsibility of architects towards sustainable development and mitigating environmental impacts. It also defines key terms like cost, price, and value, and outlines the differences between them. Additionally, it describes the duties and liabilities of architects as prescribed by the Council of Architecture in India.

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0% found this document useful (0 votes)
134 views109 pages

Professional Practice

The document discusses the social responsibility of architects towards sustainable development and mitigating environmental impacts. It also defines key terms like cost, price, and value, and outlines the differences between them. Additionally, it describes the duties and liabilities of architects as prescribed by the Council of Architecture in India.

Uploaded by

riyq
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Q- ROLE OF AN ARCHITECT (2018, WITH DUTIES&RESPON.

-2018)
Q- RESPONSIBILITY OF AN ARCHITECT TOWARDS THE SOCIETY(2018)
The social responsibility of an Architect is towards the urban sprawl, the people he is working for and the
people who will work for the project on site.

An architect by his design can make sure that the site is handled well with less damage to the onsite ecology
or diversity. Its the responsibility of Architect to ensure sustainable and net positive architecture. The net
positive can be in terms of commons, adding to the biodiversity, helping in mitigating the urban heat island
etc.
Q- VALUATION (2017)
Q- COST, PRICE AND VALUE (2018,17,15,14)
DIFFERENCE BETWEEN COST, PRICE & VALUE
•COST IS USED TO INDICATE THE ACTUAL AMOUNT INCURRED IN PRODUCING A COMMODITY WHICH
POSSESS SOME VALUE
• PRICE IS USED TO INDICATE THE COST OF THE COMMODITY PLUS PROFIT OF THE MANUFACTURER
• VALUE IS DEFINED AS THE CORRESPONDING EXCHANGE OF ONE COMMODITY INTO ANY OTHER
COMMODITY; PRESENTLY MONETARY UNIT OF THE COUNTRY

Definition of Price

Price is the amount of money paid by the buyer to the seller in exchange for any product and service.
The amount charged by the seller for a product is known as its price, which includes cost and the
profit margin. For example- If you buy a product for Rs 250, then it is the price of that product.

Definition of Cost
Cost is the amount incurred on the inputs like land, labour, capital, enterprise, etc. for producing any
product. It is the amount of money spent by the company in the manufacturing of a product. For
example- If a company manufactures shoes, then the expenses incurred on raw materials, salaries,
rent, interest, taxes, duties, etc. determines the cost of the product.

Definition of Value

Value is the usefulness of any product to a customer. It can never be determined n terms of money
and varies from customer to customer. For example- If you are going to a gym by spending 1000
bucks a month, the output seen is worth the expense, then it is the value that you create for a gym,
regarding the service being offered there. Here the worth is its value.

Key Differences between Price, Cost and Value

1. Price is what you pay for goods or services you acquire; Cost is the amount of inputs
incurred in producing a product and Value is what goods or services pay you i.e.
worth.
2. Price is calculated in numerical terms, Cost is also calculated in numerical terms, but
Value can never be calculated in numbers.
3. Price is same for all the customers; Cost is also same for all the customers while the
Value varies from customer to customer.
4. Price is estimated through the price policy; cost is assessed on actual expenditure
incurred on manufacturing a particular product, but the estimation of value is based
on customer’s opinion.
5. The Ups and downs in the market will affect the price and the cost of any product
while value remains unaffected.
6. The ascertainment of price is done with the view of the consumer; the cost is
ascertained from producer’s view whereas the ascertainment of value is done from
the user’s point of view.
Q- DISCUSS THE SCALE OF CHARGES OF COMPREHENSIVE ARCHITECTURAL
SERVICES AND OTHER REIMBURSABLE EXAMPLES. (2018,17)
SCALE OF CHARGES
Q- ARCHITECTS DUTY TOWARDS STATUTORY BODIES. (2018)

1. Professional Duties of Architect:

2.Service: "Service", as defined under Section 2 (1) (o) of the Consumer Protection Act, 1986, means service of
any description which is made available to potential users and includes the provision of facilities in
connection with banking, financing insurance, transport, processing, supply of electrical or other energy,
board or lodging or both, housing construction, entertainment, amusement or the purveying of news or
other information, but does not include the rendering of any service free of charge or under a contract of
personal service. In other words, rendering professional service by an architect for "consideration" falls within
the ambit of "service". The relationship between the Client and the Architect is that of recipient and provider
of service. The professional services rendered by the architect mean the services rendered pursuant to the
Conditions of Engagement and Scale of Charges, entered into between the Client and the Architect.

3.Competence: An architect, being a professional, shall possess the required knowledge and skill i.e.
proficiency and competence for discharging his professional duties and functions. These are governed under
the provisions of the Architects Act, 1972 and the Architects (Professional Conduct) Regulations, 1989, framed
thereunder.

4.Duty of care: It means duty to exercise utmost skill and care. When an architect offers professional
advice/architectural services, implicitly undertakes that he is possessed of the knowledge and skill for the
purpose. Thus, an architect shall bring to his task a reasonable degree of knowledge and skill and must
exercise a reasonable degree of care.

5.Duties: The duties that are required to be performed by an architect for various types of projects have been
prescribed by the Council of Architecture under the Conditions of Engagement and Scale of Charges for
respective areas in the field of architecture. The documents stipulate the parameters within which the
Architect is required to function. However, the Conditions of Engagement and matters related therewith for a
given project shall be carried out in accordance with the terms and Conditions of Agreement executed
between the Client and the Architect.

STATUTORY DUTIES

An architect is expected to have a reasonable working knowledge of laws and legislation which affects him in
the discharge of his duties as an architect. The following are the principle legislation governing design and
building works.

Planning Act (Cap 232)

The Planning Act governs the development of land in Singapore. Section 10(1) provides that “No person shall
without the written permission of the competent authority, develop any land.” The competent authority for
planning purposes is designated as the Chief Planner, Urban Redevelopment Authority.

Building Control Act (Cap 29) & Building Control Regulations

The Building Control Act (“the Act”) and Regulations govern building works and imposes on the qualified
person statutory duties of design and supervision. Under s.2(1) of the Act, a qualified person means a person
who is registered as an architect or a professional engineer. The Regulations lay down the form and content
for the design and carrying out of building works.
Design

By Regulation 6(1) “All plans … accompanying any application for approval shall be prepared and signed by an
appropriate qualified person.”

The architect is under a duty to ensure that his plans comply with the Act and Regulations.

Supervision

By Section 8(1) of the Act “… no person shall commence or carry out any building works except under the
supervision of an appropriate QP.”

Q- DESCRIBE DUTIES AND LIABILITY OF ARCHITECTS PRESCRIBED BY COUNCIL OF


ARCHITECTURE. (2018)
Q- DESCRIBE IN BRIEF THE CODE OF CONDUCT FOR ARCHITECTS PROFESSION BY
COUNCIL OF ARCHITECTURE. (2017)
Introduction

Professionals are required to discharge their obligations and commitments diligently and befitting with quality
and standards of services. The laws of the land mandate that the professionals should provide services to the
consumers in a required manner exercising duty of care and while doing so they should not commit any
negligent act. In order to protect the interest of the consumers against the breach of duty, the deficient services
have been defined by the statute and legal actions have been initiated on the erring professionals. The services
rendered by architects have also been covered by the relevant laws of the country.

It has been often asked by the Architects why the legal action taken against architects whenever buildings or any
other built form collapses of which they are the architects, without inquiring their faults and circumstances
leading to the collapse. The suo motu action against architects have brought disrepute, embarrassment and
mental agony to them, at a time, when they are unconnected with reasons responsible for the collapse of
building.

What is the professional liability of architects for the buildings which have been designed and its construction
and completion is supervised by them and thereafter, remain under the control and management of owners/
occupants, and not under the superintendence of an architect who was originally engaged for the design and
supervision of construction. In reality, the longevity and stability of the building are dependent upon the
observance of safety and maintenance norms.

Although Council of Architecture has prescribed the Conditions of Engagement and Scale of Charges, the
question of professional liability of architects during the post completion period of the project remained a vexed
question for many years.

It has been the constant desire and earnest request of the professionals that Council of Architecture being a
statutory body regulating the Architectural Education and Profession throughout the country, it should formulate
guidelines on architect's professional liability. Keeping this end in view, the Council has prescribed guidelines on
"Architect's Professional Liability" to make aware of the architects and the owners and occupiers of the buildings
in what manner and under which circumstances an architect should be held responsible for the negligent act/
deficient services and at the same time, it highlights the clients/ occupiers' duties and responsibilities to be
undertaken by them to preserve the longevity of the building. This document has been approved by the Council
of Architecture at its 40th meeting held on 12th & 13th April, 2002, vide Resolution No.302, as guidelines to the
Architects and user organisations / individual clients.

President
Council of
Architecture

1. Professional Duties of Architect:

2.Service: "Service", as defined under Section 2 (1) (o) of the Consumer Protection Act, 1986, means service of
any description which is made available to potential users and includes the provision of facilities in connection
with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or
both, housing construction, entertainment, amusement or the purveying of news or other information, but does
not include the rendering of any service free of charge or under a contract of personal service. In other words,
rendering professional service by an architect for "consideration" falls within the ambit of "service". The
relationship between the Client and the Architect is that of recipient and provider of service. The professional
services rendered by the architect mean the services rendered pursuant to the Conditions of Engagement and
Scale of Charges, entered into between the Client and the Architect.

3.Competence: An architect, being a professional, shall possess the required knowledge and skill i.e. proficiency
and competence for discharging his professional duties and functions. These are governed under the provisions
of the Architects Act, 1972 and the Architects (Professional Conduct) Regulations, 1989, framed thereunder.

4.Duty of care: It means duty to exercise utmost skill and care. When an architect offers professional
advice/architectural services, implicitly undertakes that he is possessed of the knowledge and skill for the
purpose. Thus, an architect shall bring to his task a reasonable degree of knowledge and skill and must exercise
a reasonable degree of care.

5.Duties: The duties that are required to be performed by an architect for various types of projects have been
prescribed by the Council of Architecture under the Conditions of Engagement and Scale of Charges for
respective areas in the field of architecture. The documents stipulate the parameters within which the Architect is
required to function. However, the Conditions of Engagement and matters related therewith for a given project
shall be carried out in accordance with the terms and Conditions of Agreement executed between the Client and
the Architect.

2.0 Professional Conduct:

An architect shall be required to comply with the standards of professional conduct and etiquette and a code of
ethics set out in clauses (i) to (xxv), read with exceptions covered by sub-clauses (a) to (h) of sub-regulation (1)
of Regulation 2 of the Architects (Professional Conduct) Regulations, 1989. Violation of any of the provisions of
sub-regulation (1) shall constitute a professional misconduct.

3.0 Client's - Owner's/ Occupant's duties and responsibilities:

The Owner - Client shall discharge all his obligations connected with the project and engagement of the
Architect in accordance with the Conditions of Agreement as agreed upon. Further, the Client(s)-Owner(s) /
Occupant(s) upon completion of the building shall maintain it properly to safeguard and preserve the longevity
of the building.

4.0 Professional Negligence:


1.Negligence: "Negligence" of an architect means failure to take reasonable degree of care in the course of his
engagement for rendering professional services.

2. Deficient Service:

1."Deficiency", as defined under Section 2(1)(g) of the Consumer Protection Act, 1986, means any fault,
imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to
be maintained by or under any law for the time being in force or has been undertaken to be performed by a
person in pursuance of a contract or otherwise in relation to any service.

2.An architect is required to observe and uphold the Council's Conditions of Engagement and Scale of Charges
while rendering architectural services in terms of Regulation 2 (1) (xii) of the Architects (Professional Conduct)
Regulations, 1989. Thus, failure to provide any service/services that is/are necessary for discharge of his duties
and functions for the project for which he has been engaged, amount to deficient service.

3. Exceptions:

An architect is not liable for any liability, if the damage to the building has occasioned in the following
circumstances :

1. Use of building for the purposes other than for which it has been designed.

2.Any changes/ modifications to the building carried out by the owner(s)/occupant(s) without the consent or
approval of the architect who designed and/ or supervised the construction of the building.

3.Any changes/alterations/modifications carried out by consulting another architect without the knowledge and
consent of erstwhile architect or without obtaining No Objection Certificate from him.

4. Illegal/unauthorised changes/alteration/ renovations / modifications carried out by the owner(s)/occupant(s).

5. Any compromise with the safety norms by the owner(s)/ occupant(s).

6.Distress due to leakage from terrace, toilets, water logging within the vicinity of the building and that would
affect the strength/stability of the structure or general well-being.

7. Lack of periodical maintenance or inadequate maintenance by the owner(s)/occupant(s).

8.Damages caused due to any reasons arising out of `specialised consultants' deficient services with regard to
design and supervision of the work entrusted to them, who were appointed/ engaged in consultation with the
Client.

9. Damages caused to the building for the reasons beyond the control of the architect.

5.0 Professional Negligence and Deficiency in Services - Professional Misconduct :

Any person aggrieved by the professional negligence and/ or deficiency in services provided by the architect, the
matter shall be referred to the Council of Architecture under Rule 35 of the Council of Architecture Rules, 1973,
to adjudicate whether the architect is guilty of professional misconduct or not.

6.0 Professional Liabilities:


1.Indemnity Insurance: The architect is required to indemnify the client against losses and damages incurred by
the client through the acts of the Architect and shall take out and maintain a Professional Indemnity Insurance
Policy, as may be mutually agreed between the Architect and the Client, with a Nationalised Insurance Company
or any other recognized Insurance Company by paying a requisite premium.

2.Maintenance of Record: The architect is required to maintain all records related to the project for a minimum
period of 4 years after the issuance of Certificate of Virtual Completion.

3.Duration: The architect's liability shall be limited to a maximum period of three years after the building is
handed over to / occupied by the owner, whichever is earlier.

7.0 Nature of Liability:

An architect is liable for the negligent act which he committed in the performance of his duties. The action
against an architect can be initiated by the Client on satisfying the following conditions :

(a) There must exist a duty to take care, which is owed by an architect to his client.

(b)There must be failure on the part of an architect to attain that standard of care prescribed by law, thereby
committed breach of such duty;

and

(c) The client must have suffered damage due to such breach of duty.

1. Disciplinary action under the Architects Act, 1972

If an architect is found guilty of professional misconduct, he is liable for disciplinary action by the Council of
Architecture under Section 30 of the Architects Act, 1972.

2. Civil and Criminal action in the Courts of Law

1.The disciplinary action taken by the Council of Architecture against the architect who has been found guilty of
professional misconduct does not absolve him of his liabilities under the Code of Civil Procedure,1908 and the
Code of Criminal Procedure,1973, if any.

Some of the relevant laws include, The Law of Torts, The Consumer Protection Act, 1986 and The Indian Penal
Code 1860, etc.

What is Breach ? = Architect fails to perform the duty or does something that should not have been done.
Q- COUNCIL OF ARCHITECTURE INDIA AND ARCHITECTS ACT 1972
(2018)(CODE OF CONDUCT)
The Council of Architecture (COA)(2015-SHORT NOTE,14) has been constituted by the
Government of India under the provisions of the Architects Act, 1972, enacted by the Parliament of India, which came
into force on 1st September, 1972. The Act provides for registration of Architects, standards of education, recognized
qualifications and standards of practice to be complied with by the practicing architects. The Council of Architecture is
charged with the responsibility to regulate the education and practice of profession throughout India besides
maintaining the register of architects. For this purpose, the Government of India has framed Rules and Council of
Architecture has framed Regulations as provided for in the Architects Act, with the approval of Government of India.
Any person desirous of carrying on the profession of 'Architect' must have registered himself with Council of
Architecture. For the purpose of registration, one must possess the requisite qualification as appended to the
Architects Act, after having undergone the education in accordance with the Council of Architecture (Minimum
Standards of Architectural Education) Regulations, 1983. The registration with Council of Architecture entitles a
person to practice the profession of architecture, provided he holds a Certificate of Registration with up-to-date
renewals. The registration also entitles a person to use the title and style of Architect. The title and style of architect
can also be used by a firm of architects, of which all partners are registered with COA. Limited Companies,
Private/Public Companies, societies and other juridical persons are not entitled to use the title and style of architect
nor are they entitled to practice the profession of architecture. If any person falsely claims to be registered or
misuses title and style of architect, such acts tantamount to committing of a criminal offence, which is punishable
under section 36 or 37 (2) of the Architects Act, 1972.
The practice of profession of an architect is governed by the Architects (Professional Conduct) Regulations, 1989
(as amended in 2003), which deals with professional ethics and etiquette, conditions of engagement and scale of
charges, architectural competition guidelines etc. Pursuant to these Regulations, the Council of Architecture has
framed guidelines governing the various aspects of practice. An architect is required to observe professional
conduct as stipulated in the Regulations of 1989 and any violation thereof shall constitute a professional
misconduct, which will attract disciplinary action as stipulated under section 30 of the Architects Act, 1972.

Functions[edit]
As of July 2018, there are 463 approved institutions,[1] which impart architectural education in India leading to
recognized qualifications. The standards of education being imparted in these institutions (constituent
colleges/departments of universities, deemed universities, affiliated colleges/schools, IITs, NITs and autonomous
institutions) is governed by Council of Architecture (Minimum Standards of Architectural Education) Regulations,
1983, which set forth the requirement of eligibility for admission, course duration, standards of staff &
accommodation, course content, examination etc. These standards as provided in the said Regulations are required
to be maintained by the institutions. The COA oversees the maintenance of the standards periodically by way of
conducting inspections through Committees of Experts. The COA is required to keep the Central Government
informed of the standards being maintained by the institutions and is empowered to make recommendations to the
Government of India with regard to recognition and de-recognition of a qualification.

The Architects Act, 1972

[31st May, 1972]

An Act to provide for the registration of architects and for matters connected therewith. BE
it enacted by Parliament in the Twenty-third Year of the Republic of India as follows :-
Q- DESCRIBE DUTIES AND LIABILITY OF CONTRACTOR FOR MAINTAINING SAFETY
STANDARDS ON SITE. (2017)
1.Contractor recognizes the importance of performing the Work in a safe and responsible manner so as to
prevent damage, injury, or loss to individuals, the environment, and the Work, including materials and
equipment incorporated into the Work or stored on-site or off-site. Contractor assumes responsibility for
implementing and monitoring all Environment, Health & Safety (EHS) precautions and programs related to the
performance of the Work.
2.Contractor and Subcontractors shall comply with all legal and Owner-specific reporting requirements relating
to EHS set forth in the Contract Documents. Contractor will immediately report orally, and in writing within two
(2) days, any EHS related injury, loss, damage, or accident arising from the Work to Owner’s Representative
and, to the extent mandated by legal requirements, to all government or quasi-government authorities having
jurisdiction over safety-related matters involving the Project or the Work. Contractor and its Subcontractors will
immediately report to the Owner’s Representative all non-incidental spills, and all other significant impacts to
the environment (soil, water, air) in performance of the Work. Contractor will also immediately notify the
Owner of any failure to comply with state and federal environmental laws, rules, and regulations.
3. Contractor’s responsibility for EHS under this Article is not intended in any way to relieve Subcontractors
and Sub-subcontractors of their own contractual and legal obligations and responsibilities.
The Contractor will address the safety requirements defined herein and in the Owner’s Contractor Safety
Policy. Contractor costs associated with the implementation of the requirements will be borne by the
Contractor. Safety deficiencies discovered after the award will be remedied at no cost to the Owner and may
at the Owner’s discretion be deducted from the Contract amount.
7.The Contractor shall have on site at all times when work is being performed at least one individual certified
in CPR and First Aid in addition to the SO.
8.The Contractor must have a documented Site Specific Contractor Environment, Health and Safety Program
(CEHSP) in place and accepted by the Owner before work will be authorized to start. This program must be
consistent with the requirements in the Owner’s Contractor Safety Policy. This plan shall:
• Incorporate the requirements identified in the Contractor Safety Policy.
• Include an Area Hazards Analysis.

The CEHSP will be based on the hazards inherent to the Means and Methods adopted by the Contractor and
its associated work environment. The scope of work will dictate the required program elements for this
Contract. The following are examples of program elements that the Contractor may include in its CEHSP:
•Electrical Safety • Fall Protection • Personal Protective Equipment (PPE) • Control of Hazardous Energy
(Lock Out/ Tag Out) • Confined Space • Hotwork (Grinding and Burning) • Hoisting and Rigging • Hearing
Conservation (Includes Industrial Hygiene Monitoring and Medical Baselines, if appropriate) • Respiratory
Protection (Includes Industrial Hygiene Monitoring and Medical Baselines, if appropriate) • Emergency
Response • Fire Protection and Prevention (Contractor must provide its own extinguishers)
•Blood Borne Pathogens • Hazardous Communications • Machine Safeguarding • Powered Industrial Trucks •
Industrial Hygiene • Material Handling • Spill Prevention, Control, and Countermeasures (Contractor to
provide all associated equipment) • Storm Water Management • Solid and Hazardous Waste Management •
Air Pollution Control • Scaffolding
If the Contractor chooses to adopt one or more specific elements of the Owner’s EHS program, it must adopt
that element in its entirety.

Contractor Responsibility for Site Safety


The general contractor on a project is typically responsible for overall site safety because the
contractor is performing the type of work that is creating the most significant safety risks on a site. The
Agreement between the contractor and the owner specifically assigns this responsibility to the contractor
as an independent contractor responsible for its own means, methods and procedures — including safety
precautions. See for example, American Institute of AIA A 201-2007, section 10, and ConsensusDOCS 200
– 2007, Section 3.11.
In addition to being liable for acts that cause injuries, the contractor may in some instances
also
have liability for the injuries of its subcontractor’s employees. This can be so even when those
injuries are
not directly caused by the prime contractor.
Courts in some states impose liability on contractors for hazards where the contractor knows or
should know the employee of a subcontractor is not protecting himself against a known hazard. Some
states find contractors liable for injuries to subcontractor employees if the contractor has retained
control over the subcontractor’s means, methods and procedures – especially if the prime
contractor maintains safety-related supervisory duties such as providing a safety supervisor, or ensures
compliance with safety rules and regulations.
Some courts find contractor liability by focusing the legal analysis primarily on the language
of the
contract between the project owner and contractor that includes specific and detailed safety
responsibilities being imposed by the contract upon the contractor. Cochran v. Gehrke, Inc., 305 F. Supp.
2d 1045 (N.D. Iowa 2004).
Other courts hold that merely maintaining the authority to direct, control or supervise the
work
that created the injury is not sufficient basis to find the prime contractor liable for subcontractor
injuries if the contractor did not exercise actual control over its subcontractor’s work. Thus, in the
absence of proof of any negligence or actual supervision of a subcontractor, the mere authority the
general contractor has to supervise the work and implement safety procedures is not a sufficient basis to
impose liability on the prime contractor or to find that it owes any common law indemnification to the
project owner for damages.
Q- EXPLAIN EASEMENT. DISCUSS CHARACTERISTICS OF EASEMENT AND MODE
OF ACQUIRING EASEMENT. (2018)
Q- WRITE SHORT NOTE ON ARCHITECTURAL COMPETITION. (2018)
OPEN- For projects estimated at less than Rs. 10,00,000/may be restricted to Architects who have their main
or branch office in the State of the project site.

SINGLE- Assessed by
the Assessors for the
award of the prizes
and the appointment
of the architect. • For
small and simple
project.
TWO- Assessed by
the Assessors for
selecting a small
number of
competitors (5 & 10).
• For town planning
and for large scale or
complex project.
REGIONAL SPECIAL-
Intended for small
projects of charitable organisations in which 4to 6local firms will compete for the appointment as the
Architect. • No
premiums are given and the winner shall be appointed to carry out the project.
Q- DIFFERENCE BETWEEN BID AND TENDER (2018,14)
A Tender is an open Request for Proposal (RFP) when an organization wants to buy something and is
soliciting bids from suppliers. It is more commonly used term within Government sector which requires
Procurement ‘tender out’ anything they want to buy to be fair and prevent favoritism.

Bids are the supplier’s proposals against those RFPs. It includes things like pricing, availability and
delivery
schedule. Bids are usually sealed (secret) and opened during a ‘Tender Opening’ where the Procurement
team
opens the bids in front of all the suppliers on a certain day and time to ensure transparency.
Q- WHAT ARE VARIOUS FORMS OF TENDER? ENUMERATE ADVANATAGES AND
DISADVANTAGES OF ANY ONE (2018)
LIST AND EXPLAIN TYPES OF TENDER WITH SUITABLE EXAMPLES (2017)
Q- WRITE SHORT NOTE ON BID V/S TENDER ALONG WITH ITS TYPES OF TENDER.
ALSO EXPLAIN REASON TO TENDER AND MODES TO INVITE A TENDER. (2018)
MODES OF INVITING TENDER
REASON TO TENDER
Why tender is required?
A tender is essentially an official letter that the organizations have to send for the procurement of the
goods and services required on a large scale. For the execution of projects also tender notice is
required. Thus, the tenders are filled when an invitation is received for bidding.

To tender is to invite bids for a project or accept a formal offer such as a takeover bid. Tendering usually
refers to the process whereby governments and financial institutions invite bids for large projects that must be
submitted within a finite deadline.
Encourages Competition: The process of tendering helps promote a competitive market. ... This process
therefore helps new firms to quickly get a foothold in the market or industry, thus significantly lowering the
traditional barriers to entry
An invitation to tender (ITT) is the initial step in competitive tendering, in which suppliers and
contractors are
invited to provide offers for supply or service contracts, the ITT is one process in IT procurement. ...
Invitations to tender are also known as calls for bids or calls for tenders.

Q- ESSENTIAL QUALITITES OF GOOD TENDER (2017)

 Sufficient time is given to plan and run the process.


 Equal opportunity and equal treatment.
 Openness and transparency.
 Probity.
 Outcomes that deliver sustainability, efficiency and cost savings (where appropriate)
 Relevance and completeness of the information.
 Rule of law.
Q- MOBILIZATION FUND (2018)
Mobilization Fund is the capital you need to mobilize or get started on a project after you've won
the contract.
It is the fuel you need to launch your project.

Definition

Mobilisation ensures that the project, programme or portfolio has appropriate organisational and
technical infrastructures and mechanisms for putting resources in place.

Q- RETENTION AMOUNT (2018)


Retention is a percentage (often 5%) of the amount certified as due to the contractor on an interim
certificate, that is deducted from the amount due and retained by the client. The purpose of
retention is to ensure that the contractor properly completes the activities required of them under the
contract.

The contract may require that retention is kept in a separate bank account and that this is certified to
contractors. In this case, the client will generally keep any interest paid on the account.

Examples of Retention Amount in a sentence


The Third Party Purchaser, prior to its acquisition of Certificates that constitute the Required Third
Party Purchaser Retention Amount, will be required to enter into an agreement with the Retaining
Sponsor (the “ Credit Risk Retention Compliance Agreement”).

The Retaining Party, prior to its acquisition of Certificates that constitute the Required Retention
Amount, will be required to enter into an agreement with the Depositor and the Mortgage Loan Sellers
(the “ Credit Risk Retention Compliance Agreement”).

The Seller receives the Servicing Retention Amount for servicing the Seller’s Pool Loan.

With SBA’s written permission, the Seller may sell the Seller Receipt and Servicing Retention Amount
in whole, but not in part, to a single entity at one time.

The Seller may not sell less than 100% of the Seller Receipt and Servicing Retention Amount, and
may not sell a participation interest in any portion of any of its Pooled loans.
Q- WHAT ARE VARIOUS FORMS OF CONTRACT? ENUMERATE ADVANTAGES AND
DISADVANTAGES OF LUMP SUM CONTRACT. (2017,TYPES OF CONT.2018,2015-
TYPES&FUTURE TREND IN CONTACTING SYSTEM, LIST & EXPLAIN TYPES-14)
FUTURE OF CONTRACT SYSTEM - What is the Future of Contracts?
Because of advancing technology, organizations have been able to place more emphasis process
improvement, which results in gaining efficiencies through tightly integrated applications all on a single
data model. As Lauryn K. Haake, Managing Director, HBR Consulting put it, “To truly be a high performing
company, it will not be sufficient to maintain a CLM system and a singular CLM process. Rather,
companies will look to the creation, deployment, adoption and measurement of a CLM program to reach
the next level of success.”
Q- DUTIES OF CONTRACTOR (2018)
Q- ESSENTIALS OF VALID CONTRACT (2013)
Q- EARNEST MONEY V/S SECURITY DEPOSIT (2018,17,18)
EMD ( Earnest money deposit) and Security both come into picture while quoting for a tender (for both
private and govt. departments).
•Earnest money deposit : To ensure that a Bidder does not submit a Dummy Bid or back out at time of tender
opening, Department collects a small refundable fee from each bidder, which is called EMD. EMD is always in
form of a Demand Draft & cheques or cash are strictly not allowed. EMD is returned when all Bids are opened
& tender is awarded to other firm. In case Tender is cancelled, the EMD is returned. in case, your firm is the
winning bidder, the said EMD shall be returned to you only after you complete the supply or you make a
security deposit. After Bid is opened, if a Bidders refuses to take the contract, then his EMD is forfeited. EMD is
generally less than 5% of the Tender Value.
•Security Deposit: Once it is decided that a Tender is awarded to a Bidder, he has to deposit a Security
Deposit with the Buyers such that if he does not complete the task as per the work order, the Buyer can
recover the loss by forfeitting his Security Deposit. For e.g. If a Bidders gets Rs.10 Cr contract to construct a
Bridge withing 12 months , than he has to deposit a Security deposit of 10% i.e. 1 Cr with Buyers. Now if he
does not complete the bridge on time or leaves it incomplete, the Department can forfeit his 1 Cr as penalty.
Security Deposit can be in form of Bank Guarantee, National Saving certificates, Cash, etc. Only when the
Winning Bidders makes the Security Deposit, he gets his EMD Back.
Earnest Money Deposit:
1. Earnest money is assurance or guarantee in the form of cash on the part of the contractor to keep
open the offer for consideration and to confirm his intentions to take up the work accepted in his
favour for execution as per terms and conditions in the tender. 2. In case a tender fails to commence
the work awarded to him, the earnest money is forfeited to government. No interest is payable upon
the earnest money to the contractors. 3. EMD of the lowest tenderer whose tender is normally
accepted is retained by the department as a part of security deposit for due performance of contract.
Security Deposit:
1. The contractor is required to deposit with the owner a sum stated as a percentage of the cost of the work in
order to safeguard the interests of the owner in the event of improper performance of the contract. 2. The
relevant clause should specify the time limit within which the payment has to be made and the mode of
payment should be specified. 3. However, in big projects the security is taken in the form of bank guarantees.
The bank guarantee costs the contractor a small percentage, seldom exceeding two percent per annum of the
amount guaranteed with small margin money. 4. Accepting the security in terms of the bank guarantee is thus
to the advantage of the employer.

Q- EXPLAIN THE DIFFERENCE BETWEEN PROFESSION AND BUSSINESS. DESCRIBE


MORAL RESPONSIBILITIES OF AN ARCHITECT. (2018)
Key Differences Between Business and Profession
The following points are noteworthy so far as the difference between business and
profession is concerned:

1. An economic activity concerned with the production or purchase and sale


merchandise and rendering of services with the purpose of earning profit is called
business. A form of economic activities, wherein special skills, knowledge, and
expertise is required to be applied by the person, in his occupation is known as the
profession.
2. The primary objective of a business is to earn profit whereas profession is aimed at
providing services.
3. A business can be established by the decision of the entrepreneur and after fulfilling
certain legal formalities. On the other hand, profession requires membership of the
respective professional body and certificate of practice, for the establishment.
4. Any person can start his business; there is no minimum qualification to run a
venture. On the contrary, specialised knowledge of study, training and expertise is
the major requirement for the profession.
5. A business requires capital investment according to its size and nature. Unlike,
profession whose capital requirement is limited.
6. A businessman gets profit as a return for the work done by him/her. Conversely, a
professional gets a fee for the services rendered by him/her.
7. In business, there is no prescribed code of conduct. As opposed to the profession, the
code of conduct is prescribed by the professional bodies which must be followed.
8. In general, every business advertises its products and services, for the purpose of
increasing sales. As against
this, the advertisement is
strictly prohibited as per
professional code of conduct.
9. In business, transfer of interest
is common, like transfer of
business by the father to his
son. In contrast to the
profession, where
transferability is not possible
as it requires specialised skill
and knowledge.
10.Business and risk go hand in
hand, so the risk factor is
always present in business. On
the other end, the risk factor
may or may not be present in a
profession.

Role of Architects in Construction


An architect both artistic and functional mind for the design of structures. Once an architect is
approached by a client or a sponsor, he calls a meeting to know the needs and the wants of the
construction work or project.

An edifice is designed by the architect that will satisfy the client. The architect brings more of
creativity and artistic elements on the building. This creation of design will be repeated till both
the parties i.e. the client and the designer are satisfied.

Responsibilities of Architects in Construction


The work carried out by the architect have to be properly organized. This demands to keep the
records of different contracts, the details of the project, the cost and the budget details, the time
limit and the day by day progress report.

Most of the cases the architects have to work with the civil or structural engineers for
communication and discussion relating the technical issues faced in the design and the
implementation.

The key responsibilities of an architect in construction projects are mentioned


below:
Role of Architects in Project Discussion
Meeting and discussions have to be kept with different members and professionals of the
organization before approval of the project design. This helps in realizing different technical
difficulties that would be faced, opinions and economical ideas. This can help in moving the team
together for the completion of the project.

Role of Architects in Preparation of Drawings


A construction project has enormous design drawings that have to be prepared all before the
execution of the work on site. Any errors have to be pre-checked before implementing it.

This early submission of drawings helps in avoiding the delaying of the project. The drawings are
the basis on which detailed estimation, material procurement and work at site is carried out.

Initially, the sketch designs are prepared which will shows the building location. This gives an
idea about the layout of different spaces within and nearby as well as different links to the sit.
The overall massing and the appearance of the project too is reflected on the sketch design.

The sketch design is the basis on which the client agrees to certain principles and agreements.
The end of sketch design will follow the contract proposal that will move to the next phase of cost
estimation and the timescale of the project.

The construction of a building or a structure is now performed by both the architect and a civil
engineer provided they have adequate experience and skill. The different drawings an architect
can render will include the floor plan, the site plan, the elevation and the isometric vies, Other
detailed structural drawings, 3D models and 3D views.

Mainly these works or details provided by the architect will depend on the work provided to him.
Sometimes there comes situations where we have a structural designer to design the plan and the
structural building.

We need to have a good elevation for the given plan. Here, we will approach the architect to deal
with the front elevation and the landscaping details. This will hence ask for cooperation and
discussion between the engineer and the architect.

Role of Architects in Cost Estimation of Construction


Project
The estimation of the costs at different stages of the project progress helps in having a
control
over the budget. This keeps the client and the project team alert before a bigger budget issue is
faced.

The architects do have an important role in visualizing top to down of the whole building
structure, that results in emerging with new ideas and designs. This brings difficulty in their
implementation without the help of engineers and without understanding the practicality of
construction.

Hence, the greatest challenge or the responsibility of the architect is not to underestimate the
cost of materials and the construction time. This point helps in bringing out effective cost
estimation.
The extent and details of cost estimation conducted by the architect too is dependent on the
extent of work is carrying out. If the client is completely providing the project over to him, where
the engineers comes later or under, the complete construction estimation is performed by the
architect.

Now, if the architect is placed only for the façade improvement or for landscaping modeling and
implementation, he brings a cost estimation for the same.

Role of Architects in Construction Contracts


If the whole size of the project is known, it is able to understand the different sectors of the
project that can be divided and provided to the contractors. Contractors take over the project and
implement it with their labors as instructed by the architects/engineers.

The bidding of the tender and allowing the building contract can be carried out with the
architect’s assistance. This helps the client to choose the correct procurement form. This way the
whole contract procedure is well coordinated.

The activity of contract agreement must be transparent and fair. The architects have role in
suggesting and choosing the contractors for different activities of construction.

After receiving the tender, the architect carries out a tender analysis report. These results
are
compared with the client’s expectations and budget.

What type of work the architect is engaged is based on the contract agreement. Most of the
project, the architect takes in hand with civil structural engineers is to move the construction.
Huge construction will of course demand somebody with huge technical knowledge to know
about the stability and strength factors.

The contract with the architect by the client will decide what trade the architect must focus on.
Based on the demand the architect will coordinate the construction activity as per the standard
codes and regulations.

The architect has the role of checking the invoices at the month end to check the payment
requested is corresponding to the completed works at the site.
Q- ARBITRATION (2017, 2018-EXPLAIN, ADV.,DISADV.,15,14)
`
`
ROLE OF AN ARCHITECT AS AN
ARBITRATOR
Q- MEDIATION (2018-EXPLAIN, ADV.,DISADV.,15,14)
Q- FRAME, DRAW AND EXPLAIN- AN ORGANIZATION CHART FOR AN
ARCHITECTURAL FIRM OF 30 PEOPLE PRACTICING IN INFRASTRUCTURAL AND
INSTITUTIONAL PROJECTS LIKE HOSPITAL, HIGHER END HOUSING PROJECTS.
ALSO EXPLAIN THE ROLE OF HR DEPARTMENT. (2017,25 PEOPLE-2018,15,14)
Q- EXPLAIN THE STRUCTURE OF SMALL OFFICE SET UP WITH ALL REQUIRED
FACILITIES. (2018)

Prints Amount

Architect Accounts Engineers


(Design,Studio, Clients, Reception
(Clerk,Corrosponsance, Bill (Estimate, Tenders, Site
Site Visit, Vendors, (Telephone, peon)
Co- ordination. raising, Drawing issue) Visit, Bill
check0

OFFICE
Q- EMINENT DOMAIN VS POLICE POWER (2018,15,14)
Eminent Domain – The right of government (both state and federal), public corporations (school
districts, sanitation districts), public utilities, and public service corporations (railroads, power
companies) to take private property for a necessary public use, with just compensation paid to the
owner. Generally, however, the law will not allow compensation for lost profits, inconvenience, loss of
goodwill, and the like, although severance damages may be awarded for a loss in value to the remaining
property that is not actually condemned. Through eminent domain, the state may acquire land (fee,
leasehold, or easement) for streets, parks, public buildings, public rights-of-way, and similar uses. No
private property is exempt from this exercise of government power.
If the owner and the government cannot negotiate a satisfactory voluntary acquisition of the property,
the government can initiate a condemnation action to take the property. In such case, an owner’s main
grounds for complaint would usually be that the intended use is not a sufficient public use or that the
valuation given the property in the condemnation proceeding is unjust. Generally speaking, the courts
will not permit a taking in fee if an easement will do; an entire piece cannot be taken if only a part is
needed.
Eminent domain is an outright acquisition of property with payment of compensation. It is not an
uncompensated regulation of the use of property (as in the case of restrictive zoning).
Upon the vesting of title in the government, all preexisting liens and encumbrances are extinguished;
anyone affected by this change, such as mortgagees, must look to the award of condemnation money for
satisfaction of their claims.
A lessee is usually given the right to cancel his or her lease when a large portion of the leased premises is
taken. Long-term leases usually provide for a condemnation award to be apportioned between lessor and
lessee, according to the value of the parties’ respective estates.

Police Power – The constitutional authority and inherent power of a state to adopt and enforce laws
and regulations to promote and support the public health, safety, morals, and general welfare. Such laws
must be uniform in operation and nondiscriminatory, and cannot be advantageous to any one particular
person or group. In essence, it is an authority derived from individual state constitutions, which also vest
the power in counties, cities, and municipalities to adopt and enforce appropriate local ordinances and
regulations that are not in conflict with general laws. Some examples of police power are the right to tax,
the right to regulate land use through a general plan and zoning, the right to require persons selling real
estate to be licensed, the right to regulate pollution, environmental control, and rent control.
Traditional concepts of the police power have been broadened in recent years to include the furtherance
of the aesthetic beauty of the community. For example, courts have upheld an ordinance restricting
advertising in state parks, and have upheld the regulation of the appearance of a community through
design review boards.
Also derived from police power is the right to damage or destroy private property (without
compensation to the owner) when such an act is necessary to protect the public interest. This may
happen, for example, when a condominium unit is on fire and the fire department must destroy an
adjoining unit to extinguish the fire and save the rest of the building. Although the government
would not
be required to compensate an owner for such destruction, a valid claim may be filed against the
insurance policy covering the burning unit or against the owner’s own policy. Although police power
permits the state to regulate the use of an individual’s property in order to protect public health, safety,
and welfare, such regulation has its limits. If it goes too far, it is recognized as a “taking”• which requires
that the state pay just compensation to the individual affected.

Q- RESUME AND SCOPE OF WORK OF JR. ARCHITECT V/S SENIOR MANAGEMENT


EXECUTIVE (2018,15,14)
Junior Architect Duties and Responsibilities
Purpose of Classification:
Assist Architects in the preparation of plans and specifications for the construction and/or alteration of
buildings.
Distinguishing Characteristics:
This is first in a series of three classifications. It is distinguished from the Architect in that the Architect
independently prepares plans and specifications for construction and/or alteration of buildings.
Examples of Duties:
 Meets with requesters to determine requirements of projects; determines feasibility of project and
prepares cost estimates.
 Performs original design work utilizing specifications, sketches and ideas on developing designs.
 Analyzes space utilization effectiveness and changing demands for space needs: recommends
actions to meet new requirements.
 Assists in compiling data for comprehensive facilities use and feasibility data to be used for campus
planning, capital improvement and long-range planning.
 Assists in compiling data for architectural plans, specifications, cost estimates, reports, etc.
 Assists in the preparation for plans for existing buildings where plans are not available.
 Assists in conducting preliminary studies of proposed projects to obtain information as to space and
design requirements, obtaining measurements and making sketches preliminary to the preparation of
drawing.
 Assists in preparation of scale drawing of details required for contract drawing.
 Assists in preparation of design development drawings.
 Assists in the preparation of “record” drawings on completion of construction.
 Assists in preparation of layout and draws preliminary sketch of project to present to client.
 Assists in developing and/or coordinating development of detailed working drawings and
specifications after approval for project has been obtained.
 Assists with coordinating bid process.
 Reviews shop drawings, specifications, cost estimates and construction material recommendations
submitted by outside architects and contractors to ensure adherence to contract and notifies Architect
of discrepancies.
 Reviews work of contractor, verifying specified materials are being used, dimensions are as drawn
and quality is according to contract document.
 Provides support to Architects and management staff.

Senior Architect Duties and Responsibilities

Senior Architects are both supervisors and sources of knowledge. They oversee the work of others, act as liaisons and
solve problems when they arise. From our analysis of job postings, some of the core responsibilities for Senior Architects
as they guide construction from design to reality include:

Tackle Complex Projects

Because of their years of experience, Senior Architects often get assigned the most challenging projects. For instance,
they may design a whole assisted-living facility or a shopping complex. Estimating costs, choosing materials, creating a
time framework and scheduling workers are some of the necessary tasks.

Seek Input
Senior Architects interact with various people. They talk with clients to learn about their needs and objectives. They
discuss ideas and strategies with other company leaders. They solicit feedback from their team. They bring in
consultants as needed to provide specific expertise.

Ensure Compliance

Plans must not only please the client but also comply with government regulations and zoning codes. Senior Architects
make sure that what is being constructed is both legal and safe, which may involve research and consulting experts such as
engineers and fire inspectors.

Monitor Work

Actions among the various individuals and groups contributing to a construction project need to be coordinated to stay on
track and on budget. Senior Architects help to supervise and maintain workflow so that schedules do not get interrupted.
When consultants are brought in, Senior Architects look over their designs and suggestions to see how they fit in with the
overall project.
Q- DIFFERENCE BETWEEN EXTERNAL CONSULTANT, CONTRACT AND VENDOR
(2018)
Q- BOQ AND ITS IMPORTANCE (2018)
Q- ETHICS V/S MORAL V/S DUTIES (2015,14)

So, what's the difference between ethics, morals, and values? The difference is slight but it's there.
Understanding the difference between the three will help you delve into your next novel with a greater
understanding of each character.

Values
Let's start with values. Values are the foundation of a person's ability to judge between right and wrong.
Values include a deep-rooted system of beliefs. They have intrinsic worth, but are not universally accepted.
This system allows each individual to determine what should and shouldn't be.

What Is Important or Valuable?


For example, if someone's value system is founded upon honesty, they would probably make a proper
judgment between cheating on a college entrance exam (wrong) and studying hard to ace a college entrance
exam (right).
Conversely, if someone valued achievement and success over honesty, that person may opt to cheat on the
exam in order to achieve the desired result. This relates to which value is "worth more" to the individual.
These fundamental beliefs are the barometer that go on to guide a person's decisions. Values don't necessarily
need to be "system wide" in a group of people. Rather, they tend to be a personal, individual foundation that
influences a particular person's behavior.

Morals
Next, we have morals, which are formed out of values. They're the actual system of beliefs that emerge out of a
person's core values. Morals are specific and context-driven rules that govern a person's behavior. Because this
system of beliefs is individually tailored to a person's life experience, it's subject to opinion.

Amoral vs. Immoral


Be careful with the terminology in this category. Sometimes, the words "amoral" and "immoral" are
interchanged. However, they're quite different. If someone is amoral, they have no sense of right and wrong.
They don't have the foundation that comes with a sound set of values.
Meanwhile, if someone if immoral, you can be sure they know right from wrong. They're just choosing to do
the wrong thing.

A Moral Dilemma
Given the personal nature of morals, someone might deem an action to be "good" even if it's breaking a law.
For example, what if a daughter couldn't afford the life-saving medicine her dying mother needed but she,
somehow, had access to the storeroom where the medicine was housed?
In this instance, her core values might tell her stealing is wrong. However, her morality would tell her she
needs to protect her mother. As such, the daughter might end up doing the wrong thing (stealing, as judged by
her values) for the right reasons (saving her mother, as judged by her morals).

Ethics
Finally, we have ethics. Ethics are the vehicle to our morals. They're our morals in action. Ethics enact the
system we've developed in our moral code. As such, someone will behave ethically or unethically. For
example, someone's ethics will prevent them from taking action and telling a bold-faced lie or stealing their
mother-in-law's secret recipe for cornbread.
This might seem like muddy water to you. The line between morals and ethics is so fine, it's easy to miss. Well,
you're not alone. Encyclopedia Britannica considers "morals" and "ethics" to be interchangeable terms.
However, the context in which they're used might provide further distinction.

Professional Ethics
We tend to link morals to matters of religion and spirituality. Meanwhile, ethics are closely linked to matters
pertaining to medicine or law. We know doctors are held to a strict code of ethics when they swear the
Hippocratic Oath. Similarly, an organization like PETA literally stands for "People for the Ethical Treatment of
Animals."
Consider morals as the rulebook and ethics as the motivator that leads to proper or improper action.
Sound Moral Judgment
Sound moral judgment is rooted in strong values and acted upon by our ethics. It seems like the three are the
same, but they're different enough to warrant a closer study. If you're writing a short story, you might want to
approach your main character from this viewpoint.
As you develop the conflict your main character will face, try to create a deep-rooted set of values. Consider
where those values might have come from. Then, use their morality as the barometer in any decisions they
have to make.

Q-STAGES OF ADMINISTRATIVE APPROVAL V/S TECHNICAL SANCTION OF A


PROJECT (2015,14)

Administrative approval:
1. For every work, it is necessary to obtain, in the first instances the concurrence of the competent
authority of the administrative department requiring the work. The formal acceptance of the
proposals by the authority is termed as Administrative Approval of the work.
2. It is duty of the engineering department requiring the work by the administration to obtain the
requisite approval to it.
3. An approximate estimate and such preliminary plans are necessary to explain the proposals are
submitted by an engineering department to the administration to obtain administrative approval
to take up the work within the sanctioned amount.
4. After receiving the administrative approval, detailed drawings, design and the estimated cost etc.
are prepared by the engineering department and submitted to the administrative department for
sanction.
Technical Sanction:
5. After receipt of administrative approval and expenditure sanction, a detailed estimate is further
sanctioned by a competent technical authority of the engineering department empowered by the
Government, which ensures that the proposals are structurally sound and the estimate is
accurately calculated based on adequate data.
6. Such sanction is known as Technical Sanction and should be taken before inviting tenders to
execute the work.
Q-PEOPLE, OFFICE AND COMMUNICATION SKILLS IN PROFESSION(2015)

Communication Skills for Workplace Success


 Listening. Being a good listener is one of the best ways to be a good communicator. ...
 Nonverbal Communication. Your body language, eye contact, hand gestures, and tone of voice all
color the message you are trying to convey. ...
 Clarity and Concision. ...
 Friendliness. ...
 Confidence. ...
 Empathy. ...
 Open-Mindedness. ...
 Respect.
Q-DEFINE LAW AND WRITE SHORT NOTE ON INDIAN LAW SYSTEM. ALSO
EXPLAIN ROLE OF CONSTITUTION, INDIAN PANEL CODE, INDIAN JUDICIAL
SYSTEM. (2015,14)

Judiciary System of India

Judicial System or the court system is also the Judiciary System. The court has the power to make decisions and
also enforce the law, solve disputes. Judiciary system consists of Judges and other magistrates, they form the
bench or the core of the judiciary system.
On 26 January 1950, the Indian Constitution was written and it is worlds largest constitution written. The
constitution is the source of law in India and also the supreme law of India. Judicial System of India consists of
Supreme Court, High Court, District Court or Subordinate Court.

Supreme Court of India

Under the constitution of India, the supreme court is the final court of appeal. Hence has the chief justice of India,
including 30 judges and other judges for advisory jurisdiction. Unsolved or still in dispute cases are leveled up to
Supreme court to reattain justice. If the supreme court declares a law it is binding on all other courts of all States
and Union territory. Every court building has 15 courtrooms. the Eligibility to become a Chief justice is:

 The judge in one High court or more, for at least 5 years or advocate in high court for at least 10 years.

 A distinguished judge in the opinion of the President of India.

High Court of India

Under the constitution of India, every state should regard to one high court. Mumbai high court id the oldest high
court in India. Every High court has 94 judges out of which 71 are permanent and 23 are additional judges. High
court deals with economic issues and legal documentation. These courts also have an additional set of legal
professionals. Eligibility for a high court judge is

 He should be a citizen of India.

 An advocate should have at least 10 years of practice in any court.

District Court of India

Under the constitution of India, district courts or Subordinate Courts are subordinate to the high court. District
courts are established according to the population distribution of the district and state. It looks after the Civil and
criminal matters of the district. A law declared by the district court is applicable to all subordinate courts. Since
District court is at a higher hierarchical level. Eligibility for judge in district court is

 He should be a citizen of India

 An advocate should have at least practice for 7 years.


Q- EXPLAIN BRIEFLY BILL VS ACT VS ORDINANCE IN CURRENT INDIAN POLITICAL
SCENARIO. ALSO EXPLAIN THE IMPORTANCE OF QUASI JUDICIAL SYSTEM FOR
SMALL TOWNS/VILLAGES. (2014)
BILL - predecessor to an Act; a document that is presented in a legislature for discussion and voting.

ACT - once the Bill is passed by the legislature, it is presented to the President or the Governor, as the
case may be. On receiving his assent, it becomes an Act.

An Act is alaw made by the legislature like Parliament or State Legislative Assembly.

ORDINANCE - it is promulgated by the President/Governor when the Parliament/Legislative Assembly


is not in session; it has the same effect as that of an Act passed by the legislature; it has to be
approved by the legislature within 6 weeks of reassembly of the legislature.

A quasi-judicial body is a non-judicial body which can interpret law. It is an entity such as an arbitrator or tribunal
board, generally of a public administrative agency, which has powers and procedures resembling those of a court of
law or judge, and which is obliged to objectively determine facts and draw conclusions from them so as to provide the
basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and they may affect
the legal rights, duties or privileges of specific parties.

What is the reason to establish the quasi judicial body?


The courts have the power to supervise over all types of disputes but the quasi-judicial bodies are
the ones with the powers of imposing laws on administrative agencies. These bodies support to
lessen the burden of the courts.

What are quasi judicial bodies in India?


Tribunals and Quasi-Judicial Bodies in India UPSC – IAS. A quasi-judicial body is an
organization or individual on which powers resembling a court of law have been conferred. Such a
body can adjudicate and decide upon a situation and impose penalty upon the guilty or regulate the
conduct of an individual or entity.

Q- ETHICS IN ARCHITECTURAL PROFESSION (2012)

ARCHITECTURAL ETHICS

It is estimated that 90 percent of contemporary human existence takes place within built environments. It
is also well known that the onset of illness and death is more rapid and often more prevalent as a result of
inadequate shelter than of inadequate food supply. As economies shift to urban centers throughout the
world with little or no civic infrastructure to receive their bulging populations, homelessness has become
a global pandemic—and yet buildings alone are now considered responsible for at least 50 percent of all
environmental waste. It is therefore surprising that a comprehensive ethical discourse, compared to
other disciplines or professions, is relatively nonexistent within contemporary architectural, graphic,
interior, industrial, landscape, urban, and regional design practices. This, according to scholars, was not
always the case. In most premodern societies, and in many traditional or non-Western societies in the
early twenty-first century, making and ethics were, and are, intertwined if not inseparable. Whenever
eighteenth-century Enlightenment principles were uncritically adopted or imposed by force around the
world, architects and designers—often in tandem with their clients and communities of users—rapidly
abandoned their traditional discourse and practice of ethics, bowing to the demands of utilitarian market
forces.

Architects have ethical as well as professional responsibilities to protect the health, safety, and welfare of
others. Those ethical obligations get addressed to a certain extent in the AIA’s Code of Ethics and Professional
Conduct, although that document, which has gone through several iterations since its promulgation in 1909,
largely focuses on business ethics: our obligations to clients, colleagues, the profession, the environment, and
the general public.

Protecting the public’s health, safety, and welfare, which provides the primary justification for the licensure of
architects, has ethical implications that go beyond those of running a business to encompass the design,
construction, and operation of buildings. Health relates to the well being of people as both individuals and
groups, and it parallels the attention paid in virtue ethics to the development of character traits that that
promote well being of each person and society. Indeed, leading a virtuous life can promote both physical and
mental health.

Safety involves the related goal of having physical security and freedom from danger. While architects cannot
protect people from every danger, building and zoning codes do guard against most physical hazards and the
design process does help practitioners anticipate possible risks during the design and detailing of a project.
The architect’s attention to public safety and assessment of the possible consequences of every design
decision grounds the profession in utilitarianism, with its ethic of seeking the greatest good for the greatest
number.

Of all the architect’s responsibilities, welfare remains a less well defined. Not to be confused with the system
of governmental support for unemployed people, the welfare obligations of architects does share with those
governmental programs the goal of helping people thrive and prosper. The areas of ethics most closely related
to that goal are social contract ethics, which addresses the agreements that individuals enter into as members
of a society, and duty ethics, which argues that we should treat others as we would want to be treated were
we in their situation.

The architect’s responsibilities for the health, safety, and welfare of others makes the practice of architecture
inherently ethical, in a profession that encounters ethical dilemmas almost continuously in the course of
designing and constructing buildings. Understanding the basic systems and principles of ethics can help
architects resolve those dilemmas by helping practitioners determine what is the right thing to do in a
particular situation. A good grasp of ethics also enables practitioners to have greater success in meeting the
needs and expectations of communities, clients, co-workers, consultants, contractors, and the whole range of
people involved in and affected by architecture.
Q- SCRAP VALUE AND MARKET VALUE (2012)

Scrap value is the worth of a physical asset's individual components when the asset itself is deemed
no longer usable. ... An item's scrap value is determined by the supply and demand for the materials
it can be broken down into. Scrap value is also referred to as the residual value, salvage value, or
break-up value.

Market value is the amount for which something can be sold on a given market

Market value (also known as OMV, or "open market valuation") is the price an asset would
fetch in the marketplace, or the value that the investment community gives to a particular
equity or business. Market value is also commonly used to refer to the market capitalization of
a publicly traded company, and is calculated by multiplying the number of its outstanding
shares by the current share price.

Q- OPEN AND CLOSED SPECIFICATION (2012)

In contrast, closed specifications restrict the bidder, in varying degrees, as to which products,
materials or means can be used. ... Closed specifications limit the contractor's choice of methods
and materials.

A closed specification lists specific products, systems and manufacturers, with no alternatives
or mechanisms to apply a substitution. Closed specifications are most often seen when
matching a specification to an existing building, or when an exact duplication is important. By
default, closed specifications are proprietary. However, they can be made “open” by not
referring to a singular brand or providing requirements applicable only to a specific product.
This is commonly done by adding “or equal” after the listed brand.

Q- BETTERMENT CHARGES (2011)

Betterment fees is a charge collected by civic authorities in case a property has seen price
appreciation, driven by infrastructural development, including Metro, retail or commercial set-up (a
special economic zone, a mall or an IT park), an industrial corridor or better connectivity.
Q- DRAFT A TENDER NOTICE (2011)
`

Q- EXPLAIN RELATIONSHIP DIAGRAM OF PRESENT, PAST, FUTURE SCENARIO OF


ROLES OF ARCHITECTS, PMC, AND CLIENTS IN ARCHITECTURAL PROJECTS
(2018,15,14)

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