01 - First of all, it is for the professionals, who have been authorized to give proper advice, to know and understand the laws in letter and spirit. Architectural profession is the last one amongst other professions to receive the recognition under the laws, after Independence, and in due course of time the Council of Architecture also came into being. Though this Act is said to be on the lines of similar Act in other countries all over the world, it has the same 'scheme' of regulating this profession, as has been adopted in the case of other professions like, legal, medical and accountancy. Unfortunately, the persons at the helm of affairs of the Council of Architecture were not well prepared to play their role. In stead of studying the provisions of the Act and trying to arrive at the correct and coherent interpretation, the Council of Architecture started seeking advice from different quarters.
02 - This afforded an opportunity to those who were trying to scuttle the move right from the beginning. They succeeded in feeding wrong ideas and interpretations to those who influenced the decisions of the Council of Architecture. It is for this reason, that in spite of an Act of Parliament, restricting the architectural profession, only to those who have been registered under the Act, the Council of Architecture has directed the local Authorities to issue licenses to architects and did not make any effort to stop the earlier system of licensing which allowed the local authorities to induct unqualified persons in the field of architecture, statutorily restricted to architects alone. This is the main cause of the present state of the architectural profession.
03 - Another reason is that we blindly adopted the British systems and committed the same mistakes of division the construction activities in the name of specialization. To-day, we find that all the fragmented activities are termed as engineering activities and therefore are being undertaken by persons other than architects. The Institution of Engineers has started a course called “Architectural Engineering”. A case is being made out by these men that every activity involved in erection of a building is an engineering activity and once architectural engineering is taught and established in the society, by such means, the engineer shall also claim a right to practice the architectural profession, on the strength of the specific engineering qualifications, even without obtaining the registration under the Architects Act.
04 - We have to work for the synthesis of all the activities involved in the design, planning and erection of buildings or structures for the benefit of the people. In medical profession, every specialist is a Registered Medical Practitioner and then undertakes the professional activities as a Specialist in any branch of the medical profession. We should think on the similar lines. Architects, after their registration should acquire enough knowledge and specialize in any of the subjects related to every type of construction activity, ranging from the residential buildings to factory buildings and hydel or thermal or atomic electric power stations.
Architect as a Professional
05 - Before we discuss about the rights of a professional, and the necessity of restricting the professional activity only to the recognized persons, it is necessary to understand the proper meaning of the words 'profession'; 'vocation'; 'service'; and 'business' or 'trade'.
Definition of the word “Profession”
06 - We live in a group of people, called ‘society’. Every person living in the society earns his livelihood by doing something for another individual and receiving from him something either in the form of articles or money of equivalent value, which is assessed by both the parties before entering into a transaction. When one person extends physical help to another person, the activity is said to be the 'work' and the person doing that activity is referred to as a 'worker'. When one works for another person, using his skills, he is called a 'skilled worker' and the activity is called the 'vocation'. When a person makes available some article, either by producing or bringing it from a distant place for making it available to other persons, the activity is called the 'business' or 'trade'. When a person who makes available his knowledge and experience, in some subject, to another person, so as to enable him to arrive at the proper decision, remaining within the framework of law and which is also beneficial to him, is called as the 'adviser' and the activity is referred to as the 'profession'.
07 - The money paid in return for each of such activities is also termed differently. The payment made to a person employed for doing some physical work, if on daily or weekly basis, it is called the “wages”; if on monthly basis, it is called “salary”; if on yearly basis or on contract basis for a specific period, it is called a “compensation package” or a “remuneration”; if someone does some work on humanitarian grounds or out of love, the token amount paid is termed as “honorarium”. The payment made in these transactions is directly related to the quantity and the quality of work done.
08 - The payment made against a sale of goods or articles is called the “price”, which includes the “cost” of producing and procuring the material or article plus the profit of the seller, which includes the interest on the money invested and also the money to cover the risk of damages in transit and storage. Even in this case, the amount is related to quantity and quality of material and the services involved in the transactions.
09 - In the case of payment made to a professional, it is termed as “fee”. It is not related to the quantity and the quality because what is transacted is only a mental image; and only in some cases it is communicated through documents.
10 - It must be clear that a 'professional' means a person, who engages himself in an activity of making available his knowledge and experience to another person to enable him to arrive at the proper decision. It is the experience of our earlier generations that one needs some reliable and trustworthy person for seeking proper advice in the matter relating to law, medicine, architecture and accountancy. In almost all societies all over the world, the respective Governments have made statutory provisions to identify the educational qualifications and the persons possessing such qualifications and restricting the professional activity in the respective fields only to those persons, who have been so identified. This is being done to afford protection to the general public against the activities of quacks and unqualified persons.
The intent of Acts passed by the Parliament of India
11 - In our country, the Parliament has enacted laws to protect general public from malpractices has established the Indian Standards Organization, to specify acceptable standards for different materials and workmanship. To protect the 'workers' and laborers; in their day to day life in activities and transactions, the Minimum Wages Act, the Workmen’s compensation Act, etc. are enacted. In every case of ordinary work, skilled work or a supply of materials or articles, the quantity and quality can be judged and the value of the transaction can be decided by mutual agreement between the parties; but in case of 'advice' the quantity and quality can not be decided, either before or after, seeking it and there is no alternative than to trust the adviser.
12 - Every Act in such cases is designed to protect the general public by statutorily restricting the particular activity to individuals identified under the Act and setting out the minimum standards for conducting the respective professional activity. It also provides for removing the names of those who do not follow the standards of the profession. The regulatory bodies created under its provisions have been assigned the task of maintaining the register of identified professionals and to look into the complaints of professional misconduct.
13 - The words 'professional' and 'amateur' are in vogue, also in the field of activity related to, literature, music and drama. The 'professionals' are those who engage themselves in the respective activities, for life-time and the income from that activity is the only source of their livelihood; and 'amateurs' are those who occasionally indulge in such activity as a hobby and their livelihood does not solely depend on the in-come from that activity.
14 - Nowadays the word “professional” is being used in many English newspapers, very loosely. Notorious killers are also being referred to as 'Professional killer'. Many varieties of engineers have been already describing themselves as professionals. This has created confusion amongst general public. It has become very difficult, even for the well-educated persons, to properly identify and describe the professional, vocational and the business or trading activity. In the present situation it has virtually become impossible to lead a life of a professional in its true sense.
15 - There is yet another difference in a professional and an amateur. In case of a professional, the financial in-come from the activity is sole source of his livelihood and therefore he tries his best to perform to achieve success by avoiding wastage and to fulfill the desire of his client; but in case of an amateur, he may pursue the activity till it is pleasurable and when faced with some difficulties or constraints, he may leave the job without completing it and thereby his client may be put to loss.
Architect as a Professional
05 - Before we discuss about the rights of a professional, and the necessity of restricting the professional activity only to the recognized persons, it is necessary to understand the proper meaning of the words 'profession'; 'vocation'; 'service'; and 'business' or 'trade'.
Definition of the word “Profession”
06 - We live in a group of people, called ‘society’. Every person living in the society earns his livelihood by doing something for another individual and receiving from him something either in the form of articles or money of equivalent value, which is assessed by both the parties before entering into a transaction. When one person extends physical help to another person, the activity is said to be the 'work' and the person doing that activity is referred to as a 'worker'. When one works for another person, using his skills, he is called a 'skilled worker' and the activity is called the 'vocation'. When a person makes available some article, either by producing or bringing it from a distant place for making it available to other persons, the activity is called the 'business' or 'trade'. When a person who makes available his knowledge and experience, in some subject, to another person, so as to enable him to arrive at the proper decision, remaining within the framework of law and which is also beneficial to him, is called as the 'adviser' and the activity is referred to as the 'profession'.
07 - The money paid in return for each of such activities is also termed differently. The payment made to a person employed for doing some physical work, if on daily or weekly basis, it is called the “wages”; if on monthly basis, it is called “salary”; if on yearly basis or on contract basis for a specific period, it is called a “compensation package” or a “remuneration”; if someone does some work on humanitarian grounds or out of love, the token amount paid is termed as “honorarium”. The payment made in these transactions is directly related to the quantity and the quality of work done.
08 - The payment made against a sale of goods or articles is called the “price”, which includes the “cost” of producing and procuring the material or article plus the profit of the seller, which includes the interest on the money invested and also the money to cover the risk of damages in transit and storage. Even in this case, the amount is related to quantity and quality of material and the services involved in the transactions.
09 - In the case of payment made to a professional, it is termed as “fee”. It is not related to the quantity and the quality because what is transacted is only a mental image; and only in some cases it is communicated through documents.
10 - It must be clear that a 'professional' means a person, who engages himself in an activity of making available his knowledge and experience to another person to enable him to arrive at the proper decision. It is the experience of our earlier generations that one needs some reliable and trustworthy person for seeking proper advice in the matter relating to law, medicine, architecture and accountancy. In almost all societies all over the world, the respective Governments have made statutory provisions to identify the educational qualifications and the persons possessing such qualifications and restricting the professional activity in the respective fields only to those persons, who have been so identified. This is being done to afford protection to the general public against the activities of quacks and unqualified persons.
The intent of Acts passed by the Parliament of India
11 - In our country, the Parliament has enacted laws to protect general public from malpractices has established the Indian Standards Organization, to specify acceptable standards for different materials and workmanship. To protect the 'workers' and laborers; in their day to day life in activities and transactions, the Minimum Wages Act, the Workmen’s compensation Act, etc. are enacted. In every case of ordinary work, skilled work or a supply of materials or articles, the quantity and quality can be judged and the value of the transaction can be decided by mutual agreement between the parties; but in case of 'advice' the quantity and quality can not be decided, either before or after, seeking it and there is no alternative than to trust the adviser.
12 - Every Act in such cases is designed to protect the general public by statutorily restricting the particular activity to individuals identified under the Act and setting out the minimum standards for conducting the respective professional activity. It also provides for removing the names of those who do not follow the standards of the profession. The regulatory bodies created under its provisions have been assigned the task of maintaining the register of identified professionals and to look into the complaints of professional misconduct.
13 - The words 'professional' and 'amateur' are in vogue, also in the field of activity related to, literature, music and drama. The 'professionals' are those who engage themselves in the respective activities, for life-time and the income from that activity is the only source of their livelihood; and 'amateurs' are those who occasionally indulge in such activity as a hobby and their livelihood does not solely depend on the in-come from that activity.
14 - Nowadays the word “professional” is being used in many English newspapers, very loosely. Notorious killers are also being referred to as 'Professional killer'. Many varieties of engineers have been already describing themselves as professionals. This has created confusion amongst general public. It has become very difficult, even for the well-educated persons, to properly identify and describe the professional, vocational and the business or trading activity. In the present situation it has virtually become impossible to lead a life of a professional in its true sense.
15 - There is yet another difference in a professional and an amateur. In case of a professional, the financial in-come from the activity is sole source of his livelihood and therefore he tries his best to perform to achieve success by avoiding wastage and to fulfill the desire of his client; but in case of an amateur, he may pursue the activity till it is pleasurable and when faced with some difficulties or constraints, he may leave the job without completing it and thereby his client may be put to loss.
(Excerpts from my paper submitted in 1998 to the Council of Architecture, New Delhi at the request of its President Ar. Premendra Raj Mehta)