Unit - 1 A
Professional Practice
Standardization Bodies (ex. BIS, IRC)(formulating standards of practice)
Under the Bureau of Indian Standards Act, 1986, Bureau establishes Indian Standardsin relation to any article or process and amends, revises or cancels the standards soestablished as may be necessary, by a process of consultation with consumers,manufacturers, technologists, scientists and officials through duly constitutedcommittees.Standardization is an activity of establishing, with regard to actual or potential problems, provisions for common and repeated use, aimed at the achievement of the optimum degree of order in a given context.
The broad aims of standardization can be summarized as:
a) Provision of means of communication amongst all interested parties;
b) Promotion of economy in human effort, materials and energy in the production and exchange of goods
c) Protection of consumer interests through adequate and consistent quality of goods and services;
d) Promotion of the quality of life, safety, health and the protection of environment;
e) Promotion of trade by removal of barriers caused by differences innational practices.
Indian Roads Congress
The Indian Roads Congress (IRC) is the Apex Body of Highway Engineers in the country. The IRC was set up in December, 1934 on the recommendations of the Indian Road Development Committee best known as Jayakar Committee set up by the Govt. Of India with the objective of Road Development in India. Starting with a modest membership of 73 in 1934, the IRC has more than five million associates (direct/indirect) and over 16,700 registered members comprising of engineers & professionals of all Stakeholders of road sector from Central and State Governments, Public Sector, Research Institutions, Local bodies, Private sector, Concessionaires, Contractors, Consultants, Equipment manufacturers Machinery manufacturers, Material producers & suppliers, Industrial Associations, Multilateral & Institutional organization like World Bank, ADB, JICA, JRA, IRF etc.
Objectives of IRC
- To be the lead National Forum for sharing of knowledge and to pool our experiences and expertise collectively on the entire range of subjects related with road sector including the connected policy issues on road construction and road transportation.
- To promote the use of standard specifications confirming to the cutting edge technologies for construction and maintenance of roads, bridges, tunnels and road transportation.
- To align itself to global initiatives of environmental strategy for promotion of cleaner, less energy intensive and less polluting construction techniques, use of recycled wastes; minimize drawing of natural resources and encourage the profession to aim at earning carbon credit in life cycle analysis for road/transportation projects under Environment Management Plan (EMP).
- To promote efficient and well integrated transport system that serves the public interest by enhancing mobility and delivery safe, secure and environmentally responsible.
- Tocreate mass awareness to follow traffic regulations and ethics thereof.
- To pool knowledge (Library) with exchange facility through web to the reputed national and international organizations engaged in the profession and shared publications and literature conforming to cutting edge technologies.
- To advice regarding planning and design, transportation, legislation and research connected with development and maintenance of roads and road transportation.
Professional bodies (ex. Institution of Engineers India)
The Institution of Engineers (India) [IEI] is the largest multi-disciplinary professional body of engineers, established in 1920 with its Headquarters located in Kolkata and incorporated under Royal Charter on 9th September, 1935 by the then His Majesty of King George V. The Royal Charter endowed the Institution with the responsibility to promote the general advancement of engineering amongst its members and persons attached to the Institution. After Independence, the Institution is a “Body Corporate” protected under Article 372 of the Constitution of India. The Institution of Engineers (India) is administered by a National Council with the President as its Head.The Institution of Engineers (India) is the first professional body to represent India in several International Bodies, such as the World Mining Congress (WMC), the World Federation of Engineering Organizations (WFEO), the Commonwealth Engineers’ Council (CEC), the Federation International du Beton (fib), and the Federation of Engineering Institutions of South and Central Asia (FEISCA). It also has bilateral agreements with a number of professional societies across the globe.
The Tenets of the Code of Ethics
- Corporate Member shall utilise his knowledge and expertise for the welfare, healthand safety of the community without any discrimination for sectional or private interests.
- A Corporate Member shall maintain the honour, integrity and dignity in all hisprofessional actions to be worthy of the trust of the community and the profession.
- A Corporate Member shall act only in the domains of his competence and withdiligence, care, sincerity and honesty.
- A Corporate Member shall apply his knowledge and expertise in the interest of hisemployer or the clients for whom he shall work without compromising with other obligationsto these Tenets.
- A Corporate Member shall not falsify or misrepresent his own or his associates'qualifications, experience, etc.
- A Corporate Member, wherever necessary and relevant, shall take all reasonable steps to inform himself, his employer or clients, of the environmental, economic, social and other possible consequences, which may arise out of his actions.
- A Corporate Member shall maintain utmost honesty and fairness in making statements or giving witness and shall do so on the basis of adequate knowledge.
- A Corporate Member shall not directly or indirectly injure the professional reputation of another member.
- A Corporate Member shall reject any kind of offer that may involve unfair practice or may cause avoidable damage to the ecosystem.
- A Corporate Member shall be concerned about and shall act in the best of his abilities for maintenance of sustainability of the process of development.
- A Corporate Member shall not act in any manner which may injure the reputation of the Institution or which may cause any damage to the Institution financially or otherwise.
IIA/ COA
The Indian Institute of Architects (IIA) is the National body of Architects in the country. Established in 1917, the institute today has more than 20,000 members and plays a major role in promoting the profession of architecture by organising and uniting the Architects of India to promote aesthetic, scientific and practical efficiency of the profession both in Practice and in Education.IIA is represented on various national and international committees connected with architecture, art and the building industry and is also actively associated with International Union of Architects (UIA), The Architects Regional Council Asia (ARCASIA) and South Asian Association for Regional Co-operation of Architects (SAARCH).
Professional Duties of Architect:
1.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.
2. 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.
3. 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.
4. 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.
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.
ECI(Ethics and compliance initiative)
The Ethics & Compliance Initiative (ECI) is a best practice community of organizations that are committed to creating and sustaining high quality ethics & compliance programs. With a history dating back to 1922, ECI brings together ethics and compliance professionals and academics from all over the world to share techniques, research and, most of all, exciting new ideas.ECI is the leading provider of independent research about workplace integrity, ethical standards, and compliance processes and practices in public and private institutions.ECI assists organizations in building strong cultures and developing High Quality Ethics & Compliance Programs (HQPs) in line with the five pillars identified by an ECI Blue Ribbon Panel. Embracing these pillars as our own operational standard, ECI provides organizations with tools and benchmarking services that enable them to assess the relative strength of their culture and program, identify areas for attention and stay abreast of new developments and best practices.
ECI also supports E&C officers, individual practitioners, academics and thought leaders with a full calendar of educational programming, networking and idea exchange opportunities and professional certification services. Ours is a vibrant and active community of professionals that shares knowledge, encourages thoughtful innovation and explores new ideas to help organizations and individuals meet key objectives. The Ethics & Compliance Initiative (ECI) is a non-profit organization that empowers its members across the globe to operate their businesses at the highest levels of integrity. The organization provides research and a best practice community, as well as certification opportunities for ethics & compliance professionals. Through its membership, ECI represents entities across nearly every industry, located in 37 countries on six continents each dedicated to promoting the highest levels of integrity.
Key Takeaways
Under the bureau of indian standards act, 1986, bureau establishes indian standards in relation to any article or process and amends, revises or cancels the standards so established as may be necessary, by a process of consultation with consumers, manufacturers, technologists, scientists and officials through duly constituted committees. Standardization is an activity of establishing, with regard to actual or potential problems, provisions for common and repeated use, aimed at the achievement of the optimum degree of order in a given context.
Developers (role governed by regulations such as RERA)
The Real Estate Regulatory Authority (RERA) Code of Conduct comes into operation on March 1, 2018. The Code provides a guide to real estate professionals - brokers, sales agents and developers on their obligations and responsibilities while also demonstrating to the public the level of commitment and dedication they have to their profession.
1. Acting in best interests of client
When acting for a client a real estate professional and/or property developer must act in good faith in the best interests of the client.
2. Duty of care, diligence and skill
When acting for a client a real estate professional and/or property developer must exercise due care, diligence and skill.
3. Duty of honesty
When acting for a client a real estate professional and/or property developer must be honest in all dealings with the client, and other persons involved in a transaction.
4. Disclosure where related to Seller
When acting for a seller who is ‘related’, the real estate professional/property developer must disclose these details in writing to the purchaser. A real estate professional is considered to be ‘related’ to the seller if
- Has a controlling interest in the seller or any of his businesses
- Is a spouse, de facto partner, child, grandchild, sibling, parent or grandparent ofthe seller.
5. Confidential Information
A real estate professional/property developer must treat as confidential information obtained while acting for a client that has not been made public and that:
- Is by its nature confidential; or
- Was specified as confidential by the person who supplied it; or
- Is known by the sales agent, broker or developer to be confidential.
Information to be treated as confidential must not, directly or indirectly, be disclosed by or to the real estate professional/property developer to another person, unless:
- The disclosure of the information is required by law; or
- The client is fully informed of the proposed disclosure and agrees to it in writing
6. Developer
Sales Process A real estate professional/property developer selling units off plans must allow prospective buyers the time to make an informed decision and provide disclosure information on the development to include development financials, forecasts on maintenance, articles of association and information that better informs the prospective buyer of their rights and obligations. Developers must agree to first enter into a ‘reservation agreement’ with the prospective buyer whereby the unit selected is reserved exclusively by the prospective buyer. This prospect in turn has seven days to review the information and must then enter into a ‘binding’ agreement’ with the developer to proceed with the sale. If the prospective buyer does not respond in that period – then the developer has the right to sell the unit to another buyer.
Consultants (role governed by bodies such as CEAI)
Consulting Engineers Association of India (CEAI) is the apex body of consulting engineers in India having membership of organisations as well as individuals. The membership represents large, medium and small consultancy companies/ organisations both in the private and public sector and eminent individual consultants. EPC organisations are also members of CEAI since they have specialists in planning, design engineering, apart from construction management.
The code of ethics
1. Ensure that his/her professional service safeguards and enhances health, happiness and safety of the Society.
2. Ensure that his/her professional service upholds the principles of environmentally sustainable development.
3. Refrain from expressing in Public an opinion on a professional subject unless he/she is sufficiently informed on the facts relating to the subject.
4. At all times, uphold the dignity, standing and reputation of the Profession.
5. Maintain knowledge and skills at levels consistent with development in technology, legislation and management, and apply due skill, care and diligence in the services rendered to the client.
6. Refrain from performing any service unless competent to perform the same.
7. Act at all times in the legitimate interest of the client and perform professional services with integrity and faithfulness.
8. Act with fairness and justice towards his/her client and the vendor in all matters pertaining to contracts.
9. Be impartial in his/her professional advice, judgement or design.
10. Not accept remuneration which prejudices independent judgement.
11. Inform the client of any potential conflict of interest that might arise in the performance of the commission.
12. Not directly or indirectly injure or attempt to injure the professional reputation or practice or prospects of another fellow professional.
13. Not associate in work with a professional who does not conform to the ethical practices laid down in this Code.
14. Not try to supplant another CEAI member in any particular employment nor attempt to intervene in work of any kind which to his/her knowledge has already been entrusted to another professional.
15. Not review or take over the work of another CEAI member for the same client, except with the consent of the second member, unless he/she has been notified in writing by the client that such engagement or the work which is the subject of review has been terminated.
16. Not disclose confidential information concerning assignments or technical process of client without his/her consent.
17. Endeavour to provide opportunity for the professional development and advancement of professionals in his/her employment.
Key Takeaways
- The real estate regulatory authority (rera) code of conduct comes into operation on march 1, 2018. The code provides a guide to real estate professionals - brokers, sales agents and developers on their obligations and responsibilities while also demonstrating to the public the level of commitment and dedication they have to their profession.
Contractors (role governed by contracts and regulatory Acts and Standards)
QUALITY AND SAFETY MANAGEMENT
All participating Member States agreed that the most important elements in effectively controlling contractors are the assurance mechanisms, including the preparation, agreement and implementation of a comprehensive quality and safety management programme based on either specific provisions in the nuclear legislation or suitable arrangements entrenched in licence conditions and regulations. In accordance with the report INSAG-13, Management of Operational Safety in Nuclear Power Plants, the term ‘safety management system’ is not to be taken to suggest that safety is managed separately from other activities. Neither should it be seen as an optional extra. Safety is an integral component of the way a whole organization is managed and must have the involvement and active participation of all staff. Consequently, an organization’s safety management system is generally considered to be an integral part of its quality management system. Figure 2 illustrates the components of safety management as summarized for this report. The contractor’s quality and safety management programme needs to be acceptable to the regulatory body and the operating organization and be evaluated prior to contract commencement. The training arrangements for contractor staff, in particular, need to be clearly specified and documented within the quality and safety management programme. This needs to define the scope, depth and duration of the training, together with an acceptable audit programme to verify the effectiveness of training. Training needs to be regarded as a key component in the improvement of contractor performance. The quality and safety management programme also needs to cover all the licensing, authorization or registration requirements for contractors and the evaluation arrangements for monitoring contract status, feedback and details of contractor performance (including the chain of subcontractors).The operating organization is required to establish clear requirements for contractors to demonstrate that the quality level they will achieve is equal to or higher than the national regulatory requirements. These requirements would also be part of a system to incorporate the areas of negotiation, planning, execution, reporting, listing of qualified contractors and subcontractors, and enforcement arrangements put in place by the operating organization to control contractors. Situations where the regulatory body and the operating organization use the same contractor are to be avoided, but this is not always possible or practical. Where there may be a possibility of conflicting interest, steps need to be taken to ensure maximum separation of work and personnel within the contracting organization. This may require additional controls to be put in place to facilitate practical independence. Some Member States have licence conditions which preclude a contractor from conducting peer reviews or evaluations of work with which they have undertaken. Similarly, contractors are not allowed to inspect any work or item which they were involved.
METHODS FOR ASSESSING AND CONTROLLING CONTRACTORS
The evaluation of contractors by the regulatory body or operating organization, and their licensing, authorization or registration of approval may consist of a series of audits before and during the execution of the contract. Each stage of a facility’s life requires control of contractors through a well-documented and recognized quality system based on acceptable standards. Manufacturing usually carries with it specific requirements and standards for testing and acceptance which are more easily verified than on-site contractor work. There seems to be little difference between the approaches taken for the handling of contractors at the various facility life stages but whatever the type or stage of contractor activity it should follow the same rigorous and proceduralised process of audit, supervision and assessment of performance. Where the regulatory body or the operating organization do not have the in house capability or require additional support, then the use of individual experts may be necessary to provide specialist assessment and advice on contractor performance. In some Member States the regulatory body investigates the legal standing and work record of the contractor company, its list of subcontractors, its resource capability (financial, staff, equipment, etc.), and the staff training proposals for both on and off-site work. These checks are usually followed by independent, external audits and inspections to verify the contractor’s claims. In some Member States the period for which a license or authorization to a contractor is granted is dependent upon the known history of the contractor. Therefore, well known and established companies usually get longer license periods than relative newcomers. One of the means used by operating organizations to ensure that the contractor maintain an acceptable standard of work is to demand delivery of a fully documented account of the contractor’s activities, results and performance at the end of the contracted work. This needs to be a pre-contract condition which will enable the regulatory body, operating organization and the contractor to monitor progress and compare the performance to the requirements. Every contractor needs to be held accountable for meeting the agreed contract conditions and a good contractor will not object to showing what has been done. This is particularly appropriate when penalty clauses or dispute conditions are specified in the contract and it may assist the contractor or the operating organization in any resulting legal dispute. It was considered that it is often impractical and unproductive to apply the rules of acceptance for local contractor to foreign contractors, and some Member States reported that they usually choose foreign contractors according to their quality performance, reputation andtrack record as acknowledged in their own country or worldwide. This is usually supplemented by external audits on the contractor. In some cases, opinion of third party on a contractor’s suitability is utilized by the regulatory body or operating organization. Methodologies for the evaluation of contractors depend upon the regulatory system of the Member States. As previously stated, there are two main regulatory strategies used by the Member States, direct control by the regulatory body or direct control by the operating organization, or a combination of these two. Where the regulatory body takes direct control, often in areas of high safety significance, and it licenses or authorizes contractors, a great deal of effort is required. Typical tasks will include:
— analysing the information in the contractor’s licence application
— assessing the work content
— evaluating the contractor’s resources and capabilities
— evaluating the quality system
— deciding on which codes, regulations, etc. will apply to the work
— determining the long term availability of skilled/specialist staff
— incorporating recommendations from the operating organization
— auditing and inspection of contractors.
Key Takeaways
- All participating member states agreed that the most important elements in effectively controlling contractors are the assurance mechanisms, including the preparation, agreement and implementation of a comprehensive quality and safety management programme based on either specific provisions in the nuclear legislation or suitable arrangements entrenched in licence conditions and regulations.
Manufacturers
A contract manufacturer (“CM”) is a manufacturer that enters into a contract with a firm to produce components or products for that firm. It is a form of outsourcing. In a contract manufacturing business model, the hiring firm approaches the contract manufacturer with a design or formula. The contract manufacturer will quote the parts based on processes, labor, tooling, and material costs. Typically a hiring firm will request quotes from multiple CMs. After the bidding process is complete, the hiring firm will select a source, and then, for the agreed-upon price, the CM acts as the hiring firm’s factory, producing and shipping units of the design on behalf of the hiring firm.
Service Provider
A service provider is engaged to provide an e-Procurement system covering the following:
i) All steps involved, starting from hosting of tenders to determination of techno-commercially acceptable lowest bidder, are covered;
Ii) The system archives the information and generates reports required for the management information system/decision support system;
Iii) A helpdesk is available for online and offline support to different stakeholders;
Iv) The system arranges and updates the Digital Signature Certificate (DSC) for Departmental users; and
v) Different documents, formats, and so on, for the e-Procurement systems are available.
Key Takeaways
- A contract manufacturer (“cm”) is a manufacturer that enters into a contract with a firm to produce components or products for that firm. It is a form of outsourcing. In a contract manufacturing business model, the hiring firm approaches the contract manufacturer with a design or formula.
References:
1. B.S. Patil, Legal Aspects of Building and Engineering Contracts, 1974.
2. The National Building Code, BIS, 2017
3. RERA Act, 2017
4. Meena Rao (2006), Fundamental concepts in Law of Contract, 3rd Edn. Professional Offset
5. Neelima Chandiramani (2000), The Law of Contract: An Outline, 2nd Edn. Avinash Publications Mumbai
6. Avtar singh (2002), Law of Contract, Eastern Book Co.
7. Dutt (1994), Indian Contract Act, Eastern Law House
8. Anson W.R. (1979), Law of Contract, Oxford University Press
