AR 8.

2
PROFESSIONAL PRACTICE
8th Semester | Session 07
Varaha College of Architecture & Planning
Workmen's Compensation Act
 Workmen’s Compensation Act, 1923

• The workmen’s compensation act, 1923, is a type of social security

legislation that was enacted to make the employer liable for paying
the compensation to its employees who got effected or to their
dependents in case of demise.
• According to the compensation act of 1884, the employer would take
responsibility for the compensation of its workmen only when some
major or fatal accidents occur on road. However, in 1885, the mining
and factory inspectors realized that this Fatal Act, 1885, is not
sufficient.
• Legislative Assembly members, representatives of employer, experts
in medicine, workers, and insurance experts formed a committee that
provided a report that led to the Workmen’s Compensation Act, 1923.
 Scope, Applicability & Objective of Act

• Applicable for those workers who are working with an industry that is
mentioned in the act, across India except for Jammu and Kashmir. Does not
apply to the areas that are covered by the Employees State Insurance Act,
1948
• Protection of workmen from injuries and losses caused through an accident in
course of and arising out of the employment subject to specific expectations
as mentioned in the act
• Formed to provide compensation to the workmen at the time of an accident
• Duty and responsibility of the employer to include the welfare of the workers
when an injury is the result of the employment in the same way the employer
has reserved the right of making profits
 Employer Liability

• To make the employer pay the compensation at the time of injury or

death suffered by the employee or workman should be a
consequence of some accident in course of or out of his/her
employment depends on the following four conditions:
• The causal connection between the accident and the injury (which is personal
injury is caused to a workman while he/she is on work).
• The probability is based on the reason that work has contributed because of
personal injury.
• The accident and injury that is caused during the employment course.
• The applicant who proves that the accident or injury occurred during work
and its results strain that has aggravated or contributed to the injury.
 Exceptions

• An employer is not liable for paying the compensation if:

• An injury doesn’t result in partial or total disablement of the employee for
more than three days.
• Any injury that results in permanent total disability or death because of an
accident under the influence of drugs or alcohol.
• If an employee meets with an accident that is caused because of wilful
disobedience of the rules by him/her and wilful safeguard removal.
 Calculation of Compensation

• Performed according to the provisions under Section 4 of the Act

• In Case of an Accident that Results in Permanent Total Disablement:
an amount equal to 60% of injured employee’s monthly wage times
the relevant factor or Rs.1,20,000, whichever is more
• When an Accident Results in Death: An amount that is equal to 50%
of the monthly wage of the deceased employee into the relevant
factor or an amount equal to Rs.1,20,000, whichever is more
• According to the new rule mentioned by the government, Rs. 15,000
is considered as wage for computation
Consumer Protection Act
 Consumer Protection Act, 1986

• Consumer Protection Act is a milestone in the history of socio-economic legislation in India which
seeks to protect interests of the consumer
• The act enables the consumer to participate directly in the market economy
• It empowers the customer to fight against powerful business
• The main objective of the act is to provide better and all-round protection to consumers
• To safeguard against different types of exploitation such as defective goods, deficient services and
unfair trade practices
• When the authority allots a site or constructs a house for the benefit of common man, it is much
as a service as by the private builder or a contractor, if the service is defective or it is not what was
promised, then it would be “unfair trade practice” as defined in the act
• It provides for establishment of consumer protection councils at central, state and district levels to
promote and protect the rights of consumers and three tier quasi-judicial machinery to deal with
consumer grievances and disputes
 Precautions to Control Liability of Architects

• He should not sign any letter or document which he has not understood clearly. He should take
his time, consult a senior architect or a lawyer to understand its implications
• He should never promise anything which he cannot deliver in time or with its financial limit
• He should inform his client about any change made in the design or work schedule, any statutory
order affecting the progress of the work explaining its implications as quickly as possible
• He should report to civil authorities any violation of rules and regulations affecting the project
under his control, especially safety or building whether it is done by the contractor or the client
himself
• He should make sure that the wording of any certificate or a letter he issues fairly and impartially
reflects the limits of his authority
• He must obtain a letter of appointment as recommended by the council of architecture so that
the scope of his services and limits or his liabilities are clearly defined
 Example of Consumer Cases against Architect

• Owner has engaged architect to design and supervise flat interior works
• Material and labour service was procured by the client, after few months the contractor left the
job incomplete
• Later architect brought other contractors, but they also left the job incomplete, number of defects
were unattended
• Owner filled a complaint against architect in the consumer forum for “deficient service”
• Owner was claiming that architect is responsible for the defective work and he should refund the
fee and pay the owner a compensation for deficient service
• Architect succeeded in convincing the consumer forum that the dispute involved technical
matters and hence should be referred to IIA for arbitration
• IIA recommended past president as sole arbitrator, who conducted the hearings
• He gave his award stating that since owner had done the work departmentally by engaging labour
contractors and the architect had made reasonable deductions in labour contractors bills for
defective work, the architect cannot be blamed for deficient service.
Assignment
(on Architectural Practice)
 Assignment on Architectural Practice

• Types of offices for architectural practice; staff structure; filing of

records; correspondence and drawings; maintenance of accounts;
presentations in meetings, recording minutes of meeting.
• A small report to be prepared by each student after visiting an
architect's office. Each group should take different type of practice
(Proprietary Concern / Partnership / Private Ltd. Company)
• Name of the Firm to be submitted by 22nd June 2021
• Report on the Firm to be submitted on 26th June 2021
• Group Presentation on 28th June 2021 (9:30AM to 12:30PM)
 Groups

Group A Group B
17C31C4001 Bodapati Keerthi Devanandam 17C31C4002 CHEVVURU SAIMOHAN
17C31C4009 KOTHAKOTTA MOUNIKA 17C31C4005 GUNDA SUBHASH
17C31C4013 MURAPAKA PAVAN BHARADWAJ 17C31C4006 JAMPANA SAHITHI DEVI
17C31C4015 NAKKA KANAKA VIJAYA LAKSHMI 17C31C4012 MANTHRI TEJASRI
17C31C4020 Shaik Firdaus jahan 17C31C4014 NAGUPALLI GNANA PRADEEP
17C31C4022 VALETI JAYA RAVI TEJA 17C31C4017 PAKKI SWARNA MANISHA

Group C Group D
17C31C4007 KARETI MADHU BABU 16C31C4016 Abdul Wahab
17C31C4008 KAVALI VINISHA 17C31C4003 CHITEKELA SWAMI NAIDU
17C31C4010 Kattupalli Ruchi Joseph 17C31C4004 Gade venkata naga sai Ajay
17C31C4018 PILLI VEERA VENKATA CHANDRASEKHAR 17C31C4011 Lakkimsetti Divya Mani
17C31C4023 Nakka pravallika 17C31C4019 RAVI LIKHITHA
17C31C4024 Kadiri.Jahnavi 17C31C4021 SREE KAVYA SUDHAKAR