Professional Ethics Architecture

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Professional Practice & Ethics – I

SAR 1501

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UNIT 3- STATUTORY PROVISIONS GOVERNING ARCHITECTURAL PROVISIONS
Important Acts and Regulations
 Town & Country planning act
 Development Control Regulations (Chennai Metropolitan development Authority - CMDA )
 Consumer Protection Act
 Copy Right Act
 Persons with Disabilities Act
 Coastal Regulations Zone Act
 Heritage Act
 Land Acquisition Act
 Factories Act
 Cinema Act

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Town & Country planning act
Town and Country Act 1947 which establishes procedure to
control the growth of towns and cities. Control over land and
how the land has to be used and how and where the places
uses have to be planned. An Act have more control oriented
and made provision for development plan.

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Town & Country planning act
Objective :
• To replace the former system of planning control through rigid planning
schemes by a new system of control though flexible development plans
based on up-to date survey to review once in every 5 years.

• To make existing use value as the basis for compensation for compulsory
acquisition of land.

• Regional planning started here since the constitution of Joint planning


board for preparing regional schemes covering the jurisdiction of more
than one local authority.

Regional planning refers to the planning and management of a particular region or area. It
involves the identification of regional goals and objectives, the development of policies and
strategies to achieve these goals, and the coordination of various activities and programs to
implement these policies and strategies. Regional planning is essential for promoting
economic development, protecting natural resources, and improving the quality of life for
4residents.
Provision for development control, and how to control land use and also see the enforcement of planning
control ,orders for preservation of trees and woodlands. Here we can see how the development controls are
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Further it provided details on land acquisition and details on compensation on
compulsory land acquisition. In Town and Country planning law of 1968 which further improved
upon the limitation of this act .
Comprehensive system of planning and planning control based on development plans
prepared local planning authorities and approved by the central Government. These plans had to
indicate the manner in which local planning authorities proposed that land in its area should be
used and stages by which and development was to be carried out so it was very control oriented
and 21 years later the system was found to be in need to substantial change.

So we saw that there was need for flexibility so this particular act took care of development plan
prepared under Town and Country planning Act of 1947 were subjected to increased criticism.
original plan soon became outdated and they were rigid so the understanding of flexibility was
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coming.
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https://www.youtube.com/watch?v=OKVX5AVKR2Q https://youtu.be/CGE96UMk4GM
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Consumer Protection Act 1986
What is Consumer Protection Act?

Consumer protection act of 1986 lays down the foundation for the safety of consumers.
However, this act has been revised with the advent of time. The consumer has been
defined as any person who buys goods and or services for a consideration that the
seller has promised.

Rights of the Consumer

•The right to be protected against goods and services that might be hazardous to their life.
•The right to be informed about the quantity, quality, purity, standard, and price of the goods so that the
consumer is protected from any unfair practices.
•The right to be assured – Consumers have the right to meaningful access to goods & services and the
consumer chooses the best-fit product.
•The right to be heard- The consumer’s interest will receive due consideration in appropriate forums.
•The right to seek redressal- Consumers can seek redressal against unfair trade practices.
•The right to consumer awareness- Consumers are informed about the relevant practices in the market
and remedies available to them.

https://learningperspectives.in/blog/what-is-consumer-protection-act/

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Copyright Act 1957

Copyright Act protects the work of architecture even an


architect does not register under copyright act.

•As soon as you execute the work of architecture you are


conferred with the copyright of the present work. So it is not
necessary that you have to register under copyright act to
claim protection.

•However registration helps you to have a perception that


the copyright is yours. That is the thin line of difference and
this difference helps us to resolve dispute in infringement of
copyrights. So it is always better to register but it doesn’t
mean that if you fail to register you don’t have copyright on
the works of yours.

•Copyright Act protects the work of architecture for 50 years


even after the life. Your legal has can claimed protection for
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copyright act if there is any infringement for 50 years.
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PERSONS WITH DISABILITY ACT, 1995

The Government of India has put in place an Act for the disabled to make sure the
disabled also form an important part of nation building. The Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 came
into force on February 7, 1996. It is a significant step which ensures equal opportunities
for the people with disabilities. The Act provides for both the preventive and promotional
aspects of rehabilitation like education, employment and vocational training,
reservation, research and manpower development, creation of barrier- free
environment, rehabilitation of persons with disability, unemployment allowance
for the disabled, special insurance scheme for the disabled employees and
establishment of homes for persons with severe disability etc.

http://legislative.gov.in/sites/default/files/A2016-49_1.pdf

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Coastal Regulation Zone (CRZ)
In 1991, the Government of India issued a notification under
the Environment Protection Act, 1986 administered by the
Ministry of Environment and Forests (MoEF) to protect and
conserve the environment and ecosystem on the coastline of
the country.

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22 https://www.madrasclub.org/Aboutus
LAND ACQUISITION ACT, 1894
An Act to amend the law for the acquisition of land for public purposes
and for Companies. Whereas it is expedient to amend the law for the
acquisition of land needed for public purposes and for Companies and
for determining the amount of compensation to be made on account of
such acquisition

IMPORTANT STAGES OF ACQUISITION

● Preliminary stage
● Publication of Notifications
● Enquiry on objection petitions, if any.
● Survey and preparation of sub division records
● Preparation and Publication of Declaration
● Determination of compensation
● Awarding compensation
● Taking possession and handing over to R.A. Reference to courts
DETERMINATION OF COMPENSATION

Market value of land: Price paid for the same land, Price paid for
similar and similarly situated land in the vicinity. Price paid for adjacent
land having same advantage.
Sale should be with in a reasonable period and it should be bonafide.
The land under acquisition and the land selected as Basis should
possess similar advantage.

http://legislative.gov.in/sites/default/files/A2013-30.pdf
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CINEMATOGRAPH ACT, 1952

An Act to make provision for the certification of cinematograph films for exhibition and for
regulating exhibitions by means of cinematographs.

• The 1909 Cinematograph Act was introduced in response to concerns regarding the
safety of the buildings in which films were shown following a number of incidents
involving highly unstable nitrate film stock setting fire to a number of cinemas.
•The 1909 Cinematograph Act brought cinemas under local authority control and
required them to be licensed.
•The Cinematograph Act became enforceable on 1st January 1910.
• The Indian Cinematograph Act of 1952 is a law that governs the certification of
cinematograph films for display and the regulation of cinematograph exhibits.

Part I Preliminary
Part Ii Certification Of Films For Public Exhibition
Part Iii Regulation Of Exhibition By Means Of Cinematographs

25 https://www.cbfcindia.gov.in/main/CBFC_English/Attachments/cine_act1952.pdf
THANK YOU

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