Theme: Labour & Employment

Punishment for Employers against Child Labour

Any person who employs a child below 14 years of age can be punished with:

  • Jail time between six months and two years and/or
  • Fine between Rs. 20,000 and Rs. 50,000.

The Court will decide if only jail time is sufficient or if a fine needs to be paid as well.

Any person who employs an adolescent between 14 and 18 in the illegal occupations, can be punished with:

  • Jail time of between six months and two years and/or fine between Rs. 20,000 and Rs. 50,000.
  • Jail time between one to three years if a person continues with child labour after having been punished once.

Complaining against an Architect

A person can complain about an architect’s conduct if the architect does not exhibit fairness and impartiality in a work assigned, or is caught taking commission or any such inducements, or any other forms of professional misconduct. You can complain to the Council of Architecture.

Council of Architecture

The Council of Architecture is a statutory body constituted by the Government of India under the provisions of the Architects Act, 1972, enacted by the Parliament of India. The Council of Architecture is charged with the responsibility to regulate the education and practice of professional architects throughout India, besides maintaining the register of architects. Further, it oversees architectural standards periodically by way of conducting inspections through Committees of Experts.

Process of complaint and penalties against an architect

Any violation of the duties of an architect will be considered as professional misconduct and will attract disciplinary action. Additionally, the Council can take any of the three actions listed below after an inquiry:

  1. Reprimand the said architect
  2. Suspend their practice as an architect
  3. Remove their name from the register of architects(( Section 30, Architects Act, 1972))

You can find a format of a complaint here. A committee constituted by the Central Government looks into all complaints against architects and inquiries relating to misconduct of architects. (( Rule 35(1), Council of Architecture Rules, 1973))

Further, in case you come across any unregistered person who is impersonating someone, posing, misrepresenting or misusing the title of ‘Architect’, you can file a complaint against such person(s) along with relevant supporting documents online at the Complaint form available on the Council’s website.

Filing a Complaint against Child Labour

You can complain about any instances of child labour in the following manner:

Telephone Helpline – Call 1098

1098 is a toll-free number and it operates across India. It is operated by Childline India Foundation which works for child rights and child protection. Anyone, including children themselves, can call and give information on this number. You should educate children at schools or children who are working, about this helpline number so that illegal acts of child labour can be prevented.

When you call 1098: Your call will be received by a person who you can give the following information to:

  • Name of the child (if you know).
  • Age (You can give an estimate).
  • Description of the Child.
  • Address ( You have to specifically give the exact location and any landmarks if you know).

 

After you call 1098: The person attending your call will give your information to the ground staff at the district where the child is. The ground staff comprises of a social welfare organization and members of the ChildLine India Foundation. They might call you back to find out more details or ask more doubts about the child. They will then make an inquiry and with the combined efforts of the following departments, they will take action:

  • Labour Department.
  • Police.
  • Department of Anti-Human Trafficking.
  • NGO’s and partner organizations.

Call the State Commission for Protection of Child Rights

You can also call the State Commission for Protection of Child Rights. Refer here and file a complaint with your particular State’s Commission.

Online Complaint

You can file an online complaint under the Child Labour Section, with the Ministry of Labour and Employment. The most important things that you should fill out are:

  • Description of the child employed.
  • State and district where the child is being employed.
  • Your details- Name, Mobile Number and E-mail ID.

Police Station

When you go to the police station to complain about a case of child labour that you have seen or heard about, they will ask you to file an FIR. You should make sure you give all the information you know about the child labour incident that you have witnessed.

Post

You can make the complaint to the National Commission for Protection of Child Rights in any language and there are no fees that will be charged on you. You can write to the following address:

Chairperson, National Commission for Protection of Child Rights, 5th Floor, Chanderlok Building, 36, Janpath, New Delhi – 110 001

Duties of an Architect

Architects have several duties by which they have to practice their profession. This includes maintaining etiquette, following architectural guidelines for buildings etc.

General Duties of an Architect

  • Provide the employees and associates with a suitable working environment, compensate them fairly and facilitate their professional development.(( Regulation 2(1)(xix), Architects (Professional Conduct) Regulations, 1989))
  • Every partner shall ensure that when an architect enters into a partnership agreement with one or more architects, the firm also complies with the provisions of the sub-regulation.(( Regulation 2(2), Architects (Professional Conduct) Regulations, 1989))
  • Ensure that their professional activities do not conflict with their general responsibility to contribute to the quality of the environment and future welfare of society.(( Regulation 2(1)(i), Architects (Professional Conduct) Regulations, 1989))
  • Compete fairly(( Regulation 2(1)(xi), Architects (Professional Conduct) Regulations, 1989)) and maintain a high standard of integrity.(( Regulation 2(1)(viii), Architects (Professional Conduct) Regulations, 1989))

Architect’s duties towards clients

  • Inform the client of the conditions of engagement and scale of charges, and agree that these conditions shall be the basis of the appointment.(( Regulation 2(1)(iv), Architects (Professional Conduct) Regulations, 1989))
  • Not give or take discounts, commissions, gifts or other inducements for the introduction of clients or of work.(( Regulation 2(1)(vi), Architects (Professional Conduct) Regulations, 1989))
  • Act with fairness and impartiality when administering a building contract.(( Regulation 2(1)(vii), Architects (Professional Conduct) Regulations, 1989))

Architect’s duties towards the profession

Some of the architect’s duties to the profession are not to:

  • Sub-commission an architect’s work to another architect. However, this can happen if the client agrees to it.(( Regulation 2(1)(v), Architects (Professional Conduct) Regulations, 1989))
  • Attempt to supercede or replace another architect.(( Regulation 2(1)(xiii), Architects (Professional Conduct) Regulations, 1989))
  • Attempt to obtain, offer to undertake or accept a commission for which they know another architect has been selected or employed, until they have evidence that the selection, employment or agreement has been terminated. Additionally, they have to give the previous architect written notice.(( Regulation 2(1)(xv), Architects (Professional Conduct) Regulations, 1989))
  • Advertise professional services. An architect should not allow their name to be included in advertisements or used for other publicity.(( Regulation 2(1)(xxv), Architects (Professional Conduct) Regulations, 1989))