CEAI NewsLetter September 2013 · PDF fileIn doing so the professional engineers ... It was that dedication and involvement that gave rise to the code of ... products, techniques,

CONSULTING ENGINEERS ASSOCIATION OF INDIA .

CEAI NewsLetter September 2013 1

CEAI NEWSLETTER

September 2013 FROM THE PRESIDENT’S DESK.…

Dear fellow Consulting Engineers,

The monsoons have been good and ought to get the economy out of the mire. The projects which had been stalled for various reasons are also being fast tracked. With that the stage will be set once again for the engineering fraternity to get back to the grind. In doing so the professional engineers should bear in mind that they are responsible and accountable for “safeguarding health, happiness and safety of the Society”. We had talked about this in the April 2013 issue of the CEAI Newsletter but it is felt that it needs more elaboration. Hence the same is contained under “Responsibilities and Accountabilities of Engineers” in this issue.

The matters emanating from the Council of Architecture’s Public Notice and writ petitions are being pursued by your Association in conjunction with others. The progress has been good – representations have been sent to the Ministries concerned of the Government of India, Press Conference had been held to alert the media and through it the public at large. Greater awareness will be further built up through the websites of the associations.

The FIDIC Centenary Conference also went off very well and one of our members – Mr. K K Kapila has been elected to the Executive Committee of FIDIC. The developing countries have got more representation now. Mr. S C Mehrotra, as is his wont, built up the membership of FIDIC to 97 (around 50%) countries of the world under his able stewardship of the FIDIC Membership Committee.

Your associations along with the Indian Association of Structural Engineers and the Structural Engineering World Congress (India) are holding the “International Colloquium on Architecture-Structure Interaction for Sustainable Built Environment”. With a number of eminent speakers, both foreign and Indian, it is a colloquium which should not be missed. It will be an excellent opportunity to exchange and absorb ideas.

With best regards

A P Mull



Responsibilities and Accountabilities of Engineers - A P Mull & Jeffrey Nambiar

The festive season has begun but the ugly face of collapses, explosions, etc. rear their head time and again. When will that end? When will the people behind the projects especially the professional engineers realize that they are responsible and accountable for “safeguarding health, happiness and safety of the Society”. Lest we forget, let us recall that it was the engineers who heralded the Industrial Revolution, it was they who enabled the nations to build large scale infrastructure – housing, hospitals, rail, roads, ports, airports, etc., whose discovery and innovations have stretched from the humble lever, to the steam engine, the automobile, trains, airplanes and a slew of others and at long last the computer which truly revolutionized the way we now conceive all ways of life. It was they who invented plants of all kinds right from extracting or harnessing and generating energy sources to those which turn around raw material to finished products all of which have greatly impacted societies around the world in their journeys of transformation, upliftment, growth and sustenance. All this could be achieved only because of the dedication of the engineers to their profession. They took a pride in whatever they did and at many times took risks. Some failed but from those failures new learning emerged which they absorbed and got back with renewed energy to achieve success. They truly lived the saying “Try and try again boys, At last you will Succeed.”

It was that dedication and involvement that gave rise to the code of ethics of various engineering associations. A comparative review of the code of ethics prevalent in engineering associations in other countries proves that the prime requirements of safety, health and welfare of the society, as also enshrined in the CEAI Code of Ethics, are similarly embodied in the code of those societies. The common underlining focus being - responsibility and accountability to society.

One may question as to why it is so. The explanation is simple. Engineers hold a privileged position in society only because it is the society which has provided all the facilities in terms of education and training, thus enabling them to become engineers and then entrusting them with the responsibility associated with their particular professional practice. With that being the case engineers are indebted to society and must therefore give back to the society by practicing in their area of capability and experience with integrity and impartiality, keeping abreast of new developments and of latest technology – materials, processes, products, techniques, updated codal requirements, etc.

At times while discharging professional duties an engineer may have to make a choice between what is good for society and the requirements of a client. In that case an engineer’s call has to be for the good of the society. The same principle applies even vis-à-vis an employer and an employee. The professional engineer is to abide by, nay, commit to high principles and standards of conduct.

Dilemmas abound while executing any assignment. In all these circumstances the engineer must remain steadfast to the cause of the profession, give the correct advice regarding complying with all regulatory and statutory requirements, carry out all the works diligently and act with integrity in a



manner to uphold and enhance the dignity and honour of the engineering profession.

With the ever increasing scale and complexity of projects involving multidisciplinary inputs, engineers need also to learn to work as part of a team, communicate their ideas, discuss and evolve the best solution for the given parameters and conditions. To progress and grow they must also suitably adopt the best prevailing practices in the profession.

Situations may also arise where the engineer’s advice may be overruled; in which case the engineer ought to ensure that the professional engineering judgment and advice given are reduced to writing. This is especially necessary where safety, health and welfare of society are at risk – with potential disasters (in short term or long term) awaiting life or property.

Complex situations also arise when working to a contract which requires that the engineer acts with reasonable skill and care as required by the assignment/ work. The requirement of “Duty of Care and Exercise of Authority” usually reads as “Not withstanding anything else in the Agreement or any legal requirement of the Country or any other jurisdiction, the Consultant shall have no other responsibility than to exercise reasonable skill, care and diligence in the performance of his obligations under the Agreement”. That is an all encompassing clause to put all on alert.

To that is now being clubbed ‘fitness for purpose’, a rather vague requirement since all parameters are neither quantifiable at the design stage nor always measurable at the time of commissioning. However, this aspect can be minimised in a regulated environment, with proper communication protocols right from scratch through to the implementation level. Each party contracted to complete and commission the project must then act diligently to fulfill their obligations, in letter and spirit.

It goes without saying that for an output to withstand the rigors of its designed lifetime, quality has to be built in at all levels right unto the end, to ensure stability against premature collapse of a structure or failure of a system. That necessarily includes capturing all local conditions (below and above ground) into the designs by engineers of the respective disciplines, selection of proper and compatible systems, materials, etc., adopting the correct analysis and design algorithms, construction/ fabrication & erection, to be under competent and objective oriented supervision, all taking into account serviceability and maintainability throughout its lifetime, by competent (knowledge, capability and experience) personnel with the correct attitude. The operations and maintenance has to be done by the owner and those personnel, again competent ones, need to be brought in while the project is in progress so that they know and understand what all has gone in to making it.

Engineer’s now a day’s also tend to ‘innovate’, give ‘value addition’, etc. or function at lower professional fees –which they discover rather late, is not a sustainable proposition. Yet the engineer is called upon to make sustainable designs as a goal. The two are incompatible and one needs to think it through, whether it is desirable to enter into such an arrangement sometimes even with lower fees, especially when the responsibility of failure is most often attributed to a lack on the Engineer’s part. This may be even if the decision leading to such may have been taken or given by a higher authority at the owner’s level. The summum bonum being that there is no shortcut to getting the job done right, the first time.

All this leads us next to what the law has to say. Although the engineer is bound by the contract and



is governed by the law of the land the engineer needs to bear in mind that the larger public good must take precedence over any personal contract and so must be cautious and judicious when entering into one. Employers and Owners need to appreciate this and not constrict or obstruct the loyalty of the engineer to follow the codes, standards, rules and regulations and ensure the ‘safety, health and welfare of the society’.

Whilst there is no law as yet enacted by the Government of India to regulate the engineering profession, only one state, Gujarat enacted the ‘Gujarat Professional Civil Engineers Act, 2006, in the wake of the Bhuj earthquake. Many municipalities and local bodies also require registration of structural engineers but that still leaves out all other engineers. With around 48 lakh engineers having graduated since Independence the number in professional practice, leaving apart those who branched off into other professions, will still be large; could be around 40 lakhs. Just the consulting engineers in the country would be over 10 lakhs and the numbers are growing. Unfortunately no count is available even of that.

Regulation of the engineering profession has become a dire necessity for the ‘safety, health and welfare of the society’.

FIDIC 2013 CENTENARY CONFERENCE

As the world continues to avoid hard questions on sustainable infrastructure, precious resources continue to be depleted, thereby compromising our Quality of Life – Our Responsibility. At the FIDIC Centenary Conference in Barcelona 16-18 September, keynote speakers urged the 1200 delegates from 96 countries to speak up about the poor investment decisions being made, either for political expediency or based on poor economic parameters. Eminent speakers from all over the world gave very informative and interesting presentations highlighting the importance of engineers in various fields. Concurrent seminars were held during the conference. CEAI’s delegation comprised

Mr. K K Kapila, Mr. S C Mehrotra, Maj. S J M Jafri and Mrs. Sangeeta Wij.

Mr. Kapila gave a presentation during the session on “Urban Development”. He mainly focused on issues such as Urban Development Challenges, Transportation, Environmental Pollution, Poor Parking Management Method, Comprehensive Approach for Urban Planning, other measures to improve Road Performance, etc.

In the session on “People”, Mrs. Sangeeta Wij highlighted that the participation of women engineers in consultancy sectors is very low and women engineers on top post are very few in numbers.



Consulting Engineers & their Partners urged to Speak Up. The conference noted the critical importance of good project selection in order to address significant challenges confronting society in the area of urbanisation, water, energy and transport in particular. Consulting Engineers, with their tools and experience, are available to assist in this important task.

General Assembly Meeting: At the General Assembly on 18th September, Mr. Pablo Bueno from Spain was elected as FIDIC President. Also newly elected to that committee were Mr. M Ziani from Morocco; Mr. W Howard from the USA; and Mr. K K Kapila from India.

Mr. Pablo Bueno, the new FIDIC President

Newly elected FIDIC Executive Committee members

Mr. Kiran Kapila (India)

Mr. Moncef Ziani (Morocco)

Mr. William Howard (USA)

FIDIC Centenary Awards for Projects, Individuals and Firms: FIDIC recognized and applauded the best consulting engineers achievement of last 100 years to help publicise the work of consulting engineers and the contribution they made to society at large. The Awards were conferred at the FIDIC Gala Dinner on 16th September 2013. Later, a number of recipients felicitated with FIDIC Awards met the FIDIC President Mr. Geoff French and Olivia Prangey, the great grand-daughter of FIDIC’s first President Louis Prangey.

Special Recognition for Contribution to FIDIC. At the Centenary Awards dinner in Barcelona, the prestigious Prangey Award was conveyed to Fatma Colasan from Turkey. Her dedicated services and



valuable contribution over more than 20 years have contributed greatly to FIDIC’s work on Integrity, Quality, and the Procurement of Consulting Services.

FIDIC Membership Committee: The committee meeting was held under the Chairmanship of Mr. S. C. Mehrotra on 18th September 2013. It was noted with great satisfaction that under the Chairmanship of Mr. S. C. Mehrotra the Membership (other than Affiliates) of FIDIC had increased from 78 in 2007 to 97 countries in 2013.

D&S and ASPEC Meetings: Maj. SJM Jaffri represented CEAI in the D&S Meeting. He also made the presentation during the ASPEC Meeting.

A few photographs to give the flair of the Conference

FIDIC Centenary Conference Logo

The Incoming and Outgoing FIDIC Presidents

Plenary Session in progress

Cultural programme during inaugural ceremony



FIDIC D&S Meeting in progress

FIDIC D&S Meeting in progress

FIDIC Centenary Cake

Session in progress

Session in progress

Local Night



At dinner with Mr. Geoff French, President of FIDIC

FIDIC Reception at MNAC Barcelona

Mr. & Mrs. S C Mehrotra and Mr. & Mrs. K K Kapila

Some of the Indian participants



FIDIC EXECUTIVE COMMITTEE ELECTION

The Member Associations from 97 countries under the umbrella of International Federation of Consulting Engineers (commonly known as FIDIC), elected Mr. Kiran Kumar Kapila to its Executive Committee for a period of 4 years. There were 6 candidates one each from India, Indonesia, Mexico, Morocco, Sri Lanka and USA in the fray for 3 vacancies in the Executive Committee. In the elections held during the Centenary Conference of FIDIC in Barcelona during September 15-18, 2013, the candidates from India, Morocco and USA were elected. Mr. Kapila, a known figure in India and abroad, was elected amidst tough competition from co-contestants in the developing world and the USA and also from the veterans contesting the elections for the third time in succession.

Mr. Kapila is the Chairman and Managing Director of ICT Pvt Ltd. He is also the first non-European Chairman of International Road Federation (IRF), Geneva Programme Centre. He was re-elected as Chairman of IRF for a second term in March 2013. Mr. Kapila is also a member of the FIDIC’s Quaity Based Selection (QBS) Committee and is working with representatives from other countries to formulate a policy for introduction of QBS in the Public Sector globally. Besides this, he is also a member in the FIDIC Marketing Strategy Committee, which has recently prepared an exhaustive document on the FIDIC Marketing Strategy to support the QBS adoption.

As a member of the FIDIC Executive Committee, Mr. Kapila proposes to work towards identifying opportunities of synergy between the Consulting Firms of different countries so as to cull and propagate the best practices in the consulting engineers fraternity. Speaking after the landmark victory, Mr. Kapila said that, “my vision is to strengthen the status of the Consulting Fraternity globally through the FIDIC forum and I will begin this journey by acquainting myself well with the standards and practices of consulting engineers from member associations of FIDIC”.

CEAI congratulates Mr. K.K. Kapila on being elected as FIDIC Executive Committee Member.

Mr A P Mull, President CEAI, felicitated Mr K K Kapila



PUBLIC NOTICE ISSUED BY COUNCIL OF ARCHITECTURE

In the July 2013 issue of the CEAI Newsletter it had been reported under ‘From The President’s Desk’ about the misinformation and the misguidance being propagated by the Council of Architecture and the steps taken by your Association to stop that. It had also been reported that a Legal Notice had been served on the Council of Architecture and that Representation had been made to the Hon’ble Minister Human Resource Development and the Hon’ble Minister Corporate Affairs, Government of India and related ministries. Thereafter the consulting engineer’s fraternity under the umbrella of Consulting Engineers Association of India, Indian Association of Structural Engineers, Association of Consulting Civil Engineers (India), Engineering Council of India and The Institution of Engineers (India) convened a Press Conference on 12th September 2013 at New Delhi. Representatives from the above Associations attended the Press Conference. The Press Release that was issued to all the newspaper and electronic media to give due coverage about the Press Conference is given below.

PRESS RELEASE A Press Conference was conducted by the consulting engineer’s fraternity under the umbrella of Consulting Engineers Association of India, Indian Association of Structural Engineers, Association of Consulting Civil Engineers (India), Engineering Council of India, and The Institution of Engineers (India), on 12th September 2013 at the India Islamic Cultural Centre, Lodhi Road, New Delhi 110003.

Mr. A P Mull, President of Consulting Engineers Association of India (CEA) briefed the Press about the Public Notice issued by Council of Architecture on 20th May 2013 and cautioned against being misled by assertions made by the said Public Notice dated 20.05.2013. Parts of the notice seek to misguide and the COA, by this illegal exercise of power, attempts to overreach proceedings sub judice before the Hon’ble High Court of Delhi in W.P.(C) No. 934 of 2012. The COA’s notice asserts an erroneous interpretation of the Architects Act, 1972 which was enacted merely to provide for registration of architects and for matters connected therewith by those who wished to use the title and style of ‘architect’. The Act does not prohibit the practice of architecture or consultancy by any person. Accordingly, no person is prohibited from giving advice or practicing consultancy on architectural related works by the Architects Act, 1972. The only restriction being that the person is not entitled to use the title and style of ‘architect’ unless registered with the COA, as per the Act.

It was further informed that the engineering associations have sent representations to the Ministries as the issue affects 40 lakhs engineers in the country.

As compared to engineers there are very less number of architects in India and one notice issued erroneously cannot jeopardize the prospects of so many professionals.

Mr. S C Mehrotra, President, Indian Association of Structural Engineers said that the structural engineers are responsible for the safety of the building as per the National Building Code. The work done by non-technical people can prove hazardous for the nation.



Dr. Uddesh Kohli, Chairman, Engineering Council of India – a federation of engineers- said that the architects cannot supervise engineering work, whereas the architects’ have a statutory body, the engineers are still pushing for the Engineers’ Act, a long pending demand of the engineers for around last 30 years. All the countries have an Engineers’ Act but India does not have such an Act inspite of our very consistent efforts. If we had such a legislature, then we as a statutory body could take up this issue more emphatically. It is a total apathy on the part of the Government. By not doing this the engineers are not made responsible and accountable to the public.

Mr. Amitabha Bhattacharya, Council Member, Institution of Engineers’ India, added that the issue is simply that, instead of cooperating and working together, COA has chosen to issue a public notice and misinterpret the Act. In reality, Architects and Engineers have to work in unison.

A query was raised that since the Council of Architecture’s notice is not against the engineers, then how could that jeopardize the profession of engineers. It was clarified that if there are five architects working in an engineering firm, they cannot take up the job of architects as the title of the company is engineering but at the same time these architects are competent to practice on their own. Hence, the notice has created doubts and has far reaching implications on the profession of consulting and professional engineers.

Dr. P. R. Swarup, D.G., CIDC also said that what COA is doing amounts to misuse of authority, which it does not really have. The COA needs to look at it as the true intent of the Act and work with other in close coordination.

While The Architects’ Act, 1972 seeks only to protect the use of the title and style of an ‘architect’ by persons and firms of Architects and create a registry for registration of those who wish to use the title and style of ‘architect’, it does not prohibit other qualified persons from practicing the profession of architecture or providing architectural services. This critical distinction had been specifically debated and provided for by the Parliament and has been upheld time and again by our Courts. However, it is now sought to be systematically blurred and obliterated at the behest of the Council of Architecture and its members in order to create a monopoly of sorts.

There are several Court judgments which have upheld the competence of engineers at par with architects for architectural work based upon an interpretation of Architects Act and other facts.

This notice of Council of Architecture is also prohibiting the foreign architects from taking up work in India could that jeopardize the upgradation of the profession and stymieing competition.

Architects and engineers need to co-exist in the interest of the country and in their own interest. The situation and understanding in small towns is different from that in big towns and cities, hence all issues must be looked at in their correct perspective. Hence they need to withdraw the Public Notice which is erroneous and illegal based on wrong interpretations of the Architects’ Act 1972.

The Associations and Institutions representing the interests of the professional engineers of India would like to caution the public in the interest of safety, health and the well being of society and environment at large to avail services only from persons who possess requisite knowledge, expertise and qualification for building and other projects.



Press Conference in progress – Members of Associations and Media

Press Conference in progress – Members of the Associations



SEWC INDIA COLLOQUIUM 2013

SEWC (Structural Engineers World Congress – India) is conducting an international colloquium in New Delhi on 18, 19 & 20 November 2013 on the subject “Architecture-Structure-Interaction for Sustainable Built Environment”. The International Colloquium supported by the Ministry of Urban Development, Government of India is being organized by SEWC in association with Consulting Engineers Association of India (CEAI) and Indian Association of Structural Engineers (IAStructE). The special discount on the registration fee for CEAI members has been extended up till 31st October, 2013. Fees payable is Rs.7,000/- only, which is inclusive of Service Tax. Members are requested to register before 31st October 2013 to avail the special discount. On the occasion of the Colloquium, a souvenir containing synopsis of Keynotes and other useful information, will be published. We would request you to release an advertisement of your company which will have far reaching benefits by achieving international viewership. Concurrent with the Colloquium an Exhibition will be held during those days. We would request you to take a stall and display your track record and services. For more details please contact Director, SEWC Colloquium 2013, at [email protected] or the CEAI Secretariat INVITATION OF ENTRIES FOR SMT. SATYA GOEL MEMORIAL AWARD, 2013 Indian Buildings Congress (IBC) has instituted Smt. Satya Goel Memorial Award in the memory of late Smt. Satya Goel wife of Shri O P Goel, Founder President, IBC. This Award is meant exclusively for women in building profession for her contribution to the profession with a remarkable achievement during the preceding three years. Award includes a Citation with a Plaque and Certificate which will be presented to the selected woman professional during 19th Annual Convention of IBC to be held in New Delhi during December 2013. Entries are invited from professional women in the field for selection of Smt. Satya Goel Memorial Award, 2013. Entries may be submitted alongwith details of outstanding projects executed with documentary support by 31st October, 2013 to IBC Secretariat, Sector VI, R K Puram, New Delhi 110022.



MEMBERSHIP CERTIFICATE

The membership certificates have been issued to all members who have cleared their subscriptions for the financial year 2013-2014.

Meanwhile, we once again request all members who have not yet paid their subscriptions, to please clear their dues before 31st October 2013.

Secretariat

Consulting Engineers Association of India OCF Plot No.2, Pocket 9, Sector - B

Vasant Kunj, New Delhi 110070 Tel: 91-11- 26134644, Telefax: 91-11- 26139658

Email: [email protected], Website: www.ceaindia.com

Documents

CEAI NewsLetter September 2013 · PDF fileIn doing so the professional engineers ... It was that dedication and involvement that gave rise to the code of ... products, techniques,