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Chapter 1: Society (4 Marks)

1.1 Man & Society


1.1.1 Society
The term ‘society’ is derived from the Latin word ‘socus’ which means companionship or
friendship. Society refers to a group of individuals who share a common culture,
customs, beliefs, and practices, and who live together within a particular geographical
area. Every society is unique because it has its own way of life.

According to Giddings – “Society is the union itself, the sum of formal relations which
associating individuals are bound together”

1.1.1.1 Characteristics of Society


1) Society is composed of a group of people.
2) The members of the society are dependent on each other to satisfy their needs
and aims.
3) The members of the society possess both likeness and difference among each
other.
4) Members of a society share a common set of beliefs, values, customs, and
practices that define their way of life.
5) Societies are dynamic and subject to change over time, due to various factors

1.1.1.2 Elements of Society


1) People (No people no society)
2) Likeness(Blood/nationality)
a) Differences (opinion/gender/interest)
3) Dynamic(changeability/inherit quality)
4) Interdependence (Like mother & baby)
a) Cooperation(like in family, friendship)
5) Mutual understanding/ interaction,/ awareness
6) Culture(traditions, activities, values)

1.1.1.3 Theories of Origin of Society


1) Divine origin theory: Society was created by a divine being, such as a god or
gods.
2) Social Contract theory: indicates that society is the consequence of a planned
agreement or contract between individuals.
3) Evolution theory: indicates society has gradually evolved over time from less
organized and less perfect forms to more organized and more perfect forms.

1.1.1.4 Types of Society


1) Tribal Societies: (Rely on Hunting and Gathering)
2) Pastoral Societies: (Rely on Domesticated animals)
3) Horticultural Societies: (Rely on Plants)
4) Agricultural Societies: ( Rely on cultivation of crops)
5) Industrial Societies: (Based on Scientific Knowledge and Industry)
6) Post-Industrial Societies: (Based on Data, Science and Technology)

Q) Why is society necessary to a man, or to an engineer? Explain.


For man
1. Society provides individuals with a sense of identity and belonging.
2. Society provides individuals access to various resources such as food, shelter,
education, and healthcare.
3. Society provides individuals with opportunities to learn and develop culturally
4. Society provides individuals with opportunities to participate in economic
activities, which contributes to the development of the economy.
For engineer
1. Society provides a platform for engineers to work and interact with other
professionals, which helps them to develop their skills and knowledge.
2. Society provides engineers with access to various resources such as funding,
research facilities, and technical support.
3. Society provides engineers with insights into market trends, consumer behavior,
and industry standards,
4. Society provides engineers with guidelines and standards that they need to
follow to meet their ethical and social responsibilities.

1.1.2 Community
Community refers to a group of people who share common interests, values, or goals
and interact with each other on a regular basis. Communities can be small or large, and
they can exist in both physical and virtual spaces.It is the sense of feeling of unity.

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1.1.2.1 Elements of Community
1) A community is a group of people who share the basic conditions of a common
life.
2) All the members of a single community must live in a definite geographical
location.
3) Each community has community feelings, or a sense of belonging together.
4) Community must be stable.
5) Community is formed naturally not according to laws and regulations.
6) Each community has a particular name.
7) There should be likeness in language, custom, religion, culture and so on.

Q) Differences between Society and Community

1.1.3 Social Change


Social change refers to the transformation of existing social structures, values, beliefs,
and behaviors over time. It can occur in various areas, including politics, economics,
culture, technology, and the environment. Social change is the progressive
transformation of society.

1.1.3.1 Factors causing social change


1) Technological advances: New technologies can transform the way people live
and interact with each other, which can lead to social change.
2) Demographic changes: Changes in the size, composition, or distribution of
populations can lead to social change.
3) Environmental factors: Changes in the environment, such as natural disasters or
climate change, can affect social structures and lead to social change.
4) Cultural factors: Changes in beliefs, values, and norms can affect social
structures and lead to social change.

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5) Physical Environment: The physical environment, including factors such as
climate, geography, natural resources, and infrastructure causes social change.
6) Human Activities: Human activities, including political, economic, and cultural
practices, can also drive social change.

1.1.3.2 Type of Social change theory is suitable for your society.


1) Socio-Cultural Evolution Theory
It is based on the idea that society evolves from simple beginnings to more
complex forms over time.
Social changes occur due to the need of a new and higher level of civilization for
progress and betterment.

2) Functionalist Theory
It is based on the assumption that society consists of interdependent parts, which
tends to maintain stability.
Social changes are the result of imbalance in the internal or external system and
necessary adjustments to restore the equilibrium state.

3) Class Conflict Theory


It is based on the assumption that the society consists of people of different
classes, and conflicts between these classes is unavoidable over time.
Such class conflict leads to the disintegration of current society and the formation
of new societies, resulting in social transformation.

4) Cyclical Theory
It is based on the assumption that each civilization is like a biological life cycle of
an organism, which has birth, maturity, old age and finally death.

The society faces challenges from environment, internal and external factors
which determine the fate of the society. If civilization can overcome the problems,
it will progress; else, it will die.

1.1.3.3 Role of Engineers in Development Activities


1) Creating vision
2) Preparing mission
3) Execution of the plan
4) Monitor and Evaluate
5) Train

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1.2 Technology & Society
Technology is defined as the proper knowledge and use of the tools and techniques that
allow transfer of inputs into outputs in an efficient manner.

Technological change refers to the process of innovation and advancement in


technology over time. It involves the development, adoption, and circulation of new
techniques, tools, and processes that improve the efficiency, effectiveness, and quality
of products and services.

1.2.1 Technology and Society Change


Technology and social change are connected to each other. Change in technology has a
great impact on society.

All social entities are affected by technological change, which causes changes in values,
norms, and attitudes. It has an impact on society. As society advances, new social
concepts and movements arise to improve the quality of life.

All these factors lead to social changes.

Here are some ways in which technology has impacted social change:
1. Technology has changed how information is shared and delivered.
2. Technology can provide new opportunities for people to access resources and
services that were previously unavailable or inaccessible.
3. Technology can improve the efficiency and effectiveness of organizations that
work towards social change.
4. Technology can help raise social awareness and support campaign initiatives.

Q) How does digital technology help our society in economic development?


1. Digital technology has made it possible to automate many business processes,
reducing costs and improving efficiency.
2. Digital technology has made it easier for people to communicate and collaborate
regardless of their location
3. The internet has made it possible for people to access information from
anywhere, at any time.
4. Digital technology has made it possible for businesses to offer personalized
experiences to customers.

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Q) What are the major activities to be governed by the society for its survival?
1. Security and Defense: A society must ensure that its citizens are protected from
internal and external threats, including crime, terrorism, and military aggression.
2. Economic Activity: A society must build a stable and strong economy that meets
its citizens' basic needs, such as food, shelter, and healthcare.
3. Education: A society must provide its members with the knowledge and skills
necessary to fully participate in the economy and the democratic process.
4. Healthcare: A society must provide its citizens with access to healthcare services
in order to maintain their physical and mental well-being.
5. Infrastructure: A society must build and maintain infrastructure.
6. Social Services: A society must provide social services, such as childcare,
eldercare, and social welfare programs.
7. Environmental Protection: A society must protect its natural resources and
environment.

Q) Explain how individual freedom balances societal goals.


Individual freedom refers to the ability of each person to make their own decisions and
follow their own interests, while societal goals are the common goals and objectives of a
community or society as a whole.

Individual freedom must be balanced with societal aims to guarantee that individuals'
actions do not hurt the society in which they live.

Balancing individual freedom with society goals requires careful consideration of how
individual actions affect the greater community. This balance is often maintained by the
development and implementation of laws, regulations, and social norms that encourage
personal freedoms while also ensuring that those freedoms do not violate the rights or
well-being of others.

1.3 History of Engineering Practices in Eastern Society


1) 4000 BC: Ancient Eastern societies, such as the Indus Valley Civilization, used
advanced techniques in city planning and water management.
2) Chinese civilization had advanced engineering practices, including the
construction of the Great Wall of China, canal systems, and water wheels.
3) The Persian Empire had well-developed systems of roads, bridges, and
aqueducts (550 BC - 330 BC).

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4) Islamic Golden Age engineers made significant contributions in fields such as
mathematics, astronomy, and architecture (8th-13th centuries).
5) The Ottoman Empire saw the development of advanced military engineering
techniques (1299-1922).
6) The Mughal Empire had significant advancements in engineering, including the
construction of the Taj Mahal (1526-1857).
7) Japan saw the development of advanced engineering practices in transportation,
infrastructure, and manufacturing (1868-1912).
8) Several Eastern societies are still at the center of technical innovation today, with
countries like China, South Korea, and Japan leading the way (present day).

1.4 History of Engineering Practices in Western Society


1) Ancient Greek engineering: The Greeks made significant contributions to
engineering, including the development of the water wheel and the Archimedes'
screw. (5th century BC)
2) Roman engineering: The Romans built roads, bridges, and concrete construction.
(1st century BC - 5th century AD)
3) Industrial Revolution: The Industrial Revolution brought about major changes in
manufacturing and transportation, including the development of the steam engine
and the railway. (18th-19th centuries)
4) Electric power: The invention of the electric generator and motor allows the
widespread use of electricity for lighting and power. (late 19th century)
5) Automobiles: The automobile changed transportation and led to the
development of mass production techniques. (early 20th century)
6) Space exploration: Engineering bring innovative space exploration, including the
construction of rockets, satellites, and the Apollo lunar landing. (mid-20th century)
7) Digital revolution: The development of the computer and the internet led to rapid
advances in communication, information technology, and automation. (late 20th
century - present)

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Q) Discuss about the engineering practice in Nepal.
The engineering profession in Nepal is regulated by the Nepal Engineering Council
(NEC), which is a statutory body established under the Nepal Engineering Council Act,
2055 (2000). The NEC is responsible for regulating the engineering profession in Nepal
and ensuring the competence and ethical standards of engineers practicing in the
country.

There are several universities and institutions in Nepal that offer engineering programs,
including Tribhuvan University, Kathmandu University, Pokhara University, and Nepal
Engineering College. These institutions offer courses in various engineering disciplines,
including civil, mechanical, electrical, electronics and communication, computer, and
software engineering.

Explain about NEA: ans in chapter 5

Q) Industrial Revolution
1. 17th Century- No Industry, No Machine, No Engine
2. 18th Century- Steam Engine, Spinning Machine
3. 19th Century- All types of Machine and introduction of Engine
4. 20th Century- Advanced M/C, Advanced Engine, & Computer, Robot
5. 21st Century- Computer and Information Technology

Q) Impact of technology on Society


Positive Impacts
1. Technology has transformed the way individuals communicate with one another.
Eg: Social media platforms, email, instant messaging, and video conferencing
2. Technology has made education more accessible and affordable. Eg: Online
courses and educational videos
3. Technology has had a significant impact on healthcare, making it easier for
doctors and healthcare professionals to diagnose and treat illnesses.
4. Technology has transformed the way people entertain themselves. Eg: Streaming
services like Netflix and Spotify

Negative Impacts
1. Technology has raised concerns about privacy and data security.
2. With the rise of social media and online communication, people are spending
more time online and less time interacting with each other in person.

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3. Automation and artificial intelligence have replaced many jobs, particularly in
manufacturing and other industries.
4. The production and disposal of electronic devices contribute to environmental
degradation.

Q) Impacts of computer on Nepalese society


Positive Impacts
1. Computers have transformed the way education is delivered and received in
Nepal.
2. Technology has transformed the way individuals communicate with one another.
Eg: Social media platforms, email, instant messaging, and video conferencing
3. The use of computers in various industries has led to increased efficiency and
productivity, resulting in economic growth for the country.
4. The use of computers in government has led to the development of
e-governance, which has made it easier for citizens to access government
services,

Negative Impacts
1. Dependency on Technology
2. The rise of computers and the internet has led to an increase in cybercrime in
Nepal
3. Long-term computer use can cause health problems such as eye strain, neck and
back pain, and carpal tunnel syndrome.
4. The use of computers and the internet can lead to social isolation, as individuals
may spend more time interacting with their devices than with other people.
5. The production and disposal of computers and other electronic devices have
negative impacts on the environment, contributing to e-waste and pollution.

Q) Computer Crimes and Ethics


Computer crime is defined as the use of computers to perform criminal activities. The
various computer crimes are shown below:
1. Unauthorized use, access and modification of hardware and data.
2. Unauthorized access of information and revealing the sensitive data to others.
3. Illegal use of copyright materials.
4. Destruction of others resources with the help of computer viruses.

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Cyber law is the law that is formed and implemented in order to ensure proper computer
use and reduce cyber crime. Electronic Transactions Act 2063 governs cyber activities in
Nepal.

This law provides legal recognition to electronic records, digital signatures, and other
electronic documents. It also contains laws about the security of electronic transactions
and the consequences for cybercrime.

In addition to the Electronic Transactions Act, Nepal has also established the Computer
Misuse Act 2064, which forbids unauthorized access to computer systems, data theft,
and other forms of cybercrime. Anyone guilty of cybercrime face penalties such as fines
and imprisonment under the statute.

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Chapter 2: Profession & Ethics (8 Marks)

2.1 Profession
It is an occupation based on your systematic education, training and specified
knowledge. It's hard to switch the profession but easy for the job. Examples of
professions include doctors, lawyers, engineers, accountants, architects, nurses,
teachers, and social workers.

2.1.1 Features of a Profession


1. A profession must need strong theoretical knowledge and skills to apply those
knowledge in practice.
2. A profession possesses special rights.
3. Professions achieve high status and rewards from the public.
4. Professions are regulated by professional bodies.
5. Each profession has its own code of conduct and code of ethics to be followed.
6. Profession must have a sense of togetherness associated with the professionals
of the same profession.
7. Profession should focus on public service rather than self interest.

2.1.2 Jobs vs Profession

SN Jobs Profession

1 A job typically involves routine or A profession requires specialized


manual tasks. education and skills.

2 Jobs usually offer lower salaries and Professions often provide higher
limited career growth. salaries and promotions.

3 Jobs may have a high turnover rate. Professions often have low turnover
rates.

4 Examples include waiters, cashiers, Examples include lawyer, doctor, and


and retail salespeople. engineer.

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2.2 Profession and Institutions
2.2.1 Engineering Profession
Engineering Professions is an act of designing, composing, evaluating, advising,
reporting, supervising. Engineering profession is the occupation that is performed by the
professional and licensed engineers for the positive progress in technology and society.
1. Theoretical knowledge
2. Long training period
3. Relevant to social values
4. Service oriented
5. Complete autonomy
6. High sense of community
7. Long term commitment
8. Highly developed code of ethics

2.2.2 Professional Institutions


Professional institution is an independent body that regulates the practice of
professional engineering and governs its members with respect to the body's
regulations and national laws in order to serve the public good.

2.2.2.1 Objectives of Professional Institutions


1. Center of learning through professional interest network
2. Provide professional status and responsibility
3. Voice of profession
4. Facilitates the best practices
5. Maintain and develop standards of knowledge and skills
6. Maintain standards of qualification and practice

2.2.2.2 General Requirements for Membership

1. Citizenship (nationality) 4. Character Certificate


2. Academic Qualifications 5. Knowledge of law & ethics
3. Experience 6. Language & Competence

2.3 Relation of an Engineer


2.4.1 Relation with Client
1. The engineer should be faithful to the client.

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2. Understand the client's requirements and expectations for the project.
3. Provide technical knowledge to help the client make informed decisions.
4. Communicate regularly with the client to ensure that their needs are being met
and that they are satisfied with the progress of the project.
5. Manage the project budget and schedule to ensure that the project is completed
on time and within budget.
6. Ensure that the project meets all applicable regulations and standards.

2.4.2 Relation with Contractor


1. The engineer should be faithful to the contractor.
2. Provide technical guidance and support to the contractor.
3. Review the contractor's work to ensure that it meets the project requirements.
4. Address any issues or concerns that arise during construction.
5. Communicate regularly with the contractor to ensure that the project is
progressing as planned.
6. Ensure that the contractor is following all applicable regulations and standards.

2.4.3 Relation with Fellow Engineers


1. The engineer should not take credit for the works performed by others.
2. The engineer should not review the work of other engineers for the same client
unless authorized.
3. Share technical knowledge and expertise with other engineers.
4. Address any technical issues or concerns that arise during the project.
5. Work together to solve problems and find innovative solutions.
6. The engineer should not injure the professional reputation and careers of other
engineers.

2.5 Ethics
2.5.1 Ethics
Ethics is a moral principle that governs the behavior of a person and the way of
conducting an activity. It is concerned with questions about what is right or wrong, good
or bad, just or unjust, and fair or unfair. It indicates how the professionals should act and
behave in their professional work.

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2.5.2 Moral
Morality is the standard behavior accepted by the culture and religion of the society. It is
concerned with human behavior and the established social norms. Non-moral refers to
deviation from the moral quality of the society.

2.5.2.1 Factor affecting moral of professionals


1. Salary
2. Defective norms and social values
3. Opportunities for growth
4. Law implementation
5. Political commitment
6. Recognition and appreciation: Professionals who feel recognized and
appreciated for their work are more likely to have higher morale. Conversely,
those who feel undervalued or ignored can become demotivated.

2.5.2.2 Moral vs Ethics

2.5.3 Code of Ethics


A code of ethics is a set of principles or guidelines that define acceptable behavior for a
particular profession, organization, or individual. It ensures that the professional practice
is for social progress rather than personal gain. The professionals must follow the code
of ethics to remain registered.

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2.5.3.1 Reasons for Unethical Acts
1. Lack of awareness about the code of ethics
2. Insensitivity to issues
3. Selfishness
4. Faulty reasoning
5. Pressure

2.5.3.2 History of Code of Ethics


Code of conduct of Hammurabi; the King of Babylon (2200 BC)
1. The builder shall be put to death, if the house he builds collapses and causes the
death of the house owner.
2. The builder’s son shall be put to death, if the house the builder built causes the
death of the son of the house owner.
3. The builder shall compensate the house owner with the slave of equal value, if
the house builder has caused the death of a slave of the house owner.
4. The builder shall restore at his own expenses, if the house the builder has built
destroys the property of the house owner

2.5.3.3 Disciplinary Action


Violation of the code of ethics may lead toward disciplinary action. NEC regulation also
says that it is the duty and responsibility of all the registered engineers to follow the
code of ethics developed by the NEC.
Any concerned person may file a complaint against the registered engineer violating the
code of ethics to the Investigation Committee.

Steps for Actions


1. Gathering evidence of the complaint
2. Investigation of the complaint
3. Disciplinary hearing

If a professional is found not doing wrong in his/her practice, the complaint is dismissed
and no further action is taken. But, if proved professional’s misconduct or misbehavior,
then he/she has to undergo following actions
1. Further clarification
2. Suspended for specific period
3. Canceled completely

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4. Subject to fine
5. Have to appear professional standards examination/obtain experience in
particular field

Q) Necessary for a professional to follow code of conducts


1. Maintain public trust
2. Ensure ethical behavior:
3. Protect the reputation of the profession
4. Avoid legal and financial consequences
5. Promote professional development
Q) What are the core ethical values to prepare code of ethics?
1. Honesty and integrity
2. Respect: treating all individuals with respect and dignity,
3. Responsibility: taking responsibility for one's actions
4. Fairness: treating all individuals and groups equally
5. Transparency: openness and transparency in all professional activities
6. Privacy: respecting the privacy of individuals and protecting their personal
information.
7. Security: protecting sensitive information from unauthorized access or theft.

2.5.4 Engineering Professional Ethics


Engineering professional ethics refers to the set of moral principles and values that
guide the behavior of engineers in their professional practice. It investigates and
establishes norms for engineers' responsibilities to the public, their clients, their
employers, and the profession.

2.5.5.1 Code of Ethics by NEC


1. Discipline and Honesty: Engineering service/profession shall have to be
conducted in disciplined manner with honesty
2. Politeness and secrecy
3. Non-discrimination
4. Shall have to do only the concerned professional work
5. Not to do such works, which may cause harm to engineering profession
6. Personal responsibility
7. State name, designation, and registration number in contract
8. No publicity or advertising shall be made which may cause unnecessary effect

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2.5.5.2 Whistle Blowing
Whistleblowing is the act of disclosing information to the public or relevant authorities
regarding misconduct or unlawful acts within an organization or government institution.
This information may include fraud, corruption, unethical behavior, or other illegal
activities.

Whistleblowers are typically employees or former employees of the organization or


agency they are exposing.

When whistleblowers come forward, they often face high risks, including harassment
from their company, job loss, and even legal action. There are protections for
whistleblowers in many countries,

It can also help to protect the public and prevent harm to individuals or the environment.
However, it is important for whistleblowers to carefully consider the risks and potential
consequences before deciding to come forward.

2.5 Moral Dilemma and Ethical Decision Making


2.6.1 Moral Dilemma
A moral dilemma is a situation where a person is faced with two or more conflicting
moral values, and they have to make a decision about what action to take.

Agent should perform one of the actions among two actions but not both actions and no
matter what action is performed will be wrong in some way. In such cases, there is no
clear right or wrong path.

Case: You're a project engineer. The company is hiring few engineers. During selection,
you found one of them is your relative but not good in competition. What will you do?

As a project engineer, it is my responsibility to ensure that the company hires the most
qualified and competent engineers for the job. While it may be natural to give preference
to my relative, it is important to avoid any conflict of interest and prioritize the company's
best interests.

In this situation, we should evaluate each candidate based on their skills, qualifications,
and experience, and make a decision based only on ability. It would not be fair or ethical
to give relative special treatment if they were not as qualified as the other competitors.

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It is important to maintain professionalism and avoid any favoritism or nepotism in the
hiring process. Transparency and honesty are essential in maintaining the integrity of the
hiring process and upholding ethical standards in the workplace.

2.6.2 Ethical Decision Making


Ethical decision making is the process that helps people to make proper decisions
during ethical dilemmas. It examines three perspectives:
1. ethic of obedience
2. ethic of care
3. ethic of reason

The priority that must be considered while making ethical decision are as follows:
1. Society
2. Profession
3. Organization
4. Individual

2.6.3 Framework for Ethical Decision Making


1. Recognize an ethical issue
2. Get the facts
3. Evaluate alternative actions
4. Make a decision and test it
5. Act and reflect on the outcome

2.7 Detailed Duties of an Engineer and Architect


1. Planning, surveying, designing and estimating the project.
2. Supervise and control the work.
3. Constantly participate in the ongoing projects.
4. Supervise and coordinate the subordinates.
5. Take responsibility for safety precautions at the job site.
6. Have the authority to issue variation orders.
7. Have the right to stop the work.
8. Familiar with work practices and customs.

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2.8 Liability and Negligence
2.8.1 Negligence
Negligence is the lack of proper care or attention. It involves actions of the people which
are against the standards.

The law expects a certain standard of behavior from the citizens it governs. When a
person fails to meet these standards by acting in a way the law considers unreasonable
that person may be guilty of negligence.

Elements of Negligence:
To be the compensated from the guilty of negligence, following elements should be
established:
1. Duty of Care: The defendant had a legal obligation to behave in a certain way.
2. Breach of the expectations: The defendant failed to fulfill this obligation by acting
inappropriately.
3. Resulting damage: The injury or loss was caused due to the defendant's legal
breach of contract resulting in damage.

2.8.2 Tort
It is an action or inaction of one or more individuals, which leads to loss or damage of
another. Torts can be intentional or unintentional, and they can include a wide range of
wrongful acts, such as negligence, defamation, assault, battery, false imprisonment, and
fraud.

2.8.3 Liability
Liability refers to the legal responsibility that an individual or organization has to
compensate for damages or losses caused to another person or entity. Liability can be
established through different legal frameworks, such as contract law, tort law, or criminal
law.
Liability is of following types:
1. Liability under contract: eg: works not meeting specification
2. Liability in tort: For causing injury to others through negligence and reckless
action
3. Liability under statute: In accordance with the laws and statute

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2.8.4 Vicarious Liability
Vicarious liability is the liability held by one party for the actions of another.
Vicarious liability is a legal concept that holds one party responsible for the wrongful
actions of another party. Specifically, it refers to situations where an employer or
principal is held liable for the actions of their employees or agents.

For example:

Suppose an employee of a restaurant was driving a company vehicle to make a delivery

1. Driver is distracted by their phone and runs a red light, hitting a pedestrian who
has the right of way. The driver's failure to pay attention to the road and obey
traffic signals causes negligence.
2. The pedestrian who was hit by the car has suffered harm or injury, which causes a
tort.
3. The driver is liable for the harm caused to the pedestrian because they were
negligent in their actions.
4. If the pedestrian can sue the restaurant owner under the principle of vicarious
liability.

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Chapter 3: Professional practices in Nepal (4 Marks) 29

3.1 Public Sector practices


Public sectors are the organizations that are run by the budget allocated by the
government. The primary goal of the public sector is to serve the public interest and
promote social welfare, rather than generating profits.

List of public organizations where engineers are involved are:


1. Department of Roads: This is a government agency responsible for the
construction and maintenance of roads and bridges in Nepal.
2. Nepal Electricity Authority: responsible for the generation, transmission, and
distribution of electricity in Nepal.
3. Department of Water Supply and Sewerage: responsible for the planning,
design, and construction of water supply and sewerage systems in Nepal.
4. Nepal Telecommunications Authority: responsible for the management and
regulation of telecommunications services in Nepal.
5. Nepal Oil Corporation: responsible for the import, storage, and distribution of
petroleum products in Nepal.
6. TU, PU, KU
7. CAAN (Civil Aviation Authority of Nepal)

3.2 Private Sector Practices


The private sector refers to that part of the economy that is owned and operated by
private individuals or businesses, rather than by the government or public sector.

Private sector companies operate with the goal of generating profits for their owners or
shareholders, and they are subject to competition from other companies in the same
industry.

They may also have more flexibility in terms of decision-making and management

List of private organizations where engineers are involved are:


1. Bank
2. Insurance Company: Sagarmatha Insurance Company Limited
3. Private engineering college: Acme Engineering College
4. Hospitals: Vayodha Hospital
5. Construction companies

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3.3 General Job Descriptions of Fresh Graduates in both Public and Private
Sector

3.3.1 Public Sectors


1. Perform preliminary feasibility study, design, implementation and evaluation
2. Execute and assign for project works
3. Conduct programs for increasing public capacity
4. Report writing
5. Monitor and evaluate ongoing projects
6. Execute and perform works as assigned by the immediate superiors

3.3.2 Private Sectors


1. Coordinate works between stakeholders, client and contractor
2. Supervise, monitor and control works
3. Design and Quality control
4. Production, operation and maintenance
5. Plan project and report progress
6. Prepare technical report
7. Conduct necessary trainings

Q) Practical engineering Profession


Practical engineering profession refers to the application of scientific and mathematical
principles to design, develop, and maintain structures, machines, systems, and
processes. This involves the use of technology, tools, and techniques to solve real-world
problems and improve efficiency and effectiveness.

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Chapter 4: Contract (8 Marks)

4.1 Methods of Work Execution/Contracting

1. National Competitive Bidding


- All the eligible bidders are invited to participate in bidding.
- Tender notice is published in national newspapers giving a period of at least 30
days.
- It is necessary if the estimated amount of work is greater than 20 lakhs or
estimated goods is greater than 10 lakhs.

2. International Competitive Bidding


- Eligible bidders from all over the world are invited if the amount of work can not
be performed by domestic contractors.
- Tender notice should be published in national newspapers giving at least a period
of 45 days.

3. Sealed Quotation
- According to the Public Procurement Act, the goods and other services valuing
up to 1 million rupees and construction work valuing up to 2 million rupees may
be procured by inviting a sealed quotation.
- The quotation is sealed to maintain confidentiality and prevent any alterations
before the deadline for submission.

The provision related to sealed quotation are as follows:


1. Before inviting a sealed quotation, a form stating every requirement clearly shall
have to be prepared.
2. A notice shall be published in national or local newspapers giving at least a
period of 15 days.
3. The sealed quotation, once submitted, can not be withdrawn or amended.
4. The sealed quotation with the lowest cost estimate shall have to be approved.

4. Direct Procurement
- Capital goods valuing up to 3 lakhs and construction work valuing up to 5 lakhs
rupees may be directly procured.
- Direct procurement involves procuring the necessary services from the supplier
directly without any bidding or sealed quotation process.

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4.2 Contract
A contract is an agreement between two or more people to do or not do something that
is legally binding. The Contract Act was formulated in 2056 BS. After entering a contract,
if any party breaches the contract, legal action can be taken as per the contract act
2056.

4.2.1 Elements of contract


1. Offer and Acceptance: One party must make an offer to do or not to do
something. Offer can be specific or general. The other party must accept the offer,
which creates a mutual agreement between the parties.
2. Consideration: Each party must give something of value to the other. This can be
money, property, or services.
3. Capacity to Contract: The parties must have the legal capacity to enter into a
contract. This means that they must be of legal age and mentally competent.
4. Lawful Purpose: The contract must be for a lawful purpose. If the contract is for
an illegal purpose, it is not invalid.
5. Free Consent: The contract's terms must be freely and voluntarily accepted by
both parties without other influence.
6. Possibility of Performance: If two parties agree up on impossible jobs, the
contract is invalid.
7. Certainty: The terms of the contract must be clear and certain, so that both
parties understand what is required of them.
8. Legal Relationship: There should be a clear intention of parties to enter into a
contract with all the necessary documents.
9. Written: Verbal agreement can not be considered as a contract. Contract should
be written documents.
10. Two or More Competent Parties: Contract is made between two or more parties.

4.2.2 Types of contract


A) With respect to legal relationship

1. Valid Contract: If all the elements of the contract are present, it is said to be a
valid contract.

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2. Void Contract: A contract that is not considered as a valid contract is known as
void or null contract. A void contract is one that is not legally binding from the
beginning and cannot be enforced by law.

A contract can be void if


- If the contract is against the existing law and public welfare
- If the subject matter of the contract is unclear to give meaning
- If the contract is found not possible to perform
- If there is a mutual mistake by both parties as to the essential terms of the
contract, the contract may be considered void.

3. Voidable Contract: A voidable contract is one that is initially valid, but can be
legally avoided or canceled by one or both parties due to some legal deficiency,
such as lack of capacity, mistake, fraud, undue influence, or coercion.

Eg: Forceful contract, Contract involving fraud or misstatement, etc

B) Expressed and Implied Contract


1. Expressed Contract: An expressed contract is one that is openly agreed upon and
stated in either oral or written form.
2. Implied Contract: An implicit contract is one that is not officially agreed to but is
assumed from the actions or conduct of the persons concerned.

C) With respect to mode of creation


1. Indirect Contract: An indirect contract is one in which the parties involved do not
directly communicate with each other to reach an agreement. Instead, the
agreement is formed through a third party, such as a broker, agent, or
intermediary.
2. Contingent / Conditional Contract: A contingent or conditional contract is one in
which the performance or validity of the contract is dependent on the occurrence
or non-occurrence of a particular event or condition.

4.2.3 Contracting other methods


1. Fixed-price contract: The contractor agrees to complete the work for the
agreed-upon price instead of the actual cost spent.

2. Cost-plus contract: The contractor is paid for the actual costs of doing the work
as well as a predetermined profit margin.

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3. Time and materials contract: Contractor is paid for the actual time spent on the
project and the cost of materials used.
4. Lump-sum contract: A lump-sum contract is a fixed-price contract in which
payment is made in one lump sum upon project completion or certain milestones.

5. Cost-reimbursable contract: It reimburses the contractor for all costs spent while
performing the task, including labor, materials, and other expenses.

6. Unit-price contract: A unit-price contract is a type of contract where the price is


based on a unit of measure, such as a square foot or a cubic yard.

4.2.4 Importance of Contract


1. It makes legal agreement between the parties.
2. It specifies what the contractor must do and what the owner must pay.
3. It specifies what will be done if any party fails to perform.
4. It defines what is and what is not included in a contract.
5. It specifies how the contract will be terminated.
6. It states the responsibilities of all the parties involved.

Q) Conditions of contract
Whenever agreement is formed between several parties, it is followed by specific terms
and references (conditions) that bind all parties to the agreement. This simplifies and
smooth functioning of the work and reduces disagreements. These terms and
references (conditions) are referred to as contract conditions.

These maybe of two parts:


1. General conditions of contract
1. Scope of Work: This clause defines the work to be performed under the contract
and specifies any exclusions or limitations.
2. Timeframe: deadline to finish tasks
3. Payment Terms: indicates the payment terms for the work, including payment
amount, payment schedule, and any payment terms and conditions.
4. Intellectual Property: This indicates the ownership and use of any intellectual
property created or used during the performance of the contract.
5. Liability: This indicates liability of the parties and the circumstances under which
one party may be required to compensate the other.

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6. Termination: indicates the circumstances under which the contract may be
terminated, including any notice requirements and termination fees.
7. Dispute Resolution: indicates the method for resolving contract-related problems,
8. Confidentiality: indicates the confidentiality requirements of the parties with
respect to the contract and any associated work.

2. Special conditions of contract.


It depends upon the nature of work, taxes and royalties included in the rates, labour
camp, compensation to accident in terms of accident, etc.

4.3 Tender (Bid)


Tender is a formal written offer by a person to perform some specified work or supply
some specified goods at a specific rate within a certain time frame under certain
conditions of agreement. It is the first step in formulation of a contract.

Tendering is the process by which an organization who is in need of goods/services


invites other parties to submit a proposal or bid to provide these goods/services.

4.3.1 Necessity (Purpose) of Tender


1. Tenders are performed to select the best contractor.
2. It helps to achieve quality output.
3. It helps in gaining work at competitive prices.
4. It maintains transparency in all stages of the procurement process .
5. Use of fund for intended purpose
6. For the observation of economic and efficient project

Q) Elements of tender
1. Tender Cover Letter
2. Tender Instructions
3. Tender Document: main document that provides all the information about the
project.
4. Terms and Conditions
5. Pricing: This typically includes a detailed breakdown of costs, such as labor,
materials, and overheads.
6. Bid Bond or Performance Bond
7. Technical Information
8. Evaluation Criteria

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9. Schedule of Work
10. Signatures

4.3.2 Tendering Process


1. Determine tender process: The organization requesting the tender determines
the type of tender to be used. It may be open tender, select tender, multi stage
tender or invited tender.
2. Prepare request for tender: The request for tender is prepared which include
what is required, the contractual requirements and how the contractors should
respond. It is the invitation for the suppliers to provide a competitive offer to win a
contract. It may be RFT, RFP, EOI, CFB or ITT.
3. Invite tender: The invitations are sent to the contractors.
4. Suppliers respond: The supplier should collect all the required documents.The
supplier then submits the response in the right format on time and at the right
location.
5. Evaluation and selection: Each tender will be checked for compliance. The
tender will then be evaluated against the criteria specified in the tender
documentation. The tender that offers the best value of money will be selected.
6. Notification and Debriefing: The successful contractor will be notified and
advised to write the outcome. The unsuccessful tenderers are also advised and
offered a debriefing interview.
7. Contract Establishment: A formal agreement between the successful contractor
and the relevant agency is established

4.3.3 Tender Notice


A tender notice is a formal announcement that invites suppliers or contractors to submit
a proposal or bid for a specific project, product, or service. The purpose of a tender
notice is to ensure that the procurement process is fair, transparent, and competitive.
- It should be published in national newspapers.
- It should include all the necessary detailed information about the project.

Tender notices usually contain important information such as the


- scope of the project,
- the deadline for submission of proposals,
- the evaluation criteria that will be used to select the winning bidder, and
- any other terms and conditions that bidders need to comply with.

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4.3.3.1 Preparations before sending Tendernotice
1. Project preparation
2. Estimation of quantities
3. Cost estimation(abstract of cost)
4. Approval of cost estimate from concerned authorities
5. Resource planning
6. Tender/bid document preparation & approval
7. Tender invitation

4.3.3.2 Information in Tender Notice


1. Name and address of the public entity inviting bid.
2. Nature of work and its location.
3. Place of delivery of goods to be supplied, the services to be delivered and the
construction work to be performed.
4. The amount of bid security and validity period of the bid.
5. Data, time and place where and when the tender document is available.
6. Cost of tender document.
7. The place, manner, deadline for the submission of the bidding documents.
8. Provision of e-bidding and its process
9. The place, date and time for the opening of bids
10. Expected date of acceptance of successful bids

4.4 Contract Agreement


4.4.1 Bidding Document
Bidding documents are a set of documents prepared by a company or organization that
outline the requirements and specifications for a particular project or procurement.

It includes instructions for bidders, specifications, evaluation criteria, conditions of


contract and other similar documents.

4.4.2 Contract Document


A contract document is a legally binding agreement that defines the terms and
conditions of an agreement between two or more parties. It is a written document that
clearly describes each party's rights and responsibilities, as well as any penalties or
consequences for contract breach.

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4.4.2.1 Elements of Contract Document
1. names and addresses of Parties involved
2. Purpose of the contract
3. Terms and conditions
4. Confidentiality and non-disclosure
5. Termination and breach
6. Governing law and jurisdiction
7. Signatures

4.4.2.2 Priorities of contract document


1. The Contract agreement
2. The letter of acceptance
3. The tender/bid
4. Conditions of contract – General/Special
5. The detail specifications
6. The detailed drawing
7. Priced bill of quantities(BOQ)
8. Addenda (list of things) to clarify, corrects and provide additional information

4.4.2.3 Rules of contract interpretation


The rules of contract interpretation are the principles and guidelines that courts and
legal practitioners use to interpret the meaning and ideas of contractual terms. Courts
interpreted in terms of ambiguity in contracts. The following are some of the key rules of
contract interpretation:
1. Plain Meaning Rule: The plain meaning rule states that the words in a contract
should be given their ordinary and natural meaning.
2. Parol Evidence Rule: States that Extrinsic evidence, such as oral statements or
prior agreements, cannot be used to contradict, change, or add to the terms of a
written contract that is full on its face,
3. Contra Proferentem Rule: This states that any ambiguity in a contract should be
interpreted against the party that drafted the contract.
4. Implied Terms: Courts may suggest phrases based on custom, use, trade
practices, or the parties' presumed intents.
5. Context: If the language is ambiguous, the court may consider the context of the
contract, including the surrounding circumstances and the parties' intentions.

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4.4.2 Earnest Money
Earnest money is the amount of money deposited while bidding a tender as a guarantee
of a party's interest in performing the work awarded to him/her. Bidders have to submit
the bid along with bid security of 2 to 3 % of the estimated amount of the bid in cash or
equivalent bid security issued by a commercial bank. Earnest money is refunded to the
unsuccessful bidders. 2.5% for Nepal

4.4.3 Performance Security


Performance security is the amount of money deposited by a successful bidder as a
security for satisfactory performance. Successful bidders should submit 5 % of the
contract amount as performance security. It is refunded after the defect liability period.

4.4.4 Pre Qualification and its benefits


Prequalification is a process that allows companies or individuals to demonstrate that
they have the necessary qualifications, experience, and capacity to participate in a
specific project or contract. In Nepal, prequalification is a common practice in
government and private sector procurement processes.

Benefits of Prequalification
1. Prequalification helps to streamline the procurement process by allowing only the
most qualified and experienced bidders to participate.
2. Prequalification ensures that only the most qualified bidders are selected, which
leads to higher-quality projects and services
3. Prequalification helps to ensure fairness and transparency in the procurement
process by establishing clear and objective criteria for evaluating bidders.
4. Prequalification helps to reduce risks associated with the selection of unqualified
or inexperienced bidders.

4.4.5 Contract Law in Nepal


Contract law in Nepal is governed by the Contract Act 2056 (2000) and related
regulations. The Act governs the formation, performance, and termination of contracts.

According to the Contract Act, a contract is a legally binding agreement between two or
more parties, whereby they agree to perform or not to perform certain obligations. The
Act recognizes various types of contracts, including express, implied, unilateral, bilateral,
and voidable contracts.

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To form a valid contract in Nepal, there must be an offer and an acceptance,
consideration, intention to create legal relations, and capacity to contract. The Act also
recognizes the importance of free consent in contract formation and provides remedies
in case of coercion, undue influence, or fraud.

Q) How can the contract be interpreted in case of ambiguity?


When a contract contains ambiguous language or provisions, it can be difficult to
determine the intent of the parties involved. In such cases, the courts will look to various
principles of contract interpretation to try to resolve the ambiguity and determine the
parties' intentions.

Q) Define percentage contract and in which category of procurement, this form of


contract is adopted?
A percentage contract is a form of contract used in procurement that involves paying a
contractor a percentage of the total cost of a project and any other direct costs and
expenses spent.

Percentage contracts are most commonly used in construction and infrastructure


projects, where the total cost of the project may be uncertain at the time the contract is
awarded. Percentage contracts fall under the category of cost-reimbursement contracts
in procurement.

Q) Why is the wall / services required tendering in the government sector?


In the government sector, the process of tendering is often used to ensure transparency,
fairness, and efficiency in the procurement of goods and services. When a government
agency or department needs to construct a wall or provide services, they usually invite
bids or proposals from various contractors or service providers through a tendering
process.

This process allows the government to select the most suitable contractor or service
provider based on various factors such as the quality of the work or services, price,
delivery time, and compliance with relevant laws and regulations. It also helps to prevent
corruption and favoritism in the procurement process.

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Q) What are the methods of recruitment of consultants?
1. Referrals: This involves seeking recommendations from existing employees,
clients, or professional networks.
2. Direct Application: This involves posting job openings on various job sites or
company websites and collecting applications from qualified applicants.
3. Headhunting: This involves identifying potential candidates with specialized skills
and experience and inviting them to apply for the position.
4. Campus Recruitment: This involves visiting universities and colleges to identify
and recruit fresh talent.
5. Recruitment Agencies: This involves partnering with recruitment agencies who
specialize in finding and hiring consultants for specific industries or job roles.

Q) EOI and RFP


Expression of Interest (EOI): EOI is a document that organizations use to measure the
interest of potential consultants in providing services for a specific project or assignment.
The purpose of EOI is to identify potential consultants who are interested in the project
and have the relevant experience and expertise to execute it.

Request for Proposal (RFP): A request for proposal (RFP) is a document used by
businesses to obtain proposals from possible consultants for a certain project or
assignment. The purpose of RFP is to provide detailed information about the project
requirements and selection criteria to potential consultants so that they can submit a
proposal that meets the organization's needs.

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Chapter 5: Regulatory Environment (6 Marks)

5.1 Nepal Engineering Council (NEC)


Professional society is a body established under the Act to regulate the practice of a
profession. Almost all countries have maintained societies for their Engineers.

Nepal Engineering council (NEC) is a professional society established on March 11, 1999
under Nepal Engineering Council Act2055. It regulates the engineering profession
effectively and scientifically.

It also undertakes licensing of engineering in accordance with their qualification. After


the establishment of NEC, registration of Nepalese Engineers and Architects began

5.1.1 Duties and Responsibilities of NEC


1. To prepare policies, plans, and programs for smooth functioning of the
engineering profession and to execute them
2. To set norms and standards for engineering education in Nepal
3. To grant permission and approval to carry out engineering education to the
colleges
4. To monitor and inspect the quality of engineering education provided by the
engineering colleges and institutions
5. To fix the qualification necessary in order to practice engineering profession
6. To cancel the registration of the engineer if found violating the Code of Ethics.
5.1.2 NEC Structure

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5.1.3 NEC Act
The Nepal Engineering Council Act is a piece of law passed by the Nepalese
government in 2055 BS (1998 AD) to establish the Nepal Engineering Council (NEC). he
council was established to regulate the engineering profession in Nepal and to ensure
that engineering activities are carried out in accordance with established standards.
- Publication Date (प्रमाणीकरण तथा प्रकाशन ममतत) : 2055-11-27
- Act No: 23 (of 2055)
- No of Chapters (पररच्छे द) : 07
- No of Points (धारा): 3

5.1.4 Scope of NEC


1. Licensing of Engineers
2. Accreditation of certificates of academic qualification
3. Recognition of the academic institutions
4. Professional code of conduct

5.1.4.1 Engineer Licensing Process


Registration of engineers is done into one of the three categories:
1. General Engineers - Category A : (Requires Bachelors Degree in Engineering)
2. Professional Engineers - Category B : (Requires Master Degree in approved
Engineering field)
3. Foreign Engineers - Category C : (Non-Nepali engineers willing to work in Nepal,
Bachelor's Degree in Engineering and minimum 10 years of experience in
engineering field.)

Application should be submitted to NEC with applicable fees and following documents:
1. Attested copies of Academic Certificates
2. SLC mark sheet
3. Character certificate of SLC
4. Intermediate level or 10+2 Transcript
5. Character certificate of Intermediate level or 10 +2
6. B.E. Provisional Certificate
7. B.E. Transcript
8. Character certificate of B.E.
9. Attested copy of Citizenship

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5.2 Nepal Engineering Association (NEA)
It is an independent non-profit organization of Nepalese engineers. It was established in
1968. Today, it represents more than 7500 engineers. NEA is governed by an executive
body of 15 members elected by members of the association.
- supported by its various 17 committees

5.2.1 NEA Objectives


1. To promote development of the engineering science and technology in Nepal
2. To promote mutual cooperation, interaction, and goodwill among Nepalese
engineers
3. To ensure maximum participation of Nepalese engineers in the national
development activities with and effort to stop the foreign dependency
4. To encourage industries to accept Nepalese engineering manpower
5. To develop relations, fellowship and goodwill with international engineering
associations
5.2.2 NEA Requirements
- 4 years bachelors degree in engineering completed
- Experience: Specified years of acceptable experience
- Examination: Need to pass an examination conducted by the professional society

5.2.3 NEC vs NEA

SN NEC NEA

1 NEC is an autonomous body formed NEA is an independent non-profit


under Nepal Engineering Council organization registered under the
Act. Social service act of Government of
Nepal.

2 NEC focuses on code of ethics that NEA focus on to promote and develop
must be followed by the engineering the engineering profession in Nepal
professionals.

3 Established in 1998 1962

4 Membership is compulsory for Voluntary for engineers from various


registered engineers fields

5 Execution body by election and By election only


promotion

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5.3 Labour Law
The Nepal Labor Act was first passed in 1992 and has since been revised multiple times,
the most recent being in 2017 (2074).
- No of Chapter: 24
- No of Points: 183
- No of Pages: 82

5.3.1 Basic Provisions Relating to Labours


1. Prohibition on employing in forced labour
2. Prohibition on employment of children
3. Prohibition on discrimination
4. Prohibition on discrimination in remuneration for equal work
5. Right relating to trade union
6. Right to remedy
7. Head Count Threshold: New Labour Act has removed the head count
requirements for applicability.
8. Provision for leave and holidays

5.3.1.1 Related to employment


- Prohibition on employment without entering into employment contract
- Employment relationship need to be established

5.3.1.2 Article related to Working Hours


- Working hours: No employer may hire laborers more than specified days.
- For labor, the maximum working hour is 8 hours a day or 48 hours a week, with
one day leave in a week.
- A labor shall not be forced to work continuously for more than 5 hours. A 30
minutes break shall be provided for tiffin and rest.
- A labor shall be paid overtime by 50% of the wage if working for more than 8
hours a day.
- Overtime shall not be forced and exceed 4 hours a day and 20 hours a week.

5.3.1.3 Health and Safety Provision


- Separate modern toilets for male and female workers in easily accessible places
- Adequate hygienic water for drinking during the period of work
- Prevention from dust, polluted air, fumes or other contaminated matter

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- Necessary personal protective equipment to avoid any adverse effect on health
- Adequate ventilation, light and suitable temperature in working rooms
- No overcrowding of any working room
5.3.1.4 Provisions for leaves and holidays

Q) Disciplinary action for misconduct, as per the Labor Act-2074 of Nepal.


According to the Labor Act-2074 of Nepal, an employer may take disciplinary action
against an employee who commits an act of misconduct.

However, before taking any disciplinary action, the employer must provide the employee
with a written notice of the misconduct, the date, time and place of the hearing, and the
right to be heard.

Once the employee has been given a hearing, the employer may take disciplinary
action, which can include any of the following measures:
1. Oral warning: The employer may give the employee an oral warning for the
misconduct.
2. Written warning: The employer may give the employee a written warning for the
misconduct.
3. Suspension: The employer may suspend the employee without pay for a certain
period of time.
4. Demotion: The employer may demote the employee to a lower position or a
lower salary.
5. Termination: The employer may terminate the employee's employment for
misconduct.

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The employee also has the right to appeal the disciplinary action taken against them to a
higher authority or to the Labor Court.

Q) What will you do if a construction worker dies by falling from height on your site?
1. Notify the nearest labor office and local authorities, such as the police or the
district administration office, about the incident.
2. Conduct an immediate investigation into the incident to determine the cause and
any possible violations of the Labor Act.
3. Notify the family of the deceased worker and provide them with appropriate
support
4. Provide compensation to the family of the deceased worker, as stipulated in the
Labor Act.
5. Take necessary steps to prevent similar accidents from occurring in the future

Q) Why should you be aware of Labour Law?


1. To protect your rights: Labour Law ensures that employees are treated fairly and
that their rights are protected.
2. To comply with the law: Employers must comply with Labour Law regulations to
avoid penalties and legal issues.
3. To prevent discrimination: Labour Law prohibits discrimination based on gender,
age, race, religion, disability, and other factors.
4. Working environment: Understanding Labour Law can help create a positive
work environment that promotes healthy relationships between employers and
employees.
5. To resolve disputes: When disputes arise between employees and employers,
Labour Law provides a framework for resolving these disputes fairly and
effectively.

5.4 Intellectual Property Right


Intellectual property refers to various creations of the mind such as inventions, artistic
works, symbols, names, images, and designs, that are protected by law.

Intellectual property rights are the rights given to persons over the creations of their
minds. They are the legal rights granted to the creators of IP, which give them exclusive
rights to use, control, and profit from their creations for a certain period of time.

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5.4.1 Trademark
These are exclusive rights granted to individuals or companies to use a specific name,
logo, or other symbol to identify their products or services.

No one may use or copy any trademark in a way that manipulates people in general
without a written consent of the person in whose name the trademark is registered. The
ownership of a trademark can be transferred to others with a permission of the
department.

5.4.2 Service Mark


A service mark is similar to a trademark, but it is used to identify and distinguish the
source of services rather than goods. It can be a symbol, word, phrase, design, or any
combination of these elements that identifies and distinguishes the source of a service.

5.4.3 Patent
Patent right refers to the rights granted to anyone who invents or discovers any new and
useful invention. A patent application must include one or more claims defining the
invention that is new, non-obvious and useful.
It prevents others from making, using, selling or distributing the patented invention
without permission for a certain period of time, typically 20 years from the date of filing

5.4.4 Copyright
Copyright is a legal protection that gives the creator of an original work the exclusive
right to use, reproduce, and distribute that work. Any person who registers any of his
works has the copyright under the provisions of the act. The copyright ownership can be
transferred.
- Usually, the time span of a copyright extends through the entire life of the owner
and lasts up to a period of about 50 to 100 years after death.
- In case of anonymous work, the right lasts for 95 years after publication or 120
years after the creation.

Q) How does intellectual property rights encourage investors for new works? Justify.
1. can help turn your ideas into money makers
2. enhance business markets values
3. provide competitive advantages
4. helps to markets company products and services

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5. enhance company’s value

5.5 Building Codes & Bylaws


Regulating building construction activities was essential for the purpose of keeping
buildings safe from earthquake, fire and other natural calamities. For fulfilling this
purpose, Building act 2055(1998) was circulated and in the meantime Building rules
2062(2005) was also come into operation. With reference to building rules, buildings
need to be constructed following National Building Code 2060.

Building codes and bylaws are sets of regulations and standards that govern the
construction, renovation, and maintenance of buildings within a particular jurisdiction.

Building codes are classified as follows:

NBC 107: 199 Provisional Recommendation on Fire Safety

NBC 111: 1994 Steel

NBC 112: 1994 Timber

NBC 113: 1994 Aluminum

NBC 114: 1994 Construction Safety

NBC 203: 1994 Guidelines for Earthquake Resistant Building Construction: Low
StrengthMasonry

NBC 204: 1994 Guidelines for Earthquake Resistant Building Construction:


EarthenBuilding (EB)

5.5.1 Objectives of Building bylaws


1. To design and construct the buildings as per the environmental aspects and
standards.
2. To develop necessary physical infrastructure in an efficient manner.
3. To ensure safety of the public on building construction.
4. To create a comfortable living standard.
5. To conserve cultural and historical values.

5.5.2 Basic components of building bylaws


Building, Planning, and Enforcement

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5.6. Business Law
Business law refers to a set of legal rules and regulations that govern the creation,
management, and operation of businesses. Business law is primarily governed by the
Companies Act, 2063 (2006 AD), which provides a legal framework for the
establishment, operation, and dissolution of companies in the country.

The act regulates various aspects of companies, such as their formation, capital
structure, shareholding, management, and administration. It also outlines the duties and
responsibilities of directors, officers, and shareholders of the company.
1. General business law
a. Private Firm Registration Act, 1958
b. Partnership Act, 1664
c. Companies Act, 2006
d. Industrial Enterprise Act, 2016
2. Labour Related Act
a. Bonus Act, 1974
b. Labour Act, 1992
c. Trade Union Act . 1993
d. Foreign employment, 1992
e. Child labour act, 2000
f. Industrial training act, 1982
5.6.1 Sources of Business Law in nepal
1. English business law
a. common law of England
b. Law of merchants
c. Principal of equity
d. Statute of legislature
e. Custom and usage
2. Nepalese statutory act
3. Judicial decisions
4. Writing and opinions of scholars & Commercial treaties and agreements

5.6.2 Types of Business Enterprise


1. Sole Business

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Such type of organization is owned by a single person and is run from his own
resources. individual controls the organization according to his own personal
interest and work had to achieve his goals
- A single person is liable to both profit and loss.
- Easy to form or establish without difficulty
- Easy to manage or dissolve
- Owner can make decisions quickly without any delay. There is a great
chance of his decisions being wrong.
- The future of sole business may be uncertain.
2. Partnership Business
Organization is established through mutual confidence, cooperation, and
understanding of the members. Two or more persons may form partnership
organizations to run business taking full responsibility jointly by oral or written
agreement.
- All the partners share profit and loss.
- Unlimited liability
- Easy to form and Quick Decision making
- Uncertain future
3. Company business
A company is established under the act of the country and has limited liability.
Finance is collected through issuance of shares.
It is divided into :
- private limited company
- public limited company.

A limited company is a company in which the liability of members of the company


are limited to what they have invested or guaranteed to the company.

5.7 Company Registration


A company is a type of organization or business entity that is formed by individuals or a
group of people to achieve a specific objective. Companies can be formed for-profit or
non-profit, and they can be owned privately or publicly traded on stock markets.

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5.7.1 Characteristics of a company
1. Legal entity: A company is a separate legal entity from its owners.
2. Perpetual existence: It means it can continue to operate even if its original
owners or shareholders have passed away or left the company
3. Limited liability: Shareholders of a company have limited liability. Shareholders
can not be held responsible for more than the amount of shares he owns.
4. Capital collected by distributing shares
5. Transferability of shares: Shareholders can easily transfer his shares to other.
6. Common Seal: Company has its own name and seal. It works and runs all
transactions with the seal.
7. Centralized management: A company is typically managed by a board of
directors, who are elected by shareholders.

5.5.1 Necessity of company registration in Nepal


1. Legal Entity: Registering a company in Nepal gives it a legal identity separate
from the owners or shareholders. Company can enter into contracts, own
property, and sue or be sued in its own name.
2. Credibility: A registered company is seen as more credible and trustworthy than
an unregistered business.
3. Brand Protection: Registering a company in Nepal gives you the exclusive right
to use the company name and logo.
4. Compliance: Registering a company in Nepal ensures that you comply with all the
legal and regulatory requirements.
5. Access to Financing: A registered company is eligible to apply for loans and
credit from financial institutions.

5.5.2 Company registration procedure


1) Establishment of company
- Any person who wants to undertake enterprise may establish a company with
one or more objectives.
- Any foreigner who has obtained permission according to current law to
undertake enterprise may also establish a company.
- There must be at least 7 promoters for the establishment of a public company.
If any public company establishes another public company, the number of
promoters need not to be 7.

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2) Application
- Any person who desires to establish a company must submit an application to
the office in prescribed form and fees with required documents such as
- Memorandum of association of propose company
- Articles of association of proposed company
- A copy of agreement in case of public company
- A copy of unanimous agreement if any in case of private company

3) Registration
- After the application is received for the establishment of a company, the
registrar shall conduct necessary investigations, register the company within 15
days after application is received.
- Registrar should issue a certificate in prescribed form to the applicant.
- After the company is registered. company is regarded as established.

4) Refusal
- registrar may refuse to register a company if
- name of company is identical to name of company which are already
registered and exists
- name of company seems to be inappropriate
- objectives of company conflict
- necessary conditions related to establishment is not fulfilled
5) Notice
- If registar refuses to register a company, he shall send a notice to the applicant
within 15 days along with reasons.

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5.5.3 Public Company vs Private Company

SN Private limited Company Public Limited Company

1 Min shareholders = 2 Min shareholders = 2


Max shareholders = 50 Max shareholders = 50

2 Should write “private limited” after their Should write “limited” after
names their names

3 Company can not publish statement of Can publish


shares selling and debentures in public

4 There exist restrictions on transfer of shares No restriction


to others.

5 There must be at least two directors At least 3 directors

6 There is no difference in ownership and There is a difference.


management as partners are active Shareholders who are owners
managers. won’t take part in
management.

7 Should give preferences to old shareholders Can issues shares to anyone


while issuing new shares

8 Company need not have statutory meetings must have

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Chapter 6: Contemporary Issues in Engineering (4 Marks)

6.1 Globalization and Cross Cultural Issues


6.1.1 Globalization
Globalization refers to the free movement of goods, services, capital and information
across the national boundaries. It helps in extending social relations across the world. It
is caused due to advancement in transportation and communication.

6.1.1 Merits of Globalization


1. Increase in innovation
2. Globalization has enabled developing countries like Nepal to access new
technologies and expertise
3. Improved living standards and High average income
4. Globalization has created job opportunities in developing countries,
5. Developing countries can access global markets, allowing them to sell their
goods and services to a larger audience

6.1.2 Demerits of Globalization


1. The benefits are not equally distributed among all segments of society
2. Dependency on Developed Countries
3. Globalization can lead to environmental degradation, as increased economic
activity can result in pollution and resource depletion.
4. Globalization can lead to the loss of traditional cultures and practices, as foreign
cultures and values are adopted.
5. Developing countries may struggle to compete with developed countries

6.1.2 Cross Culture


Culture refers to the ideas, customs and social behavior of the particular people or
society. Cross-culture refers to the interactions and exchanges that occur between
individuals or groups from different cultural backgrounds.

In a globalized world, cross-cultural communication has become increasingly important


as people from different cultures come into contact with one another more frequently.
The successful international trade depends upon the smooth interaction of employees
from different cultures and regions. So, a positive cross-cultural experience is very
important.

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6.2 Public Private Partnership
A Public-private partnership (PPP) is often defined as a long-term contract between a
private party and a government agency for providing a public asset or service, in which
the private party bears significant risk and management responsibility. It involves a
contract between a public sector authority and a private party.

The main aim of PPP is to provide service to the public in a more efficient and cost
effective manner.
Importance of PPP
1. PPP helps in the development of public sector infrastructure in a more efficient
and cost effective manner.
2. It allows both the government and private sector to work for the public and
generate timely solutions to the problems.
3. It provides a unique collaborative way for public management.
4. It also helps in globalization.
5. It ensures balance between risk and reward for both government and private
sector through a risk sharing mechanism.
Types of PPP
1. Build and Transfer (BT) 5. Lease, Operate and Transfer (LOT)
2. Build, Operate and Transfer (BOT) 6. Lease, Build, Operate and
3. Build, Own, Operate, and Transfer (BOOT) Transfer(LBOT)
4. Build, Transfer and Operate (BTO) 7. Develop, Operate, and Transfer (DOT)

6.3 Safety, Risk and Benefit Analysis


6.3.1 Safety
Safety, on the other hand, is the state of being free from harm or danger. It is the
condition or quality of being protected from harm or injury. Safety measures are put in
place to reduce the likelihood of harm or injury, and to reduce the consequences if an
accident or incident does occur.

Safety is the first thing to maintain while delivering any engineering products. For eg:
during the development of any software product by an engineer, he/she must review the
risks involved in the project. He/she must guarantee that the product will not harm any
people or society in any way.

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6.3.2 Risk
Risk refers to the potential for harm, damage, or loss resulting from a particular action,
situation, or event. Every project has some sort of risk associated with it.Risk
management is the process to identify, evaluate and prioritize risks and then coordinate
to minimize, monitor and control the probability or impact of the risks on the projects.

The sources of risk are financial uncertainty, project failure, legal liabilities, accidents,
natural disasters, and so on.

6.3.2.1 Risk Management


1. Identify the risks
2. Assess the risks
3. Plan the risk response
4. Monitor the risks
5. Document lessons learned

6.3.3 Risk-Benefit Analysis


Risk-benefit analysis is a process of evaluating the potential risks and benefits
associated with a particular action, decision, or policy. It is a method of weighing the
potential positive outcomes against the potential negative outcomes to determine
whether the benefits outweigh the risks or vice versa.

A certain level of risk is acceptable in any project. A project is undertaken if the risk in
the project is at an acceptable level and has more benefits.

6.4 Development and Environment


Sustainable Development is a method of development that meets the needs of the
present without affecting the ability of future generations to meet their own needs. It
concerns development activity with respect to the environment and economic growth.

The environment is vital to supporting life and providing inputs for production. Over the
last three decades, Economic growth has caused serious environmental damage and
that the existing status of the environment will hamper future economic growth..

Poor developing countries often rely on the natural environment for their livelihoods. So,
damage to the environment and The relationships between the environment and the

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economy are regarded to be more important in developing countries than in developed
countries.

Environment Assessment
Environmental impact assessment is the assessment of the possible positive and
negative impact that a proposed project may have on the environment. It helps to
predict environmental impacts at an early stage in project planning and design.

SWOT Analysis
SWOT analysis is a strategic planning method used to evaluate strength, weakness,
opportunities and threats involved in a project.

It helps to identify all the internal and external factors that are favorable and unfavorable
to achieve the objectives of the project.
- Strength and weakness determine the internal factors.
- Opportunities and threats determine the external factors.

6.5 Conflict and Dispute Management


6.5.1 Conflict
Conflict is a disagreement or struggle between two or more parties who believe that
- their goals, interests, or values are incompatible or
- their actions are blocking each other's efforts to achieve their objectives.
Conflict can arise in any situation where people interact with each other.

6.5.1.1 Types of conflict


1. Traditional Approach: In this approach, conflict is viewed as harmful, and
traditionalists try to avoid conflict.
2. Behavioral Approach: In this approach, conflict is seen as the inevitable outcome
of behavioral interactions. Therefore, conflict cannot be avoided but can be
managed effectively.
3. Interctionist Approach: Conflict within the manageable limit is beneficial

6.5.1.2 Levels of Conflict:

1. Intrapersonal Conflict 4. Inter organizational Conflict


2. Interpersonal Conflict 5. Inter country Conflict
3. Intergroup Conflict 6. Inter continental Conflict

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6.5.1.3 Source of Conflict
1. Personal Differences
2. Goal and Role Incompatibility
3. Organizational Climate and Working
4. Environment
5. Gender and other Social Differences
6. National Politics
7. Availability and Access to Resources
8. Communication Gap

6.5.2 Dispute
Dispute is a specific type of conflict that involves a disagreement between two or more
parties over a particular issue. Dispute occurs when one party claims or demands while
the other party contradicts the claim.

Causes of Dispute in engineering profession


1. Cost in time, money and lost opportunities
2. Image and uncertainty
3. Behavior
4. Employment and cash flow

6.5.3 Conflict and Dispute Management


Conflict and dispute management refer to the process of resolving disagreements or
conflicts that arise between individuals or groups in a constructive and effective manner.

Conflict Resolution
1. Avoidance: (avoid conflict by ignoring it or by suppressing)
2. Diffusion: (conflict is tried to deactivate through diffusion)
3. Containment: (through discussions or bargaining)
4. Confrontation: (Face-to-face meeting to find the mutually agreed solutions)

Process to resolve dispute


1. Communication: communicate with the other party. Express your concerns in a
calm and respectful manner and try to listen to their perspective.
2. Negotiation: If communication alone does not resolve the issue, negotiate a
solution.

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3. Mediation: If negotiation fails, consider using a mediator who can help both
parties come to an agreement.
4. Arbitration: If mediation is not successful, arbitration may be an option. In
arbitration, a neutral third party will listen to both sides and make a decision that
is legally binding.
5. Litigation: As a last resort, litigation may be necessary. This involves taking the
dispute to court, and a judge or jury will decide the outcome.

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