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According to Giddings – “Society is the union itself, the sum of formal relations which
associating individuals are bound together”
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
SN Jobs Profession
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.
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.
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
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.
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.
The priority that must be considered while making ethical decision are as follows:
1. Society
2. Profession
3. Organization
4. Individual
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
For example:
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.
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
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.
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.
1. Valid Contract: If all the elements of the contract are present, it is said to be a
valid contract.
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.
2. Cost-plus contract: The contractor is paid for the actual costs of doing the work
as well as a predetermined profit margin.
5. Cost-reimbursable contract: It reimburses the contractor for all costs spent while
performing the task, including labor, materials, and other expenses.
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.
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
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.
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.
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.
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.
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.
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
SN NEC NEA
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.
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.
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
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.
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.
5.4.3 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
Building codes and bylaws are sets of regulations and standards that govern the
construction, renovation, and maintenance of buildings within a particular jurisdiction.
NBC 203: 1994 Guidelines for Earthquake Resistant Building Construction: Low
StrengthMasonry
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
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.
2 Should write “private limited” after their Should write “limited” after
names their names
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)
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.
The sources of risk are financial uncertainty, project failure, legal liabilities, accidents,
natural disasters, and so on.
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.
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
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.
6.5.2 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.
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)