Download - Chapter 1.0 Historical Background
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
1 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Chapter 1.0 Historical Background
Engineering and its History
Introduction to Engineering
Engineering is that branch of science which deals with the implementation of a
solution/result/output to a practical problem.
An engineer always seeks to know on solving a problem and to implement the solution.
Engineering is the application of scientific, economic, social and practical knowledge, in
order to design, build and maintain the physical infrastructures, machines, devices,
systems, materials and processes.
One who practices engineering is called an Engineer. In Nepali word engineer has the
meaning as “Aviyanta”.
Engineering is the application of scientific knowledge about matter and energy for
practical human uses such as construction, machinery, products or systems: - Academic
press dictionary of science and technology.
In modern form engineering involves people, money, materials, machines and energy. It
is primarily concerned with economical design and end benefits.
History of engineering Practice
History of engineering dates back to “prehistoric with piling up rocks in the rift valley for
good hunting practice, with the invention of fire and fire place and enhancing cooking
system”
Engineering activities developed parallel with human civilization.
History of engineering can be categorized into following era.
Ancient era:
The earliest practice of civil engineering may have commenced between 4000 and 2000
BC in ancient Egypt and Mesopotamia.
Invention and Development of the wheel and sailing were significant achievements in
that period.
The pyramids in Egypt, the hanging gardens of Babylon, the roman aqueducts, the Great
Wall of China were marvel of ancient construction.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
2 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Ancient Greek developed machines in both civil and military engineering. The
mechanical inventions of Archimedes are examples of early mechanical engineering.
Renaissance Era
The development of steam engines gave rise to the industrial revolution in this era. Mechanic arts
became incorporated into engineering and science and mathematics were applied in the term
engineering.
Modern Era
Existence of space station represents the beauty of modern engineering application.
Invention of airplane, extensive development of aeronautical engineering, the rise of
computer technology, invention of electric motor, innovative ideas in electronics
(invention of vacuum tubes, transistors, ICs) and finally the age of artificial intelligence
are examples of engineering in modern era.
Branches of engineering:
Traditionally there were two branches of engineering civil and military. In timeline civil
engineering became more and more complex and specialized. In the development phase of
engineering civil engineering came concerned primarily with static structures like dams, bridges,
roads, channels, building etc where as mechanical engineering deals with dynamic structures like
motor, machines and engines.
Engineering is often characterized in four main branches:
Civil engineering:
The design and construction of public and private utilities such as infrastructure (dams, bridges,
airports, railways, highways, buildings, etc
Electrical engineering:
The design and study of various electrical and electronics systems, such as circuits, generators,
motors, electromagnetic devices, computer systems, instrumentation control devices etc
Mechanical engineering:
The design of mechanical systems, such as power and energy systems, products and processes,
engines etc.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
3 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Chemical engineering:
The application of physics, chemistry, biology and engineering principles in order to carry out
chemical processes on a commercial scale
However there are various numbers of engineering disciplines and branches.
Civil engineering is the oldest engineering profession. It is the modification of nature to create
and improve human habitats. Civil engineers work toward an ideal that is “a standard of
perfection, beauty, or moral and physical excellence, especially as an aim of attainment or
realization. There exist close relation between civil engineering and society. It has wider
varieties of sub disciplines like structural, environmental, water resources, geotechnical,
construction, transportation, earth quake engineering, disaster mitigation and list goes on
continue.
Man and Society
Before moving towards history of engineering practices in eastern and western society, we have
to understand the relation between man and society and fundamental concept about society. As
discussed earlier, civil engineering profession is directly concerned and related with community
and society.
Man is a kind of super-dense living atom in the system of social reality. Human forms the society
and develops standard and norms. However in course of time, norms and standards in terms of
tradition, culture and guidelines control human beings.
The term society is derived from Latin word ‘Socus’ means friendship. A society is the
collection of individual united by certain relation or mode of behavior. Every society is unique
because it has its own way of life. A society is a group of people related to each other through
persistent relations, sharing the same geographical or social territory, subject to the same
political authority and dominant cultural expectations.
Characteristics of Society:
1. Society consist of people (plurality)
2. Mutual interaction and awareness
3. Likeness and differences in society
4. Interdependence
5. Co-operation
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
4 A Reading Material on EPP – BEG 459 CI for Purbanchal University
6. Society is dynamic
7. Society is abstract
8. Social control
9. Social culture
Origin of society
Man is social animal and society is starting point of all social investigations. The relationship
between individual and society or the nature of the society is the most intricate question which
has not been successfully answered so far. Some of the theories explaining origin of the society
are:
Devine origin theory: This theory says that the society is the creation of his mighty god
Social contract theory: According to this theory, men lived in a state of nature. Society came
into existence because of an agreement or contract among themselves in order to achieve certain
ends
Evolution theory: According to this theory, society is not a make but a growth and it is the
result of gradual evolution. It is continuous development from unorganized to organized
Community
Community refers to particular class of people who lived together and share no particular interest
but basic condition of life. Community usually refers to a social unit larger than a small village
that share common values
Elements of community
To be a community following elements must be there:
Group of people
Locality
Community sentiments
Naturalist
Stability
No legal status
Particular name
Cultural similarity
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
5 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Major difference between society and community
Society Community
It is a web of relationship It is a group of individuals
It needs certain geographical territory It does not required geographical territory
Society is group of different community There cannot be more than one society within
one community
Society is abstract Community is Concrete
Individuals may or may not have common
objectives and interest
Every individual has common interest and
common objectives
Society involves both likeness and dis-
likeness
Likeness is necessary and important in
community
Social Change
Social change is the alternation in pattern of cultures, social structures and social behavior over
time period
Factors causing social change
There are various factors which cause and forces the social changes
Cultural factors
Technological factors
Demographic factors
Environmental factors
Psychological factors
Ideas and opinions
Social conflicts
Social movements
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
6 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Theories of social change
There are various theories of social change. Some of the popular theories are as follows
Socio-cultural evolution theory: This is based on the assumption that societies develop from
simple beginnings into the complex form. This is based on anthropological and historical
evidence. There is a influence of Charles Darwin’s “Origin Evolution”
Functionalist theory: This theory assumes that society consists of interdependent parts each of
which helps to maintain the stability of the entire social system
Conflict theory: This theory was propounded by Karl Marx. It is also known as class conflict
theory. According to this theory, social change is the result of conflicts between classes existing
in the society. Classes are fundamentally economy based. Marx described six stages of social
evolution
Primitive consumption
Slavery
Feudal
Capitalist
Proletariat
Stateless
Cyclical theory: It defines the cyclic procedures and focused on the rise and fall of civilization. It
assumes that each civilization is like biological organism and has a similar kind of lifecycle.
1.1 Engineering practices in eastern societies can be with significant events as follows.
During 5000 BC, civilization developed near Yanshao, where people roamed seeking
new soil for animals and agriculture. People used earthen pottery and stone tools.
During 4000 BC, early Chinese communities planned cities according to Grid pattern
with intersecting streets at right angles to each other.
During 3300 – 3200 BC, Egyptians first developed a system of Division of Labor on
closed societies in Sumar and Egypt, particularly among merchants and metal workers.
During 3500-3000 BC, in Sumeria, the appearance of towns and cities coincide with the
production and distribution of goods through trades.
In 132 AD, Chinese philosopher Chang Heng invented a Seismoscope.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
7 A Reading Material on EPP – BEG 459 CI for Purbanchal University
In 510 AD, China’s Grand Canal (Shan-Yang) in southern China was built connecting
Yangtze
(Chang-Jiang) and Huang-He (yellow river), which played a lifeline for north China
providing a transportation route for grains and commodities.
During 704 AD, the Buddhist text “Dharani Sutra” was printed in Korea during 704-751
AD, using block-printing technique. It is the oldest existing printed book.
In 805 AD, the forerunners of Gun were invented, which is called ‘fire lance’, early
models consisting of Roman Candles tied two spears, resembling flame throwers.
In 1040 AD, Chinese writer Tseng Kung – Liang published the first known Gun-powder
formula for use in three weapons- a. Bomb held by a king of catapult, b. Bomb with
hooks and c. Poison smoke ball.
In 1045-1048 AD, Pi-Sang invented movable type of printing. Printing with movable
type was developed in Europe in mid-15th century.
In 1250 AD, true guns with a gun powder chamber and strengthening explosion chamber
to prevent splitting appeared in China. In less than a century, guns reached in Europe and
changed to characters of medieval warfare.
In 1805 AD, Habaoka Seishu performed the first Surgery under a general anesthesia in
Japan.
The Iranians built many bridges, however of which some survive from the time of
Shapur-I (300 AD).
In 400 AD, the Sassaid kings built a great palace at Ctesiphon, which was a capital on
Tigris, north east of deserted Babylon and downstream from the village of Baghdad. Part
of this palace
still stands, including most of the vaulted dining hall –“the widest single span vault of
unreinforced brick work in the world.” The vault is 77 feet wide at the base and 112 feet
high.
In 515 BC, Persian building method with stone instead of wood introduced in to India
when
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
8 A Reading Material on EPP – BEG 459 CI for Purbanchal University
1.2 Engineering practices in western societies can be traced out with significant events as
follows.
In 3000-1000 BC, Stonehenge – a monument consisting of concentric circles of stone
oriented towards the Sun position on the summer solstice in England.
In 300-100 AD, agriculture and power appeared in ancient Mesoamerica.
In 250-900 AD, Maya created and maintained a sophisticated pair of interlocking
calendar to help them plan ceremonies.
In 1268 AD, English scientist and philosopher Roger banon records a statement about
using lenses to improve vision with eyeglasses. At the end of 13th century, many wealthy
and elite people in Europe, Asia, and Africa wear glasses.
In 1487 AD Aztee ruler Ahuizotl dedicated the new Tempo Mayor (great temple), an
enormous double pyramid in Tenochtitlan to the warrior God of the Sun.
In 1673 AD, English Mathematician, John Hadlley and American inventor Thomas
Godfery independently invented the Sextant, an optical instrument to measure angular
distance between any two objects.
In 1747-1752 AD, American Scientist Benjamin Franklin theorized that lightning is a
form of electricity.
In 1780 AD, Scottist inventor James Watt and English manufacturer Matthew Boulton
began manufacturing a steam engine for individual use.
In 1793 AD, American Eli Whitney invented the cotton gin, a device that rapidly and
effectively removes the seeds from cotton fiber.
In 1807 AD, American inventor and engineer Robert Fulton inaugurated a new era of
power driven navigation as a steamboat.
In 1660 AD, a fine opportunity for planned city was offered after a great fire of London
by john Evelyn, the diarist and civil servant and Christopher Wren, an architect to
Charles II for rebuilding the burnt city before the ashes cool down.
In 1548-1620, Simon Stevin discovered the triangle of forces in Netherlands, which
helped to calculate the actual load on the members of cranes, trusses and other structures.
Stevin’s younger contemporary Galileo Galilei in 1564-.1642 AD, solved the problem of
accelerated movement and began the analysis of stresses in beams.
Technical men organized the society of Lynxes to which Galileo belonged. The first
research institute was founded in 1560 AD.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
9 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Engineering school appeared in France in 1800 AD and at the same time specialization
within engineering profession took place. John Smeaton, who went to France in 1750’s
AD to round off his technical education, called himself ‘Civil engineer’ meaning non-
military engineer.
1.3 Key roles of engineers in the development activities
Engineer in Latin word “Ingenium”, means a talent, natural capacity or clear invention. Engineer
is problem solver. Engineer can play a significant role in ensuring sustainable development.
Engineer focus on the delivery of near term solutions to immediate problems using proven
technology. It is known that the engineers played their role in innovation and preservation of
matter and its properties, utilizes them for human benefits from ancient time to till date.
Developing countries seeks engineers more than the developed countries in current scenario.
Major roles to be played by engineer in development activities are:
1. Creating vision:
Engineer creates and sets a vision. Imagine useful and beneficial matters and source of
power for the human benefits.
2. Preparing Mission:
Engineers have been very successful in developing technologies that enable progress and
economic prosperity by preparing various mission / activities related to production and
infrastructure development.
3. Execution:
Engineers executes the action plan and activities with engineering skills and knowledge.
4. Monitor and evaluate:
Supervision, monitoring and evaluation of activities is necessary to make economical,
qualitative and timely delivery of products.
5. Train:
Guidance and train the new and emerging engineers practically and technically to make
more professionals.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
10 A Reading Material on EPP – BEG 459 CI for Purbanchal University
1.4 Individual freedom vs societal goals
Individualism is the moral stance, political philosophy, ideology that emphasizes the moral worth
of the individual. Individualists promote the exercise of one’s desires and goals and advocate the
interest of individual. Individualism thus involves “the right of the individual to freedom and self
–realization.
The societal goal is to maintain and keep up morality in the society. Societal goals always
directed towards “group think”. Individual’s interest contrasting with societal interests creates
dilemma. Dilemma is the situation of confusion for right or wrong. This theme evolves the
concept of ethic. Ethics thus dealt with the norms about how one should behave in dilemma of
right and wrong, good and bad, fair and unfair. Ethics is the study of “how to live in group.
Ethics is the science of discipline dealings with moral duties and obligations towards the
societies.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
11 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Chapter 2.0 Engineering Professionalism
Ethics
Ethics is derived from Greek word “ethos”. It refers to a location or a space where people lived
together. Ethics can be described as: the study of standards of right and wrong, is the part of
science and philosophy dealing with moral conduct, duty and judgment. Ethics has relationships
with the ideals of the individual and the society and the actions or behavior of a person in the
society.
Ethics is:
The science of human characters as expressed in right or wrong conduct
The science of highest good, rightness wrongs
The three ideals of human life are: the truth, beauty and good.
Ethics tries to address the problems related with the moral behavior of an individual as a
member of a particular society.
Engineering ethics is the field of applied ethics and system of moral principles that apply to the
practice of engineering. The field examines and sets the obligations by engineers to society, to
their clients, and to the profession. As a scholarly discipline, it is closely related to subjects such
as the philosophy of science, the philosophy of engineering, and the ethics of technology
Why study engineering ethics?
Engineer’s technical work has far reaching impacts on society. The work of engineers can affect
public health, safety and can influence business practices and even polices. The importance of
studying engineering ethics can be traced as follows:
It helps revealing the inconsistencies between the ideal and the actions of the individual
in a society and ideal and accepted values of the society as well.
It helps in differentiating between right & wrong, good & bad and just & unjust ideas and
actions.
It helps an individual in correcting the self-behavior and hence in reducing or removing
wrong ideas and incorrect behaviors
It helps members of the society in achieving higher moral standards and in maintain high
moral and integrity in day to day life.
Ethics can’t be learned but it can be earned.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
12 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Moral and Non-Moral
Moral refers to the standards against which human or professional behavior is judged as good &
bad, right & wrong. Moral is concerned with the human behaviors and the established norms in
the society.Word ethical and moral can be used interchangeably. Ethical actions can be described
as moral actions whereas non ethical are expressed as immoral actions.
Moral actions are those actions in which rightness and wrongness are associated. Human actions
and behaviors are objects of moral judgment. But all actions are not the subjected moral actions.
The action of an individual under abnormal circumstances is not the subject for judgment as
moral or immoral. Therefore, the voluntary actions (habitual, intentionally and deliberately) are
subjected to moral or immoral.
The actions that cannot be considered as moral or immoral are called non-moral actions. Non
moral is naturally the devoid of moral quality. For example: action of nature, action of children,
action of animals, actions done under coercion.
Flow diagram showing features of a voluntary action or behavior.
Ethics is a system of belief that support the view of morality. Engineering morals measures the
standards of good behaviors of engineers in society.
Wants or deisres
confrontation between various wants and desires
identification of various courses of actions to fullfill wants or desires
comparative evaluation of the various courses of action "Deliberation"
selection of an action "Motive"
The physical behavior / action
consequenses of the action
•Desirable / Intended
•Undesirable / Unintended
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
13 A Reading Material on EPP – BEG 459 CI for Purbanchal University
The aim of ethics is to define the nature of the highest good of man as a member of society.
Profession
A profession can be defined as the practice of a person (professional) in the specialized area of
which he /she has acquired systematic knowledge through specialized education and training.
Profession is an occupation, vocation or care where specialized knowledge of a subject, field or
science is applied.
A profession is a vocation founded upon specialized educational training, the purpose of which
is to supply objective counsel and service to others, for a direct and definite compensation,
wholly apart from expectation of other business gain. Profession means practice or application of
study for the betterment of the society or people in the form of services.
Professionalism concerns the knowledge and skill of the law faithfully employed in the service
of client and public good.
Medieval and early modern tradition recognized only three professions: they are divinity,
medicine, and law—the so-called "learned professions". After this the achievements of major
milestones as listed below marked an occupation as identified profession.
1. an occupation becomes a full-time occupation
2. the establishment of a training school
3. the establishment of a university school
4. the establishment of a local association
5. the establishment of a national association
6. the introduction of codes of professional ethics
7. the establishment of state licensing laws
Applying these milestones to the historical sequence of development in the United States
shows surveying achieving professional status first (note that George Washington, Thomas
Jefferson, and Abraham Lincoln all worked as land surveyors before entering politics), followed
by medicine, actuarial science, law, dentistry, civil engineering, logistics, architecture and
accounting.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
14 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Characteristics of profession
Any profession has following characteristics
Systematic knowledge and skill based on scientific theory
Professional association
Sense of community
Authenticity of knowledge and skills (license)
Extensive period of education and training
Code of ethics
Public service and the property of public evaluation
High status and rewards
Legitimacy
Mobility
Factors affecting moral of the professionals
There are various factors which affects the moral of the professionals. They are listed as follows:
Inadequate salary, fee and incentives
Defective social norms and values
Low morale of the self
Week implementations of laws and regulation
Lack of political commitment
Six pillars of characters for ethical values of any person
Trustworthiness (honesty, integrity, loyalty, reliability)
Respect
Responsibility
Fairness
Caring
Citizenship
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
15 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Definition of professional engineering:
The practice of professional engineering is any art of designing, composing, evaluating, advising,
reporting, directing or supervising wherein the safeguarding of life, health, property or the public
welfare is concerned and that requires the application of engineering principles, but does not
include practicing as a natural scientist.
According to Nepal engineering council act 2054
Engineering profession is the occupation which is done by the engineers. The engineer has been
defined as a person having graduate degree in engineering from the institute recognized by the
council.
Engineers, in the fulfillment of their professional dutied, shall hold paramount the safety, health
and welfare of the public: NSPE
Professional associations
A professional association (also called a professional body, professional organization,
or professional society) is usually a nonprofit organization seeking to further a
particular profession, the interests of individuals engaged in that profession, and the public
interest.
Professional engineering body is an important body that regulates the practice of professional
engineering and governs its members in accordance with the statue of the body and law
(regulated act) of the country in order to serve and protect the public interests.
The roles of these professional associations have been variously defined:
"A group of people in a learned occupation who are entrusted with maintaining control or
oversight of the legitimate practice of the occupation;
A body acting "to safeguard the public interest;
Organizations which "represent the interest of the professional practitioners,"
Act to maintain their own privileged and powerful position as a controlling body..
In Nepal NEC and NEA are seen to be national level professional associations
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
16 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Nepal Engineering Council (NEC)
It can be said that Nepal entered a modern phase in engineering after the political change in the
sixties. Engineering activities began to contribute to the development of the country and the
engineering profession started to gain respect in the society. The engineering community began
to grow in number and was involved in all spheres of national development and engineers were
allowed to compete in administrative service also for the post of secretary. Furthermore, the
introduction of democracy in 1990 encouraged the growth of engineering colleges in Nepal and
the enrolment of students into these engineering colleges was rising very fast. Hence it was
expected that nearly 3000 engineers would be graduating from local engineering colleges every
year with nearly an equal amount graduating from colleges abroad. So, a need was felt for an
organization to manage the engineering profession. Therefore, to make the engineering
profession more effective, Nepal Engineering Council was formed under the Nepal Engineering
Council Act, 2055 promulgated by the then His Majesty the King on B.S. 2055/11/27 (11th
March, 1999 A.D.). As per the Act, NEC has been vested with the statutory authority for the
planning, coordinated development and monitoring of engineering profession and education in
the country. NEC Act 2055 gives an outline on the formation of the Council, its tenure and the
roles and responsibilities of the Chairman, Vice Chairman and the Registrar.
Objectives of NEC
The objectives of NEC is to make the engineering profession effective mobilizing it in more
systematic and scientific and also to register the engineers as per their qualifications. Its duties
and responsibilities are as follows:
1. To prepare policies, plans and programs for the 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 those engineering
colleges and institutions that meet the required norms and standards and to honor their degrees
and certificates
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 and to register
their name in the Council
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
17 A Reading Material on EPP – BEG 459 CI for Purbanchal University
6. To remove their name from the registration of the engineering council if found to violate the
code of ethics.
Nepal Engineers Association
NEA is an independent nonprofit organization of Nepalese engineers. It was established in 1962.
Today, it represents more than 15000 engineers. Nepal Engineers Association office is located at
Pulchowk behind UNDP building. NEA is governed by an executive body of 15 members
elected by members of the association. As the democratically elected representative body of the
profession, the Executive Council, supported by its various 20 committees decides major policy
issues and NEA`s overall direction. Members are encouraged to participate in the affairs of the
association
Objectives of NEA
To promote development of the engineering science and technology in Nepal.
To promote fellowship goodwill and cooperation assistance among the Nepalese engineers and
safeguard their rights and interests.
By utilizing, to the highest extent possible, the participation of the national engineering
manpower of the country in the national development activities of Nepal, make effort towards
ending foreign dependency in this regard.
To continuously enhance the highest professional ideals among the members and widen it.
To develop relations, fellowship and goodwill with international engineering associations and
institutions.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
18 A Reading Material on EPP – BEG 459 CI for Purbanchal University
2.2 Code of ethics and guidelines for engineering profession
A code of conduct is a set of rules outlining the responsibilities of, or proper practices for, an
individual, party or organization. Code of ethic can be described as:
Framework for ethical judgment for a professional
No code can be totally comprehensive and cover all possible ethical situation
Code serves as a starting point for ethical decision making
It also express commitment to ethical conduct shared by members of a profession
Code of ethics defines the roles and responsibilities of professionals
Code of ethic express
The right
Duties
Obligations of the members of the profession
Codes of engineering ethics identify a specific precedence with respect to the engineer's
consideration for the public, clients, employers, and the profession.
Many engineering professional societies have prepared codes of ethics. Some go back to the
early decades of the twentieth century. These have been incorporated to a greater or lesser degree
into the regulatory laws of several jurisdictions. While these statements of general principles
served as a guide, engineers still require sound judgment to interpret how the code would apply
to specific circumstances.
The general principles of the codes of ethics are largely similar across the various engineering
societies and chartering authorities of the world, which further extend the code and publish
specific guidance. The following is an example from the American Society of Civil Engineers
(ASCE)
1. Engineers shall hold paramount the safety, health and welfare of the public and shall
strive to comply with the principles of sustainable development in the performance of
their professional duties.
2. Engineers shall perform services only in areas of their competence.
3. Engineers shall issue public statements only in an objective and truthful manner.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
19 A Reading Material on EPP – BEG 459 CI for Purbanchal University
4. Engineers shall act in professional matters for each employer or client as faithful agents
or trustees, and shall avoid conflicts of interest.
5. Engineers shall build their professional reputation on the merit of their services and shall
not compete unfairly with others.
6. Engineers shall act in such a manner as to uphold and enhance the honor, integrity, and
dignity of the engineering profession and shall act with zero-tolerance for bribery, fraud,
and corruption.
7. Engineers shall continue their professional development throughout their careers, and
shall provide opportunities for the professional development of those engineers under
their supervision.
Code of Conduct of Nepal Engineering Council
The professional Code of Conduct to be followed by the registered Engineers of the Council,
subject to the provision of the Nepal Engineering Council (NEC) Act, 2055 (1998) and the Nepal
Engineering Council Regulation, 2057(2000), has been published as follows :
1. Discipline and Honesty:
The Engineering service/profession must be conducted in a disciplined manner with
honesty, not contravening professional dignity and well-being.
2. Politeness and Confidentiality:
Engineering services for customers should be dealt with in a polite manner and
professional information should remain confidential except with written or verbal consent of the
customers concerned. This, however, is not deemed to be a restriction to provide such
information to the concerned authority as per the existing laws.
3. Non-discrimination:
No discrimination should be made against customers on the grounds of religion, race,
sex, caste or any other things while applying professional knowledge and skills.
4. Professional Work:
Individuals should only do professional work in their field or provide recommendations
or suggestions only within the area of their subject of study or obtained knowledge or skills.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
20 A Reading Material on EPP – BEG 459 CI for Purbanchal University
With regard to the works not falling within the subject of one's profession, such works should be
recommended to be done by an expert of that subject matter.
5. Deeds which may cause harm to the engineering profession:
With the exception of salary, allowance and benefits to be received for services provided,
one shall not obtain improper financial gain of any kind or conduct improper activities of any
kind, which would impair the engineering profession.
6. Personal responsibility:
All individuals will be personally responsible for all works performed in connection with
his/her engineering profession.
7. State name, designation and registration no:
While signing the documents or descriptions such as the design, map, specifications and
estimates etc., relating to the engineering profession, the details should include, the name,
designation and NEC registration No. and should be stated in a clear and comprehensible
manner.
8. No publicity or advertisement must be made which may cause unnecessary effect:
In connection with the professional activities to be carried out, no publicity or
advertisement shall be made so as to cause unnecessary effect upon the customers.
Note: Engineers, working with government, quasi government, private sectors, NGOs, INGOs,
bilateral and multilateral agencies and consultants etc., if not registered with NEC, can be
punished as it would be against the Law of Land.
NEC is not responsible for registering engineers who complete their studies from any institute or
through any engineering programs unless and until such programs are inspected/monitored &
approved by NEC.
Importance of code of ethics
Code of ethics are important because:
It serves and protect the public
It provides guidance for a professional
It acts as an inspiration
It shares standards
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
21 A Reading Material on EPP – BEG 459 CI for Purbanchal University
It supports the responsible professionals
It provides proper education and mutual understanding
It is base for discipline
It contributes the professional image and status
How a code of ethics does helps to achieve goals?
Help to create environment within a profession where ethical behavior is the norms
Serves as guidance or reminder of how to act in a specific situation
Code provides a backup for an individual who is being pressured by a superior to behave
unethically
A support for collective sense of correct behavior
Code can indicate to others that a profession is seriously concerned about responsibility,
professional conduct
Ethics and decisions
Decisions are usually made in two level:
Institutional: Institutional decisions are carried out by
Economic analysis
Social analysis
Legal (law and rules analysis)
Individual:
Psychological analysis
Philosophical analysis
Ethical dilemma
Decisions moves around
Legal provisions; standard of practice: is it comply or not?
Intention: right or wrong motive
Consequence: beneficial or harmful
Characteristics of Ethical problems
Most ethical decisions have extended consequences
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
22 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Most ethical decisions have multiple alternatives
Most ethical decisions have mixed outcomes
Most ethical decisions have uncertain consequences
Most ethical decisions have personal implications
Major ethical systems relevant to managerial decisions
Ethics is a system of belief that supports the view of morality. Morality concerns with the
principle of what is good and bad, right or wrong behaviors. Engineering morals measure the
standard of good behaviors of engineers. As engineering people are the people to work for the
benefits of mankind by exploiting the properties of matter and sources of power, they can come
across moral dilemma in various stages of works. The interest and will of the people in the
society may differ mainly because of seeking more benefits or return on behalf of them alone.
They start then influencing the engineering people and the conscience of engineers’ come across
moral dilemmas. The engineers need to overcome the dilemma considering various laws of
ethics as described under which are also known as major ethical systems relevant to managerial
decisions:
1. Eternal law:
This law is guided by law of nature and society. It is based on traditions and values. This
describes the do onto others as you would have others do onto you.
2. Utilitarianism:
This urges the greater benefits to greatest number of people or society.
3. Universalism:
This describes the obligations and duties of ones. Decisions or act is right and proper and
good only if everyone, faced with the same circumstances, is expected to make the same
decisions.
4. Distributive justice:
Decision or act is right and proper and good only if the least advantaged members of our
society somehow enjoy a better standard of living after the decisions is made. This
focuses laws applies equal to all.
5. Personal liberty:
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
23 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Decision or act is right and proper and good only if all members of our society somehow
enjoy s greater freedom to develop their own lives.
Ethical theory
1. Utilitarianism: seeks to produce the most utility taking into account the consequences
for everyone affected
2. Duty ethics: contends that there are duties that should be performed (no to injure others)
regardless of whether these acts lead to the most good
3. Right ethics: emphasizes that we all have moral rights, any action that violate these right
is ethically unacceptable
4. Virtue ethics: regards actions as right that manifest good character traits and regards
action as bad that display bad character trait. Good character is centrally of morality
5. Self-realization ethics: emphasizes the moral significance of self-fulfillment. How self is
conceived? The self to be realized is understood in terms of caring relationships ad
communities.
Duty ethics and right ethics in ethical decisions:
Duty ethics:
It contends that there are duties that should be performed regardless of whether these acts lead to
the most good. Ethical actions are those actions that could be written down on a list of duties
like: be honest, no harm to others, be fair to others, be obey etc. These actions are our duties
because they express respect for persons, express an unqualified regard for autonomous moral
agents and are universal principles.
Right ethics:
It emphasizes that we all have moral rights, any actions that violates these right is ethically
unacceptable. It says we ought to respect human right..
Holding paramount the safety, health and welfare of the public can be interpreted as having
respect for the public’s right to life (by producing safe products), rights not be injured (by
dangerous products), and rights to receive benefits through fair and honest exchanges. The three
basic and important human rights are: life, liberty and property.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
24 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Both of these ethic theory achieve the same conclusion:
Individual persons must be respected and actions are ethical that maintain this respect for
the individual.
In duty ethics, people have duties, an important one of which is to protect the rights of the
others. And in right ethics, people have fundamental rights that others have duties to
protect.
2.3 Relationship of engineering professions to basic science and technology and other
professions
The basic science teaches us the law of nature, properties of matter and sources of power that are
available around us. Technology teaches us the best application of those laws of nature and
utilization of the properties of matters and sources of power by which, engineers can make new
facilities and create new services. Basically the basic science and technology used in an
integrated form as separate profession for the welfare of people is engineering. Therefore,
engineering knowledge is not possible without basic science and technology.
Technology
It is the output from the application of all knowledge and expertise to produce something useful,
a product, a process, a system or a methodology. The new economic theory urged that presence
of capital and labor solely maximizes the wealth of a nation but also a technology should be
there on other side.
Science
It is the main input to knowledge
It pushes forward the boundaries of knowledge and illuminates area of ignorance which
enables engineers better to perform their tasks.
Engineering
It harness all knowledge and experience to produce something useful
It is the process and the know-how which makes it happen
The application of science
Engineering has two roles:
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
25 A Reading Material on EPP – BEG 459 CI for Purbanchal University
A bridge between science and technology
o S+E = T
A role to take technology successfully to market which is termed as innovation
o T+E+M = I
o Whatever the future is, it is heavily depended upon technology. The engineer and
engineering play the central role in its creation and its successful operation.
o The engineer is by profession best placed to span the gap between science and
technology and the gap between technology and innovation
o The engineer is best placed in cooperation to harness technology for profitable growth
and so should take a leadership role
o The engineer and engineering turn knowledge and experience into something useful
technology
Relationship of engineering with other professions
Engineering have relationship with almost all areas of disciplines like:
o Economics
o Medicine
o Law
o Sociology
o Geology
o Art
o Politics etc.
o Relationship with medicine and biology
o The study of human body from different directions and for different purpose is an
important common link between medicine and some engineering discipline
o Medicine aims to sustain, enhance and even replace functions of the human body,
if necessary through the use of technology
o Modern medicine can replace several of the body’s part and functions through the
artificial organs and can significantly alter the function of human body through
artificial devices such as implants, pacemakers etc.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
26 A Reading Material on EPP – BEG 459 CI for Purbanchal University
o Medicine in part studies the functions of the human body. The human body as a
biological machine has many functions that can be modeled using engineering
methods.
o The heart for example functions musk likes a pump, the skeleton is like linked
structure with levers, the brain produce electric signals etc.
o These similarities as well as the increasing importance and application of
engineering principles in medicine lead to the development of the field of bio-
medical engineering that utilizes concepts developed in both discipline
o Relationship with art: There are direct connections between art and engineering. For
example architectural design and aesthetics.
o The art of institute of Chicago for instance held an exhibition about the art of
NASA
o Among famous historical figures, Leonardo Da Vinci was a well-known artist and
engineer.
o Relationship with political and sociology discipline: In political science the term
engineering has been borrowed for the study of the subjects of social engineer and
political engineering which deals with forming political and social structure using the
engineering methodology coupled with political science principles.
o
Relation with others…
o Financial and economic viability of engineering projects. The development of
infrastructure to increase the economic benefits and growth of nation gives the clear
relationship of engineering and economics. Study of engineering economy and resource
economy is vital example for this.
o Engineering has relation with law and other philosophy regarding the contract
administration, management and dispute during the construction works and procurement
management.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
27 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Chapter 3.0 Engineering professional practice sectors in Nepal
3.1 Public sectors: government organization
There are all together 29 different sector-al ministries in present context at Nepal. The
details of them are attached here in annex.
Among 29 of them, there are more than 10 ministries where placement for engineer in
different level exist.
There are different departments under different sector-al ministry. Some of the
departments are listed here below:
o Department of local infrastructure and agricultural roads (DOLIDAR)
o Department of roads
o Department of irrigation
o Department of electricity development
o Department of water induced disaster control
o Department of hydrology and metrology
o Department of survey
o Department of mines and geology
o Department of education
o Department of cottage and small industries
o Department of drinking water and sanitation
o Department of archeology etc.
The ministries and departments have regional and district offices. Some of them are as
follows:
o Division road office
o Division irrigation office
o Division building office
o Division water supply and sanitation office
o District technical office
o District Education office
o District agriculture development office
o District survey office etc
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
28 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Local bodies
There are three types of local bodies at different levels
o District development committee (75)
o Municipality (58)
o Village development committee (3915)
Government owned corporations and committees
o Nepal electricity authority
o Civil aviation authority
o Nepal telecommunication authority (Nepal telecom)
o Alternative energy promotion center
o Nepal industrial development corporation
o Nepal airlines
o Hetauda Cement
o Nepal Oil Corporation etc
Government owned financial institutions
o Nepal Rastra bank
o Nepal Bank Limited
o Rastriya Banijya Bank
o Nepal Agricultureal Dvelopment Bank
Government Educational Institutions / university
o Tribhuvan University
o Institute of engineering (IOE)
o University grant commission
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
29 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Recruitment process in public sectors
For the ministries, departments, regional offices, district offices all recruitment process is
done by public service commission.
Process of selection by PSC
The PSC conducts examinations for the selection of candidates as per the public service
commission procedure 2048 B.S using any one or more methods of selection as follows:
Open competitive written examinations, followed by practical examinations (if any)
and Interview.
In order to carry out selection process, the PSC publishes vacancy announcement for
the concerned candidates on its weekly bulletins published every Wednesday as well
as in national daily “Gorkhapatra”.
For other governmental bodies, the selection process is done by their respective
guidelines in coordination with or without PSC.
3.2 General Job descriptions of engineers working in the public sectors
Gazatted III class to I class post are there in public sectors. These post are placement in
ministries, departments, regional offices and district offices similarly in national projects.
Gazetted III class officer (technical)
Post: Engineer
Service: Engineering
Group : Civil / Electrical / Mechanical / Miscellaneous etc.
Sub-group : General / Highway / Irrigation / Building & Architect / Sanitary / Hydropower
etc.
Rank: Gazetted III class
Level : 7th
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
30 A Reading Material on EPP – BEG 459 CI for Purbanchal University
More or less the job descriptions of all of the sub groups are similar. Basically following job
descriptions are seen for fresh entering engineer on III class post.
Site surveying, investigations
Preliminary study pre-feasibility study
Supervision of works, subordinates
Assist in design and assist in selection of consultant, contractor etc.
preparation of contract document
preparation of annual procurement plan
quantity estimates and BOQ
assist during the preparation of schedule of rates
to check the running bills and assist in payment
technical trainer to subordinates, users committees and other stakeholders
maintain MB, muster roll and other necessary documents in the site as a site engineer
Gazetted II class officer (technical)
The following job descriptions are seen for II class officer
Work as a project manager in the project
Overall administrative and management of projects
Approve the design
Approve the consultant selection, contractor selection and contract
Facilitate to approve the cost estimates
Facilitates in payment
Approval of procurement document and plan
Works for specifications, norms and by laws
Supervision of works and engineers
Gazetted I class officer (technical)
The following job descriptions are seen for I class officer
Policy making
Advisory
Planning
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
31 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Preparation of Codes of conduct
3.3 General Job descriptions of engineers working in the private sectors
Private sectors in Nepal are the sectors of contractors, consulting firms and private engineering
college.
Construction industry in Nepal
In the last two decade there has been considerable progress in the construction industry. During
the period the Nepalese contractors have been able to develop their management skill, improve
working capacity, financial and technical capabilities, and acquire suitable construction
equipment. As a result local contractors have been able to compete and participate in mega
construction project. Basically this article tries to explore the development of construction
industry in Nepal; identify challenges faced by the contractors as well as the prospect of
construction industry building new Nepal.
Classification of Construction Company
The licensing and classification of contractors came into practice after implementation of the
Construction Classification Regulation in 1975. There were twice amendment of the regulation
in 1994 and 1999. Contractors should be registered on FCAN. The contractors' category are as
follows:
Classification Members
Class A 194
Class B 322
Class C 1301
Class D >15000
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
32 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Consulting agencies
The consulting industry in Nepal received new opportunities and challenges from early-seventies
when government departments started using private professional to provide services in small
scale engineering projects. Since then, though the industry is in a continuous path of growth, the
parallel support from the concerned quarters of the formulation of appropriate polices,
regulations and environment for healthy development could not take place.
Thus, in order to protect the interest of consulting industry of the country, the Society of
Consulting Architectural & Engineering firms, Nepal (SCAEF) was registered with the then
GON on November 20, 1990 under the collective endeavor of the professional consulting firms.
The Government has recognized SCAEF as the National Body on August 15, 1996 and has
designed Ministry of Physical Planning and Works as "Line Ministry" to look after the interest of
SCAEF and its member firms on February 22, 2005. There are around 104 members of
consulting firm associated with SCAEF.
Private engineering college:
There are more than 35 engineering colleges in Nepal. Among which more than 30 are private
colleges affiliated in four universities. Four universities are Tribhuvan, Purbanchal, Kathmandu
and Pokhara. List of colleges and their details are attached in annex.
Other sectors
There are two types of industries manufacturing and marketing. There is a placement for
engineer in both industries. Similarly various NGOs and INGOS are there in Nepal working in
the field of rural infrastructure and capacity development along with governance, where an
engineer can perform their works.
General Job description of contractor’s are as follows:
Typical work activities
Work activities vary depending on the type of employers and nature of the project but typically
involve:
acting as the main technical adviser on a construction site for subcontractors, crafts
people and operatives;
setting out, leveling and surveying the site;
checking plans, drawings and quantities for accuracy of calculations;
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
33 A Reading Material on EPP – BEG 459 CI for Purbanchal University
ensuring that all materials used and work performed are as per specifications;
overseeing the selection and requisition of materials and plant;
managing, monitoring and interpreting the contract design documents supplied by the
client/architect;
liaising with any consultants, subcontractors, supervisors, planners, quantity surveyors
and the general workforce involved in the project;
liaising with the local authority (where appropriate to the project) to ensure compliance
with local construction regulations and by-laws;
liaising with clients and their representatives (architects, engineers and surveyors),
including attending regular meetings to keep them informed of progress;
day-to-day management of the site, including supervising and monitoring the site labor
force and the work of any subcontractors;
planning the work and efficiently organizing the plant and site facilities in order to meet
agreed deadlines;
overseeing quality control, health and safety matters on site;
preparing reports as required;
resolving any unexpected technical difficulties and other problems that may arise
General Job description of consultant’s are as follows:
Design, research and investigation for design
Prepare cost estimates at different stages
Help client in contractor selection procedures
Quality, cost and time controlling
Supervise the works of contractor
Reporting to the client
Works as a client's representative
Approval for the bills and guide the client for payment
General Job description of engineer as a teacher in private engineering college are as
follows:
Preparation for lectures
Conducting exams, tests
Academic counseling and curriculum meetings
Evaluating student’s performance and ability
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
34 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Guidance to research works and project supervision
Advisory to projects works
Lab works
Talk programs, presentation and seminars
Career counseling and training
Extracurricular activities
General Job description of engineer in manufacturing companies are as follows:
Designing (product and process)
Research and development works
Quality controls
Labor management
General Job description of engineer in NGOS and INGOS are as follows
Planning
Designing
Quantity estimates
Supervision
Capacity development
Training
Promotional activities
Reporting
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
35 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Chapter 4.0 Engineering profession practice in Nepal
4.1 The engineering council act 2055
To make the engineering profession more effective, Nepal Engineering Council was formed
under the Nepal Engineering Council Act, 2055 promulgated by the then His Majesty the King
on B.S. 2055/11/27 (11th March, 1999 A.D.). As per the Act, NEC has been vested with the
statutory authority for the planning, coordinated development and monitoring of engineering
profession and education in the country. NEC Act 2055 gives an outline on the formation of the
Council, its tenure and the roles and responsibilities of the Chairman, Vice Chairman and the
Registrar
Major outline and provisions of NEC act 2055
Preamble of NEC Act 2055: It is expedient to make the provision of Nepal Engineering Council
in order to make the engineering profession effective in the Nepal and mobilize it in a systematic
and scientific manner as well as to provide for, among other matters, the registration of the
names of engineers as per their qualification.
Establishment of Nepal Engineering Council: The Nepal Engineering Council has hereby
been established in order to mobilize the engineering profession in a systematic and scientific
manner by making it effective, as well as to make provision for, among other matters, the
registration of the names of engineers as per their qualifications.
Council to be an Autonomous Body:
The council shall be an autonomous and corporate body with perpetual succession.
The council shall have a separate seal of its own for all of its business and transactions.
The Council may, like an individual, acquire, use, own, sell or distribute movable and
immovable properties or make provision of them by any other manner.
The council may sue or be sued in its name like an individual.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
36 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Constitution of the Council:
The council established shall consist of the following Members:-
An engineer nominated by GON from amongst the engineers who have at least fifteen
years' experience in the engineering profession after having obtained a Bachelor's Degree
in subject of engineering. - Chairman
An engineer nominated by GON from amongst the engineers who have at least ten years'
experience in the engineering profession after having obtained a Bachelor's Degree in a
subject of engineering. - Vice- chairman
Five engineers nominated by GON from amongst the engineers engaged in the
engineering profession. -Member
President, Nepal Engineers Association - Member
Five engineers elected by Nepal Engineers Associations -Member
One Campus Chief nominated by GON from amongst the Campus Chiefs of the
Engineering Colleges. -Member
Representative, Institute of Engineering, Tribhuvan University - Member
Two Engineers nominated by the Council - Member
Registrar - Member-Secretary
Total numbers of members in council: 17 members
The Tenure of Office of the Members:
The tenure of office of the Members nominated or elected to the Council shall be four
years. The Members whose tenure of office has expired may be re-nominated or re-
elected, subject to the other provisions laid down in this Act.
If any seat of a Member falls vacant prior to the expiry of the tenure of office, the seat of
the Member so fallen vacant shall be filled through nomination or election of another
member for the remainder of the tenure.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
37 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Functions, Duties and Powers of the Council: In addition to the functions, duties and powers
set forth elsewhere in this Act, the Council shall have the functions, duties and powers as follows
To prepare and implement the policy, plan and programmes as required for carrying out
the engineering profession in a proper manner.
To recognize, as prescribed, the academic institutions providing the engineering
education and certificates and degrees granted by such institutions.
To determine the qualifications required for practicing the engineering profession and to
register as prescribed with the Council the names of the persons having possessed the
specified qualifications.
If a registered engineer violates the professional code of conduct as prescribed or does
not comply with it, to remove the name of such engineer from the Council by fulfilling
the procedures as prescribed.
Disqualifications for Being a Member: Any of the following persons shall not be eligible to be
nominated or elected to the post of a Member of the council:-
Non-Nepalese Citizen
The person whose name has been removed from the Registration Book.
The person whose property has been divided proportionately among the creditors for
having failed to pay the debts due to the creditors (bankrupt person).
The person who has been punished by a court upon being convicted in a criminal charge
involving moral turpitude, and
The mentally disordered person
Nepal Engineering Council rules, 2057
Nepal Engineering Council Rules, 2057 has also been prepared and approved by the Government
as per the provision of Clause 37 of the Act. It defines the registration of engineers into three
following categories.
a) General Registered Engineer
b) Professional Engineer
c) Non-Nepali Registered Engineer.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
38 A Reading Material on EPP – BEG 459 CI for Purbanchal University
NEC Rules 2057 also lay down the Professional Code of Conduct for engineers registered with
the Council.
NEC has developed a "Strategy document" and a 5 years log frame has been prepared (Annex-I).
The product of the Strategy will be shared with stakeholders in the coming days is to enhance the
quality of the documents.
NEC has also established a Quality Assurance Cell (QAC), headed by an engineering staff,
which will develop programs to address the problems regarding the quality of engineering
products & processes. Recently, NEC has entered into a Memorandum of Understanding (MoU)
with University Grant Commission (UGC) regarding Quality Assurance and Accreditation
(QAA) which will help NEC to launch Quality Assurance Programs as well as help NEC in its
capacity development in Quality Assurance. So for, 13,179 engineers has been registered with
NEC as of Bhadra 2066.
Total of 30 engineering colleges have been approved by the Council to run different faculties of
engineering with different intake capacities.
4.2 System of provision for private practice and employee engineers
According to NEC act 2055, “no person shall practice the engineering profession without getting
his name registered in the Council”. This is describes in line 11 in title Prohibition to Practice
Engineering Profession without Getting Registered name.
Registration Process
Applying for registration
Checking the application registrar subject committee
Investigation and recommendation subject committee
Register the name
Certification of the name registered
Inform if decision is made not to register written reasons
Removal of the name from the register book if:
o Mentally ill
o Bankrupt
o Violate the specified code of conduct
o By mistake if anybody without basic qualification has been registered
We need to follow the registration process which costs completely
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
39 A Reading Material on EPP – BEG 459 CI for Purbanchal University
- Rs.3550 (Nepalese Universities / Colleges)
- Rs.4550 (Foreign Universities / Colleges).
- The copy of voucher deposited at Rastriya Banijya Bank in favor of NEC,
current Account no.1093 along with all the documents mentioned below to be submitted at NEC
Office:
- Attested copies of Academic Certificates
-SLC mark sheet
-Character certificate,
-Intermediate level or 10 +2 Transcript
-Character certificate,
-B.E. Degree /provisional Certificate,
-B.E Transcript
-Character certificate).
-Attested copy of Citizenship.
Recommendation
Copy of ID card or Permanent Certificate (Those who have given recommendation)
must be attested for recommendation.
Note: Attested Number of copy must be Single.
The details of cost breakdown (registration fees) are as follows:
Registration Fee for Nepalese Universities / Colleges
1)Form:Rs50
2)Permanent:Rs3000
3)Temporary:Rs300
4) I.D.: Rs 200
Total Amount: Rs 3550 (Three thousand five hundred fifty rupees only)
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
40 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Registration Fee for Foreign Universities / Colleges
1)Form:Rs50
2)Permanent:Rs4000
3)Temporary:Rs300
4) I.D.: Rs 200
Total Amount: Rs 4550 (Four thousand five hundred fifty rupees only)
4.3 Contract law
Contracts
An agreement between two or more parties to do something for a consideration establishes the
basis for a contract. “A contract is a promise or a set of promises for the breach of which the
“law recognizes duty.”
Engineering Contracts
An Engineering Contract is a mutual agreement negotiated between two parties for the purpose
of undertaking, on a commercial basis, certain clearly specified engineering work.
Essentials of a Valid Contract
There is a saying that all contracts are agreements, but all agreements are not contracts
because, the fulfillment of certain requirements only give an agreement a status of contract.
Therefore, we call such requirements as essentials of a valid contract. Therefore contract must be
legally strong so that in case if a party does not fulfill contractual obligations then necessary
legal measures can be taken. Followings are the essentials of a valid contract:
i. Offer and Acceptance: First a party should make an offer and then the other party
should accept the offer made by the first party.
ii. Free Consent: Offer must have been accepted freely without any coercion.
iii. Legal relationship: The intention behind entering into a contract should be creating
legal relationship between the parties involved.
iv. Competent Parties: The parties into a contract shall be legally competent. As per the
Contract act 2056, except a person whose age is below 16 years and who is out of
self-control, all other persons can enter into a contract.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
41 A Reading Material on EPP – BEG 459 CI for Purbanchal University
v. Legal Objective: The objective of an agreement shall not be illegal.
vi. Lawful Consideration: Both parties involved in a contract must be benefited from
the contract.
vii. Possibility of Performance: The agreement made shall have possibility of
performance.
viii. Certainty: There must be certainty. Agreement should not be ambiguous, vague and
unlimited.
ix. Writing and Registration: To have legal status, writing and registration of an
agreement is very often needed.
Void Contracts
The following contracts shall be void:
i. Contract restraining anyone from using the privileges or facilities, which are
being used by general public.
ii. Contract made in violation of the matter prohibited by prevailing law.
iii. Contract made for immoral purpose or against the public policy or interest.
iv. Contracts, which are not explicit due to its inability of giving reasonable
meaning.
v. Contracts made by incompetent persons.
vi. Contract made for unlawful considerations.
Contract Formation
When two parties mutually agree to transaction, a contract is formed. Negotiation for a contract
is begun by the Principle inviting an offer or a proposal to undertake the work under a contract
from one or more suitably qualified individuals or corporations. The formal offer made by a
contractor in response to such an invitation is referred to as tender. Where one party only is
invited to submit a tender, the agreement may be reached by direct negotiation. Where two or
more parties are invited, the agreement is usually reached by a competitive tendering process in
which tenders are invited and evaluated in accordance with clearly defined provisions.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
42 A Reading Material on EPP – BEG 459 CI for Purbanchal University
The bidding process for the construction works amount greater than 0.5 million up to 2
million is proceeds by sealed quotation. The offer should published the invitation of
quotation through quotation notice of 15 days in national daily.
Similarly bidding process for the construction works amount greater than 2 million
should follow the procedures of sealed bidding. The offer should published the notice of
bidding through tender notice of minimum 30 days in national daily.
4.4 Preparation of tender document and tendering process
Preparation before inviting tender
Project Preparation
The scheme of the project is prepared with the detail feasibility study.
Estimating of Quantities
The quantities of all the terms involved in the project are to be estimated.
Cost Estimate
Tentative cost is derived with prevailing rates of items involved in work.
Approval of estimate
Estimated cost should be approved by the concerning authority.
Resource Planning
The owner should allocate the necessary resources basically; the budget should be
arranged for the construction at different stages.
Tender document preparation
All the documents required during the tender (Bill of Quantities, Specifications, and
Drawing etc.) should be prepared and should be approved by the authority.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
43 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Tender Notice
Tender notice is the information inviting bids from competent contractors. It should be
widely published in important daily newspaper.
When all the preliminaries i.e. development of project have been completed and owner
has decided to proceed with the work, tenders are invited. Legally this is an attempt to
ascertain if an offer can be received from interested contractors to execute the work in the
estimated limit of time and finance.
Minimum 45 days fir ICB, 30 days for NCB and 15 days for sealed quotation
Tender / bidding Document
Bidding Document is a document prepared by the concerned firm making invitation to bid for
submission by bidders by filling up the price or rate. This includes instructions to bidders,
specifications, drawing, design, terms of reference, schedule of work, evaluation criteria, bill of
quantities, conditions of contract and similar other documents. Matters to be stated in Bidding
Documents: Notice of Invitation for Bids
Letter of Invitation for Bids
Instructions to Bidders
Form of Bid
Form of Agreement
Conditions of Contract, both General and Particular
Specifications and Drawings
Bill of Quantities
Bidding data sheet or Appendix
Bid security form
Performance Security form
Bank Guarantee form for advance payment
List of additional information required from bidders
Qualification form and instruction to bidders where Post-Q is used.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
44 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Earnest money/ bid bond/ bid security/ tender guarantee
It is the amount of money deposited while bidding a tender as a guarantee of the party's
willingness of carrying out the work awarded to him. Bidder shall have to submit the bid along
with bid security of 2 to 3 % of the estimated amount of the bid in cash or a bid security, of
equivalent to that amount, issued by a commercial bank. This is refunded to unsuccessful bidder.
If a successful bidder fails to carry out the contract, this amount is forfeited.
Prequalification works of contractor
The successful execution of contracts for large and complex buildings, civil engineering, supply
and installation, turnkey, and design and build projects requires that contracts are awarded only
to those firms, or combinations of firms, that are suitably experienced in the type of work and
construction technology involved, that are financially and managerially sound, and that can
provide all the equipment required in a timely manner. The assessment by an implementing
agency of the suitability of firms to carry out a particular contract prior to being invited to submit
a bid is a process called Pre-Qualification.
It is a kind of short listing of eligible bidder to avoid crowding of bidder. It ensures that the
invitation to bides extended only to those perspective bidders who have adequate capability and
resources to perform the particular contract satisfactory taking in to account their-
Experience and past performance on similar contract
Capabilities w.r.t. personnel, equipment and construction facilities
Financial position
Litigation history
Matters to be stated in the Pre-qualification Documents
Qualification required for the proposed work and in the case of a joint venture the
qualification of the partners,
Documents and information to be submitted by bidders to prove their qualifications and
eligibility,
If procurement requires to be made by making separate lots or package of goods or
construction work such lots or packages,
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
45 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Method of preparing proposal,
Procedure of evaluating pre-qualification proposal,
Major terms and conditions of procurement contract,
Method, place, deadline for submitting pre-qualification proposals.
Benefits of Prequalification
The prequalification process may be of benefit to both bidders and the Employer alike, in that:
(a) The process enables prospective bidders, who may be insufficiently qualified on their
own, to avoid the expense of bidding, or to form a joint venture that may give a better
chance of success;
(b) With prequalification, well-qualified firms will price their bids with the knowledge that
they are competing against other qualified bidders meeting realistic minimum
competence criteria; it assures that an inadequately qualified competitors will be
excluded from submitting unrealistically low bids which encourages the qualified and
leading contractors to bid;
(c) Prequalification enables the Employer to assess the interest from qualified firms
generated by the contract and, in the event that only a limited number of applications are
received, to make any necessary adjustments in the procurement process (including, in
particular, the special conditions of contract—sharing of risk, payment terms, liquidated
damages, or completion times, which may be perceived as onerous by potential bidders);
(d) It reduces the amount of work and time involved by the Employer in evaluating bids from
unqualified contractors;
(e) It encourages local firms to form joint ventures with other local or international firms,
thereby benefiting from their resources and experience;
Disadvantages of Prequalification
On the negative side, prequalification has some potential disadvantages:
(a) It may increase procurement lead time, although this can be minimized by good
procurement scheduling, e.g., undertaking the prequalification process while bid
documents are being prepared;
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
46 A Reading Material on EPP – BEG 459 CI for Purbanchal University
(b) The Employer is required to review all prequalification applications, whereas post-
qualification requires the review of the qualifications of, normally, only one (the lowest
evaluated) bidder;
Opening, Evaluation of tender and selection of contractors
4.5 Finalization of Contract documents
Opening of Bid
As per PPA 2063, Bids are to be submitted in Single envelope system containing both the
technical and financial proposals. The bids are opened in the presence or absence of the bidders
or their representatives. The financial proposals of the bidders are first read aloud and written in
minuet. Then the technical proposal of the bidder with lowest financial proposal is opened and
evaluated. If the lowest bidder also passes in technical proposal and meets all the eligibility
criteria, bidder is considered to be Lowest Responsive and selected. If the bidder with lowest
financial proposal fails or does not meet the eligibility criteria, then the bidder with second, third
etc. are checked for eligibility and their technical proposals are evaluated to measure the post
qualification.
For two envelope system, bidders shall submit technical and financial proposal separately
Preliminary Examinations of Bids
The purpose is to identify and reject bids that are complete as required by the bidding documents
before further detailed evaluation. The principal areas to be covered are: Verification of
signature, registration, J/V agreement; Eligibility of bidders; Bid Security; Completeness and
qualifications.
The purpose of the bid evaluation process is to determine the lowest evaluated substantially
responsive bid in accordance with the terms and conditions of the bidding documents. The Bid
Evaluation Committee established by the implementing agency shall evaluate bids. Evaluation of
bids shall be on the basis of the information in the bids alone.
In evaluating and comparing a bid, comparison shall have to be made by fixing the quoted price
excluding Value Added Tax. The evaluation committee shall have to evaluate the bid included
for evaluation in accordance with the criteria and method set forth in the bidding documents of
such bid. While evaluating a bid, the technical, commercial and financial aspect of such a bid
shall be evaluated.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
47 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Determination of Substantial Responsiveness of Bids
A bid is considered substantially responsive if it does not contain any major deviations from the
bidding documents or conditions which cannot be determined reasonably in terms of monetary
value for financial adjustment. The purpose is to reject bids which are not substantially
responsive to major commercial and technical requirements.
A bid may be rejected as:
Commercial reasons for rejecting bids are:
Bid security/bid validity period not in accordance with bidding documents.
Inability to meet critical work schedule.
Failure to comply with minimum experience/ financial capability.
Conditional bids.
Technical reasons for rejecting bids are
Failure to bid for the required scope of work.
Failure to quote for each item in BoQ.
Failure to satisfy major requirements in the Specifications.
Detail evaluations of Bids
The detailed evaluation shall be based on the evaluation criteria as specified in the bidding
documents. The purpose is to determine the evaluated cost of each bid. The basis for award of
contract shall be the bidder with the lowest evaluated substantially responsive bid subject to:
If bidders are pre-qualified,
If the bid contains no substantial deviations from the specifications (Technical
Responsiveness),
If the lowest evaluated cost is well within the cost estimate
If rate analysis submitted by the bidder is logical and realistic.
Bid Evaluation report
The bid evaluations Committee shall prepare a Bid Evaluation Report, within 15 days of starting
of bid evaluation, in the format contained in the Standard Guide for Bid Evaluation and submit to
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
48 A Reading Material on EPP – BEG 459 CI for Purbanchal University
the Competent Authority for further considerations and actions. If there is no donor involvement
or the donor does not require no objection, the Project Manager or Competent Authority may
enter into negotiation/agreement process.
4.6 Approval of Contract Document
Letter of Intent to Accept the Bid/Contract
Within 7 days of the approval of the recommendations of the Bid Evaluation Committee, the
Employer may issue the letter of intent to accept the lowest evaluated responsive bidder. This
information is to be given to all bidders through public notice in newspaper. If no other bidders /
concerned persons submitted any complain about this selection, the contract is awarded to the
selected bidder and called for agreement with required performance bond within 15 days.
Performance Security
It is the amount of money deposited by a successful bidder as a security for satisfactory
performance. In Nepal, security deposit is equal to 5% of contract amount for Nepalese firm
where as it is 10% of contract amount for foreign contractor. This is refunded after completion of
Defect Liability Period (maintenance period). If the work is unsatisfactory or contractor fails to
perform his duty, this fund is forfeited. The bidding documents normally provide 15 days from
the date of issuance of the LOA by the Employer for the submission of Performance Security
Conditions of Contract and contract agreements
While executing the construction contracts, various disputes arise between parties. Dispute
would arise when the decision of one party was not acceptable to the other party and not
agreeing of the other party was not acceptable to the first party. Under such circumstances, the
parties felt that the contract document was not clear enough. Therefore the necessity of a clear
Conditions of Contract was felt and more and more was written to make contract document
clearer.
The employer may issue a letter instructing the Contractor to commence work, in advance of the
signing of the Agreement provided that the Contractor has submitted the necessary securities and
insurances.
Bid Validity Period
The bid validity period must be sufficient to cover the entire time required for evaluations of bids
plus discussions and issuance of LOA. (90 to 120 days).
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
49 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Bid Security Period
The Bid Security period must be sufficient to cover the Bid Validity period plus 28 days allowed
for the successful bidder to obtain, and the employer to confirm, the Performance Security,
following which the Bid Security may be returned. If the employer requests an extension of the
Bid Validity period then the Bid Security must be extended by a corresponding number of days
without any additional cost to the Employer.
4.7 Community based engineering project launching procedures
Community based engineering projects are the projects that seek participation of the community
for its identification, selection, designing, implementing and maintaining for their direct uses.
Community based projects involve at least one member and especially headman from each
family of the community
Users’ group is those group of people who are directly involved in the project from identifying,
planning, execution and maintenance of the project. They are trained motivated and made
activated in the works of the community so that the facility built may last longer
providing/serving as expected.
Most part of the country has been covered with rural areas. Therefore, labor based technology
along with the participation form the community people makes the projects more sustainable.
There are various kinds of projects and programs which are launching through sector-al
ministries and line agencies throughout the nation. The major responsible ministry to implement
the rural infrastructure with community based methodology is ministry of federal affairs and
local development. The local bodies DDC, VDC and municipalities are the implementing
agencies for infrastructures at local level. Besides these other line agencies and offices like,
water supply, irrigation, roads etc. are also implementing the projects at local level trough user’s
participation.
Community based projects:
Social projects which involve many kinds of people residing in the community as the
member of users group committee
Community based projects are identified, developed, designed, implemented and
maintain according to the requirement of community
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
50 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Usually in Nepal , community based projects are funded by WB, ADB, UNDP, JICA,
CIDA, USAID and other donor agencies through various projects and programs.
Basically local level projects and rural infrastructure which are labor based are
implemented in community level through their participation.
PPA 2063 urged that works of simple nature up to 6 million in cost could be executed by
users committee.
The local self- governance act 2055 and local self -governance regulations 2056 provides the
authority to VDC, DDC and Municipality in order to carry out the yearly local level planning
process regarding the collection of demands of the public from local level to district level and up
to the national level. The fourteen steps planning process started from the settlement level
initiates the demand collection and need assessment of every settlement. These needs are
transferred to the ward level and then to the VDC and municipality level. After then projects
which are to be recommended for district level are transferred to district and then to sect oral
ministries and up to the national planning commission. Those projects which can be
implemented at VDC level are endorsed by VDC and Municipality, similarly those which can be
implemented by DDC are endorsed at DDC level, and remaining projects are transferred to the
ministries and NPC. This process is carried to launch the infrastructures related projects. It shows
that demand collection and need assessment procedures are initiated from the settlement level.
However the basic procedure for launching community based projects follows steps:
Appointment of consultants
Donor / funding agencies
Hiring of engineering firms
Formation of UCs
Some community based projects implementing in Nepal are:
LGCDP
RAP
RVWRMP
RRRSDP etc.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
51 A Reading Material on EPP – BEG 459 CI for Purbanchal University
4.8 Users group formation and community participation
Any projects which are community based in general are executed through the formation of users
committee. Users committee are those committee, which consists of various members who are
directly befitted from the proposed projects. The user’s committee’s guidelines of MOFALD
says that,
There must be 7 to 15 members in users committees.
UC must be formed by formalizing the mass meeting consisting as much as the direct
beneficiaries
33 % of women’s participation in member is must
Among three vital post, president, secretary and treasurer, one must be for women
Members must be within the territory of project area and must be directly benefitted with
the projects
No two member form same household is allowed in user’s committee.
Effective and meaningful participation must be there in UC
5 members monitoring and supervision committee must be formed along with the UC
Project information board, public and social audit must be done after completing the
projects
UC should contribute minimum 20 % of participation in terms of cash or kind
Registration of UCs:
UCs can be registered in District Administration office of related district. The members of UC
should prepare the legal documents regarding the guidelines of their UC. A complete documents
containing following informations must be submitted to DDC first. A complete documents
consist of:
Guidelines (bidhan)
List of members
Citizenship of all members
Objectives of UC
Scope of work etc.
After having registration at DDC, then the UCs should visit the DAO for final registration. As
per the recommendation of DDC, DAO shall register the UCs. The UCs registered by this
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
52 A Reading Material on EPP – BEG 459 CI for Purbanchal University
process are legally bind and are treated as CBOS or NGOs. But there is no compulsion of
registering the UCs to carry out the rural infrastructure project.
Once the UCs are formed, then agreement is made between the implementing agency and UC for
the works.
Participation
Participation, in the development context, is a process through which all members of a
community or organization are involved in and have influence on decisions related to
development activities that will affect them. That implies that development projects will address
those community or group needs on which members have chosen to focus, and that all phases of
the development process will be characterized by active involvement of community or
organization members.
Effective participation ensures that:
The project will be sustainable
The ownership building
Timely repair and maintenance
Close monitoring and supervision
Effective implementation of required technology
Empowerment of community at different levels
Participation of disadvantaged groups and targeted groups
Acts as catalyst for development and change
Promotes Transparency
Capacity development and empowerment
Problems in community participation in development activities
Lack of technical support and construction supervision
Lack of trained workforce
Lack of project maintenance skills
Social implications
Gender issues in participation
Lack of transparency
Lack of awareness and owner ship building
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
53 A Reading Material on EPP – BEG 459 CI for Purbanchal University
4.9 Liability and negligence
A liability can mean something that is a hindrance or puts an individual or group at a
disadvantage, or something that someone is responsible for, or something that increases the
chance of something occurring (i.e. it is a cause).
Liability may also refer in specific fields to:
Legal liability, the legal bound obligation to pay debts
Public liability, part of the law of tort which focuses on civil wrongs
Designer’s liability
Any designers (engineers) have following liabilities:
Preparation and revision of drawings and specification
Fitness for purpose
Comply with regulatory requirements
Negligent miss statement
Rightly examining the site conditions
Addressing employer’s desire
Liabilities generally occurs because of negligence in performance. Which leads to the
compensation for the damages caused by negligence.
Stages where a designer may found negligent.
Pre tender stage
Pre-construction stage
During construction
Two basic liabilities are: tort liability and vicarious liability.
1. Tort liability (due to negligence)
A tort, in common law jurisdictions, is a civil wrong[1] which unfairly causes someone else to
suffer loss or harm resulting in legal liability for the person who commits the tortious act, called
a tortfeasor. Although crimes may be torts, the cause of legal action is not necessarily a crime, as
the harm may be due to negligence which does not amount to criminal negligence. The victim of
the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
54 A Reading Material on EPP – BEG 459 CI for Purbanchal University
lawsuit must show that the actions or lack of action was the legally recognizable cause of the
harm.
Negligence is a tort which arises from the breach of the duty of care owed by one person to
another from the perspective of a reasonable person.
A tort occurs where there is breach of a general duty fixed by civil law.
The majority determined that the definition of negligence can be divided into four component
parts that the plaintiff must prove to establish negligence. The elements in determining the
liability for negligence are:
The plaintiff was owed a duty of care through a special relationship (e.g. doctor-patient) or
some other principle
There was a dereliction or breach of that duty
The tortfeasor directly caused the injury [but for the defendant's actions, the plaintiff would
not have suffered an injury].
The plaintiff suffered damage as a result of that breach
The damage was not too remote; there was proximate cause to show the breach caused the
damage
When tort is committed?
Law allows the victim to claim money, known as damages
Paid by the tortfeasor (who committed the tort)
Elements of tort
Duty: a plaintiff must establish that the defendant had duty to the plaintiff
Breach: must prove that the defendant had breached the duty
Damages: must prove the damages to plaintiff by the breach
2. Vicarious liability
Where one person will be held liable for torts committed by someone else, such liability
is said to be vicarious
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
55 A Reading Material on EPP – BEG 459 CI for Purbanchal University
VL arises where there is a particular relationship between two, usually that of employer
and employee
VL is form of joint liability
For example, if a shop employee spilled cleaning liquid on the supermarket floor and a
victim fell and suffered injuries, the plaintiff might be able to sue either the employee or
the employer. There is considerable academic debate about whether vicarious liability is
justified on no better basis than the search for a solvent defendant, or whether it is well
founded on the theory of efficient risk allocation.
4.10 Business and labor law
Business law
All the law that regulate the business activities are known as business law.
The law of business organizations originally derived from the common law of England. But has
evolved significantly in the 20th century.
Business:
All human activities that are related with:
The production of goods and services
Sales of goods and services
Purchase of goods and services
Exchange of goods and services with profit making objectives
Law: The norms that are drafted and enforced by a state or local government in order to regulate
the activities within the state or locality
Sources of business law:
English business law
Common law of England
Law of merchants
Principle pf equity
Statue of the legislature
Customs and usages
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
56 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Nepali statutory act
Judicial decisions
Writing and opinions of scholars
Commercial treaties and agreement
Types of business enterprises
a. Sole proprietorship concern
b. Partnership business organization
c. Company limited
Sole proprietorship concern
A sole proprietorship or simply proprietorship, is a type of business entity which legally
has no separate existence from its owner.
It is a “Sole” proprietor in the sense that the owner has no partners.
A sole proprietorship essentially means a person does business in their own name and there is
only one owner.
A sole proprietorship is not a corporation, it does not pay corporate taxes, but rather the person
who organized the business pays personal income taxes on the profit made, making accounting
much simpler. A single person establishes, manages, organizes and controls the whole business
and also singly liable towards the profit and loss of the business.
It is registered under private firm registration act 2041.
Advantages
Better control and business administration.
No legal formalities to forming or dissolving a business.
All of the profits from the business go right to the owner.
A lot of freedom from the government regulations.
Limitations
Unlimited liability
Limited capital
Difficult to raise bank finance
Uncertain future
Absence of legal status
Chances of impractical decisions
Lack of specialization
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
57 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Loss in the absence of a key person.
Partnership Business organization
A partnership is a type of business entity in which partners share with each other the profits or
losses of the business undertaking in which all have invested.
In most countries, a partnership is a nominate contract between individuals who in a spirit of
cooperation, agree to carry on an enterprises, contribute to it, by combining property, knowledge
or activities or activities and to share its profit.
Partners may have a partnership agreement, or declaration of partnership and in some
jurisdictions such agreement may be registered and available for public inspection.
The most basic form of partnership is a general partnership, in which all partners manage the
business and are personally liable for its debts.
Two other forms which have developed in most countries are the limited partnership (LP), in
which certain “limited partners” relinquish their ability to manage the business in exchange for
limited liability for the partnership’s debts, and the limited liability partnership (LLP), in which
all partners have some degree of limited liability. This type of business organization is registered
under the partnership Act 2020.
Advantages
Sharing of profit and loss
Joint management and control
Limitations
Unlimited liability
Uncertain existence
Limited capital
Difficulty in transferring ownership
Lack of prompt decisions
Lack of public faith
Limited company
Company is established under the company act of the country and has limited liability.
Finance is collected through issuance of shares
Company is considered as an artificial legal person
Company act 2053 regulates the incorporation of a company in Nepal
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
58 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Company can be further divided into private limited and public limited. A company act 2053
urged that private limited company shall have less than 50 shareholders.
Advantages:
Limited liability
Perpetual existence
Transfer of shares
Effective management
Unlimited capital
Public faith
Unlimited business capability
Disadvantages
Difficulty in formation
Lack of secrecy
Possibility of fraud
Exploitation of shareholders
Power exercise
Conflict of interest
Absence of prompt decisions
Lack of closeness
Labor law:
It concerns the inequality of bargaining power between employers and workers. It is body of
laws, administrative rulings and precedents which address the legal rights and restrictions on
working people and their organizations. Labor rights have been integral to the social and
economic development since the industrial revolution.
Classification of labor law:
Individual labor law: it deals with people rights at work place on their contracts of work. It
comprises following points:
Contract of employment
Minimum wage
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
59 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Working time
Health and safety
Anti-discrimination
Child labor
Collective labor law: It concerns the tripartite relationship between employer, employee and the
trade unions. It comprises following points:
Trade unions
Strikes
Workplace environment
Collective bargaining
Industrial relations
Provisions of labor act 2048:
1. Productive work
The process of using good with the purpose of manufacturing of goods,
alternations, repair and maintenance, fabrication, packaging, oiling,
washing, cleaning, dismantling, breaking into pieces or use of goods, sales
and distribution, transportation or taking to the destination.
Pumping of oil, water and wastes
Energy storage, alternation and transmission work
Printing press. Lithography and the works like.
2. Enterprise
Enterprise is defined as any factory, organization, institution, form or their
group established fir the operation of the industry, business or services
under the statute
It consist of 10 or more workers or staff
3. Staff and workers
The person involved in administrative tasks of enterprises – staff
The person involved in the production or services - workers
4. Children
Those whose age is less than 14
5. Minor
Age between 14 to 18
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
60 A Reading Material on EPP – BEG 459 CI for Purbanchal University
6. Seasonal enterprise
The enterprise which cannot be operated all the season, except in
particular one
Those enterprise which cannot run more than 180 days in a year
7. Working hours
Maximum working 8 hours a day or 48 hours a week
One day leave per week
30 minutes of break for tiffin and rest which is counted in regular working
hours. No woks shall be kept working continuously for more than 5 hours
Extra remuneration for the overtime work that is for working more than 8
hours a day or 48 hours a week. However no workers or staff shall be
forced to work overtime.
While deploying any worker or employee to work overtime, generally the
duration shall not exceed four hours per day and twenty hours per week.
8. Health and safety
Clean working place
Adequate air, light, ventilation an temperature
Managing waste disposal
Clearing all the foul dust, air, vapor or any other foul substances that may
cause hazard to health
Preventing workers from loud noise
A worker shall be provided with 15 cu.m of working space. In calculating
this volume, only 4m height measured fro floor level is considered
Arrangements of safe and pure drinking water
Provisions of toilets separate for male and female
The working area shall be no smoking area
Arrangement for medical checkup for staff and workers at least once a
year in the enterprises having probability of health hazards
Other protective measures for fire, chemicals etc.
9. Welfare activity
Establishment of welfare fund, compensation and housing for workers and
staff
Provision of restroom having 50 or more
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
61 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Provisions of canteen having capacity of 50 or more
10. Provision for children and women
For 50 or more women work, a room shall be provided for the children of
the women workers or staff
Children shall be provided with toys and trained person to look after them
The mothers of the children shall be given to feed the babies
Special provisions for special enterprises
Construction is one of the special enterprise. According to the act, construction works covers:
building, roads, bridges, tunnel, canal, railway, electricity or telegraph or telephone assembling
works.
The following are special provisions for construction industry
Management shall provide tools
Management shall manage for shelter, food, drinking water etc.
All construction workers should be insured against the construction risks
Construction site shall be kept safe
Management shall arrange necessary personal protective equipment
International labor organization
The ILO is one of the oldest surviving organization since the League of Nations following the
First World War. Its guiding principle is that “labor is not a commodity” to be traded in the same
way as goods, services or capital and that human dignity demands equality of treatment and
fairness in dealing within the work place. The ILO has drawn up numbers of conventions on
what ought to be the labor standards adopted by country parties to it. The headquarter of ILO is
located at Geneva, Switzerland.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
62 A Reading Material on EPP – BEG 459 CI for Purbanchal University
4.11 Personnel and financial regulations (Tippani system)
Tippani file is a confidential file in which written advice and suggestions from different
necessary officials have put their views. It should not be given to unauthorized people by any
chance and at the same time the registering books must note whereabouts the file on different
dates. Very important tippani files are red tapped in India and ordinary files are green tapped.
But in Nepal, all ordinary tippani files are stippled and important files are not differentiate from
the ordinary files except the handling over personally to whom it has to be sent.
While raising tippani, major aspects that influence the legacy of the tippani are rules and
regulation, needs and financial. Therefore, the section heads, wherein the positions are necessary
raises the needs through application, letter and or through other means after which the
administrative assistant under the direction of the chief raises tippani as per rules and regulation.
The tippani is then sent to financial head for his/her advice on financial matter.
Acquisition of manpower in any organization is supported with the needs and duties of the types
of manpower required. In Nepal, the needs and types of manpower is initiated through Tippani, a
kind of notes on the issue concerned expressed by various levels of responsible positions. The
system of hiring or acquiring manpower is basically as per Human Resource Acquisition
described in the previous lesion, but recording and maintaining inventory of the staffs (human
resource) need to be initiated in offices.
4.12 Norms adopted for the construction of building, highways, irrigations etc.
Norms are the standards prepared for rate analysis by GON. It gives task of each individual
manpower and machine per hour or per day. Norms are prepared by the subject wise departments
of ministries.
The government of Nepal strictly follows the norms so that the quantity of materials and
manpower or machine by any chance will not differ from the standard. It is done to make the
quantity estimation more practical and transparent. Usually norms are updated in 10 years.
The basis for rate analysis depends upon the norms.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
63 A Reading Material on EPP – BEG 459 CI for Purbanchal University
4.13 Duties, responsibilities, authority and power delegating system
Duty (from "due" meaning "that which is owing", is a term that conveys a sense of moral
commitment or obligation to someone or something. The moral commitment should result in
action; it is not a matter of passive feeling or mere recognition. When someone recognizes a
duty, that person theoretically commits himself / herself to its fulfillment without considering
their own self-interest.
Responsibility
Professional responsibility is the area of legal practice that encompasses the duties
of attorneys to act in a professional manner, obey the law, avoid conflicts of interest, and put the
interests of clients ahead of their own interests.
Authority
The word authority is derived from the Latin word auctoritas, meaning 'invention', 'advice',
'opinion', 'influence', or 'command'. In English, the word authority can be used to mean power
given by the state (in the form of government, judges, police officers, etc.) or by academic
knowledge of an area (someone can be an authority on a subject).
Delegation
Delegation is the assignment of responsibility or authority to another person (normally from a
manager to a subordinate) to carry out specific activities. It is one of the core concepts
of management leadership. However, the person who delegated the work remains accountable
for the outcome of the delegated work. Delegation empowers a subordinate to make decisions,
i.e. it is a shift of decision-making authority from one organizational level to a lower one. In
general, delegation is good and can save money and time, help in building skills, and motivate
people. Poor delegation, on the other hand, might cause frustration and confusion to all the
involved parties. Some agents however do not favor a delegation and consider the power of
making a decision rather burdensome.
Engineer’s duties towards employer
Appointed by the Employer – responsible for supervising the execution of the Works and
administering the Contract
Is not a contracting party to the construction
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
64 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Exercise the stated authority in the Contract
Represent the Employer
Decide fairly and impartially
Approve (disapprove) Contractor’s personnel
Clarify queries on the Contract Data
Approve (if comply with the specifications and drawings) the specifications and drawings
of temporary works submitted by the Contractor
Give instruction for dealing discoveries in site
Approve the construction program and updated schedule
Instruct the Contractor to carry out a test
Give notice to the Contractor of any defect before the end of Defect liability Period
Assess the cost required for correcting the defects if the Contractor failed to correct them
Get prior approval of the Employer to vary a contract by more than …
Assess the quotation submitted by the Contractor for carrying out the Variation
Check the Contractor’s monthly statements and certify the amount to be paid to the
Contractor
4.14 Relationship to foreign firms working in Nepal
The foreign firms working in Nepal are usually as in the form of consultation and construction.
The PPA 2063, allows for the provisions of ICB in construction contract, consulting and
procurement of goods.
At present context numbers of international level contractors and consulting firms are working in
Nepal. The Nepalese contractor and consulting firms usually work together with these firm
through JV agreement or sub-contracting.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
65 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Chapter 5.0 Engineering Profession Practice in other countries
Practice and regulations
In many countries, engineering tasks such as the design of bridges, electric power plants,
industrial equipment, machine design and chemical plants, must be approved by a licensed
professional engineer. Most commonly titled Professional Engineer is a license to practice and is
indicated with the use of post-nominal letters; PE or P.Eng. These are common in North
America, as is European Engineer (Eur Ing) in Europe. The practice of engineering in the UK is
not a regulated profession but the control of the titles of Chartered Engineer (CEng) and
Incorporated Engineer (IEng) is regulated. These titles are protected by law and are subject to
strict requirements defined by the Engineering Council UK. The title CEng is in use in much of
the Commonwealth.
Many semi-skilled trades and engineering technicians in the UK have, in the past, called
themselves engineers. This is now seen as a misuse of the title, giving a false image of the
profession. A growing movement in the UK is to legally protect the title 'Engineer' so that only
professional engineers can use it.
In the United States, licensure is generally attainable through combination of education, pre-
examination (Fundamentals of Engineering exam), examination (Professional Engineering
Exam), and engineering experience (typically in the area of 5+ years). Each state tests and
licenses Professional Engineers. Currently most states do not license by specific engineering
discipline, but rather provide generalized licensure, and trust engineers to use professional
judgment regarding their individual competencies; this is the favored approach of the
professional societies. Despite this, however, at least one of the examinations required by most
states is actually focused on a particular discipline; candidates for licensure typically choose the
category of examination which comes closest to their respective expertise.
In Canada, the profession in each province is governed by its own engineering association. For
instance, in the Province of British Columbia an engineering graduate with four or more years of
post graduate experience in an engineering-related field and passing exams in ethics and law will
need to be registered by the Association for Professional Engineers and Geoscientists
(APEGBC) in order to become a Professional Engineer and be granted the professional
designation of P.Eng allowing one to practice engineering.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
66 A Reading Material on EPP – BEG 459 CI for Purbanchal University
In Continental Europe, Latin America, Turkey and elsewhere the title is limited by law to people
with an engineering degree and the use of the title by others is illegal. In Italy, the title is limited
to people who both hold an engineering degree and have passed a professional qualification
examination (Esame di Stato). In Portugal, professional engineer titles and accredited
engineering degrees are regulated and certified by the Ordem dos Engenheiros. In the Czech
Republic, the title "engineer" (Ing.) is given to people with a (masters) degree in chemistry,
technology or economics for historical and traditional reasons. In Greece, the academic title of
"Diploma Engineer" is awarded after completion of the five-year engineering study course and
the title of "Certified Engineer" is awarded after completion of the four-year course of
engineering studies at a Technological Educational Institute (TEI).
Perception
The perception and definition of engineer varies across countries and continents. British school
children in the 1950s were brought up with stirring tales of 'the Victorian Engineers', chief
amongst whom were the Brunels, the Stephensons, Telford and their contemporaries. In the UK,
"engineering" was more recently perceived as an industry sector consisting of employers and
employees loosely termed "engineers" who included the semi-skilled trades. However, the 21st-
century view, especially amongst the more educated members of society, is to reserve the term
Engineer to describe a university-educated practitioner of ingenuity represented by the Chartered
(or Incorporated) Engineer. But still most UK public see Engineers as semi-skilled tradespeople
with a high school education.
In the US and Canada, engineering is a regulated profession whose practice and practitioners are
licensed and governed by law. A 2002 study by the Ontario Society of Professional Engineers
revealed that engineers are the third most respected professionals behind doctors and
pharmacists.
In the Indian subcontinent, Russia and China, engineering is one of the most sought after
undergraduate courses, inviting thousands of applicants to show their ability in highly
competitive entrance examinations.
In Egypt, the educational system makes engineering the second-most-respected profession in the
country (after medicine); engineering colleges at Egyptian universities require extremely high
marks on the General Certificate of Secondary Education
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
67 A Reading Material on EPP – BEG 459 CI for Purbanchal University
In France, engineer is the title of the alumni of elite scientific "Grandes Ecoles" (Institutes of
Technology), and the French "engineer" can thus be as well a scientist, a company top manager
or a high civil servant. The title is only meaning the appurtenance to French executive elite and
has no relation to technological skills.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
68 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Chapter 6.0 Issues on engineering professional ethics
Intellectual property: Definitions
The quality of ‘means’ to produce an ‘end’ that satisfies demand is termed as property. Property
has two fundamental elements i.e. the matter and intellectual capability to use the matter to
meet demands. Intellectual property, in its literal sense, means the things which emanate from
the exercise of human brain. It is the product emerging out of the intellectual labor of human
beings.
Intellectual property (IP) is a term referring to a number of distinct types of creations of the
mind for which a set of exclusive rights are recognized, and the corresponding fields of law.
Under intellectual property law, owners are granted certain exclusive rights to a variety of
intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and
words, phrases, symbols, and designs. Common types of intellectual property rights include
copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions.
The World Intellectual Property Organizations (WIPO) has listed the followings as intellectual
property:
Literary, artistic and scientific works
Performances of performing artists, phonograms and broadcasts
Inventions in all field of human endeavor
Scientific discoveries
Industrial designs
Trademarks, service marks and commercial names and designations
Protection against unfair competitions, and
All other rights resulting from intellectual activity in industrial, scientific, literary or
artistic fields.
Although many of the legal principles governing intellectual property have evolved over
centuries, it was not until the 19th century that the term intellectual property began to be used,
and not until the late 20th century that it became commonplace in the majority of the world. The
British Statute of Anne 1710 and the Statute of Monopolies 1623 are now seen as the origins of
copyright and patent law respectively.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
69 A Reading Material on EPP – BEG 459 CI for Purbanchal University
Characteristics of Intellectual Property
a) IP is ‘value added’ system in view of the special intellectual contribution clearly
identifiable which may be registered or not.
b) It is specially created and recognized in law in spite of its monopolistic nature for a
definite or for an unlimited period based upon the nature of creation.
c) Since the concept is comparatively new, virtually the whole concept has been developed
through statutory prescriptions even in the countries of common law culture.
d) Intellectual Property is predominantly recognized in the commercial world in order to
protect the interest of mercantile community who acquire a special right of production of
goods and services on account of special knowledge.
Intellectual Property Rights, IPR
The rights given to the creators of such intellectual properties to protect their interests in terms of
financial incentives and to protect their inventions from unauthorized use by others are called
Intellectual Property Rights.
Types of IP
The prominent types of Intellectual Property are classified under:
1- Patents
2- Copyrights
3- Trademarks
4- Designs
5- Trade Secrets
The law defines what can be protected, the extent of protection and allied rights.
1. Patents
The patent system is a mode of protecting “inventions” that are “new and useful”. Patent Design
and Trademark Act 2022 (PDTA) has defined Patent as any useful invention based on new
principle or formula or any new way or method of construction, operation or transmission related
to substance or a body of substance. Invention has been defined as:
a) Art, process, method or manner of manufacture;
b) Machine, apparatus or other article;
c) Substance produced by manufacture or any improvement of any of the above;
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
70 A Reading Material on EPP – BEG 459 CI for Purbanchal University
A patentable invention must be a “manner of new manufacture”.
The underlying economic, commercial and political justification for the patent system is that
it acts as a stimulus to investment in industrial innovation. Innovative technology leads to the
maintenance of an increase in, the nation’s stock of valuable and tradable industrial assets.
As per PDTA 2022
- A person should make registration of the patent as per act
- The registered patent should not be copied or used without the written permission
of the inventor until the period as protected by the law.
- The right over the patent is protected for 21 years- seven years for the first time
and can be renewed for two times of 7 years each.
- As other property patent right may also be transferred.
- If someone acts against the provision of the PDTA, such person is subjected to
fine up to Rs. 2000 and confiscation of the related items.
2. Copyrights
The copyright system is the means of protection of the legal right of the owner of property in
an “original work” to prevent anyone else from reproducing the work in anyway. It is the
right given to the author of the works that are related to the following (Copyright Act 2059);
a. Book, pamphlet, article and research papers
b. Drama, opera, dumb show and similar works prepared for show.
c. Musical works with or without words
d. Audio visual works
e. Architectural design
f. Painting, sculpture, wood carving, lithography
g. Photographic works
h. Works related to applied art
i. Excerpts, maps, plan, three dimensional works related to geography, topography and
scientific writing and articles.
j. Computer program
As per Copy Right Act 2022,
- Registration not mandatory and can be registered if desired.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
71 A Reading Material on EPP – BEG 459 CI for Purbanchal University
- Explanation of ideas, religion, news, concept, court decision, folk songs and folk
stories, proverb, statistics is not protected.
- Rights granted are Economic and Moral
- The term of copy right granted to the author is up to the life of the author and 50
yrs. After his/her death. In case of joint authorship, it remains up to 50 yrs. After
the death of the author who dies last. For anonymous works or publication with
pseudo names shall be protected for 50 yrs from the date of publication.
- The penalty for infringement ranges from Rs 10,000 to Rs. 100,000 or
imprisonment up to 6 months or both for first time and for second time onwards
RS 20,000 to Rs. 200,000 or imprisonment of one year or both for each default.
3. Trademarks
A trademark refers to a mark or symbol used by a trader in association with specific goods
manufactured and or sold. The mark is a symbol of a reputation of some kind in the goods,
either in terms of their origin or quality or both. Normally these goods would have attained a
reputation over a period of years and are readily identifiable. Thus it is the trader’s reputation
involved with goods which is protected by the mark. On this basis the owner claims an
exclusive monopoly in the use of that mark on the goods.
According to PDTA 2022,
- Trademark is the use of any word, sign or picture orthe combination of the three
by a firm, company or person to distinguish the product or services from those of
the others.
- Anyone can protect their right over the trademark by registration of the same.
- The registered trademark should not be used or should not imitate to give false
impression.
- The right over the trademark can be protected forever subjected to renewal.
- There is a provision of fine up to Rs 1000 and confiscation of the items if
someone acts against the provisions of PDTA regarding the use of trademarks.
4. Designs
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
72 A Reading Material on EPP – BEG 459 CI for Purbanchal University
“Designs” means only the features of shape, configuration, pattern, or ornament applied to
any article by any industrial process or means eheather manual, mechanical or chemical,
separate or combined in the finished article which appeal to an eye judged solely by the eye.
This system of registering rights in designs arose because the traditional copyright protection
extended only to literary works. Therefore pressure was brought to protect all those engaged
in innovative designs.
As per PDTA 2022,
a. A person should make registration of the design as per act
b. The registered design should not be used without the written permission of the
designer until the period as protected by the law.
c. The right over the patent is protected for 15 years- five years for the first time and
can be renewed for two times of 5years each.
5. Trade Secrets
Trade secret is a piece of confidential information vital to the interest of the trader/ business
person/entrepreneur in maintaining an edge in the business world.
The confidential information could be in the form of chemical formulae, technical know-how
(knowledge combined with the practical experiences required for practical application of the
technique), commercial records, managerial procedures etc.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
73 A Reading Material on EPP – BEG 459 CI for Purbanchal University
6.2 Personal property and large computer database
Personal property is generally considered private property that is movable, as opposed to real
property or real estate. In common law systems, personal property may also be called chattels or
personality. In civil law systems, personal property is often called movable property or movables
– any property that can be moved from one location to another. This term is in dist inction with
immovable property or immovable, such as land and buildings.
Classifications
Personal property may be classified in a variety of ways.
Tangible personal property refers to any type of property that can generally be moved (i.e., it is
not attached to real property or land), touched or felt. These generally include items such as
furniture, clothing, jewelry, art, writings, or household goods. In some cases, there can be formal
title documents that show the ownership and transfer rights of that property after a person's death
(for example, motor vehicles, boats, etc.) In many cases, however, tangible personal property
will not be "titled" in an owner's name and is presumed to be whatever property he or she was in
possession of at the time of his or her death.
Intangible personal property or "intangibles" refers to personal property that cannot actually be
moved, touched or felt, but instead represents something of value such as negotiable instruments,
securities, service (economics), and intangible assets including chose in action.
Database
A database is an organized collection of data. The data are typically organized to model relevant
aspects of reality in a way that supports processes requiring this information. For example,
modelling the availability of rooms in hotels in a way that supports finding a hotel with
vacancies.
Database management systems (DBMSs) are specially designed software applications that
interact with the user, other applications, and the database itself to capture and analyze data. A
general-purpose DBMS is a software system designed to allow the definition, creation, querying,
update, and administration of databases. Well-known DBMSs include MySQL, Maria DB,
Postgre SQL, SQLite, Microsoft SQL Server, Microsoft Access, Oracle, SAP HANA, dBASE,
FoxPro, IBM DB2, Libre Office Base, FileMaker Pro and Intersystem Cache. A database is not
generally portable across different DBMSs, but different DBMSs can interoperate by using
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
74 A Reading Material on EPP – BEG 459 CI for Purbanchal University
standards such as SQL and ODBC or JDBC to allow a single application to work with more than
one database.
6.3 Industrialization vs protection of the Environment
Industrialization is the period of social and economic change that transforms a human group
from an agrarian society into an industrial one. It is a part of a wider modernization process,
where social change and economic development are closely related with technological
innovation, particularly with the development of large-scale energy and metallurgy production. It
is the extensive organization of an economy for the purpose of manufacturing. Industrialization
also introduces a form of philosophical change where people obtain a different attitude towards
their perception of nature, and a sociological process of ubiquitous rationalization.
There is considerable literature on the factors facilitating industrial modernization and enterprise
development. Key positive factors identified by researchers have ranged from favorable politico-
legal environments for industry and commerce, through abundant natural resources of various
kinds, to plentiful supplies of relatively low-cost, skilled and adaptable labour.
As industrial workers' incomes rise, markets for consumer goods and services of all kinds tend to
expand and provide a further stimulus to industrial investment and economic growth.
The first country to industrialize was the United Kingdom during the Industrial Revolution,
commencing in the 18th century.
By the end of the 20th century, East Asia had become one of the most recently industrialized
regions of the world.
Environmental protection is a practice of protecting the natural environment on individual,
organizational or governmental levels, for the benefit of both the natural environment and
humans. Due to the pressures of population and technology, the biophysical environment is
being degraded, sometimes permanently. This has been recognized, and governments have begun
placing restraints on activities that cause environmental degradation. Since the 1960s, activity of
environmental movements has created awareness of the various environmental issues. There is
no agreement on the extent of the environmental impact of human activity, and protection
measures are occasionally criticized.
Environmental protection is influenced by three interwoven factors: environmental legislation,
ethics and education. Each of these factors plays its part in influencing national-level
environmental decisions and personal-level environmental values and behaviors. For
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
75 A Reading Material on EPP – BEG 459 CI for Purbanchal University
environmental protection to become a reality, it is important for societies to develop each of
these areas that, together, will inform and drive environmental decisions.
Approaches to environmental protection
a. Voluntary environmental agreements
In industrial countries, voluntary environmental agreements often provide a platform for
companies to be recognized for moving beyond the minimum regulatory standards and thus
support the development of best environmental practice. In developing countries, such as
throughout Latin America, these agreements are more commonly used to remedy significant
levels of non-compliance with mandatory regulation. The challenges that exist with these
agreements lie in establishing baseline data, targets, monitoring and reporting. Due to the
difficulties inherent in evaluating effectiveness, their use is often questioned and, indeed, the
environment may well be adversely affected as a result. The key advantage of their use in
developing countries is that their use helps to build environmental management capacity.
b. Ecosystems approach
An ecosystems approach to resource management and environmental protection aims to consider
the complex interrelationships of an entire ecosystem in decision making rather than simply
responding to specific issues and challenges. Ideally the decision-making processes under such
an approach would be a collaborative approach to planning and decision making that involves a
broad range of stakeholders across all relevant governmental departments, as well as
representatives of industry, environmental groups and community. This approach ideally
supports a better exchange of information, development of conflict-resolution strategies and
improved regional conservation.
Many of the earth’s resources are especially vulnerable because they are influenced by human
impacts across many countries. As a result of this, many attempts are made by countries to
develop agreements that are signed by multiple governments to prevent damage or manage the
impacts of human activity on natural resources. This can include agreements that impact factors
such as climate, oceans, rivers and air pollution. These international environmental agreements
are sometimes legally binding documents that have legal implications when they are not
followed and, at other times, are more agreements in principle or are for use as codes of conduct.
These agreements have a long history with some multinational agreements being in place from as
early as 1910 in Europe, America and Africa. Some of the most well-known multinational
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
76 A Reading Material on EPP – BEG 459 CI for Purbanchal University
agreements include: the Kyoto Protocol, Vienna Convention on the Protection of the Ozone
Layer and Rio Declaration on Environment and Development
6.4 Risk and Benefits considerations in public transportation (Transportation Investment)
CBA application for transport investment started in the UK, with the M1 motorway project in
1960. It was later applied on many projects including London Underground's Victoria Line.
Later, the New Approach to Appraisal (NATA) was introduced by the then Department for
Transport, Environment and the Regions. This presented cost–benefit results and detailed
environmental impact assessments in a balanced way. NATA was first applied to national road
schemes in the 1998 Roads Review but subsequently rolled out to all transport modes. As of
2011 it was a cornerstone of transport appraisal in the UK and is maintained and developed by
the Department for Transport.
The EU's 'Developing Harmonised European Approaches for Transport Costing and Project
Assessment' (HEATCO) project, part of its Sixth Framework Programme, reviewed transport
appraisal guidance across EU member states and found that significant differences exist between
countries. HEATCO's aim was to develop guidelines to harmonize transport appraisal practice
across the EU.
Transport Canada promoted the use of CBA for major transport investments with the 1994
issuance of its Guidebook.
In the US, both federal and state transport departments commonly apply CBA, using a variety of
available software tools including HERS, BCA.Net, Stat Ben Cost, Cal-BC, and TREDIS.
Guides are available from the Federal Highway Administration, Federal Aviation
Administration, Minnesota Department of Transportation, California Department of
Transportation (Caltrans), and the Transportation Research Board Transportation Economics
Committee.
In context of Nepal various factors along with risk and benefits must be carried before
implementing projects related to transportation. Various rural sector investment projects carried
on the SCBA analysis before implementing projects.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
77 A Reading Material on EPP – BEG 459 CI for Purbanchal University
6.5 Engineers and the Military
Military engineering is loosely defined as the art and practice of designing and building military
works and maintaining lines of military transport and communications. This discipline of
engineering is regarded as the oldest form of engineering and is also the precursor of the civil
engineering discipline. The term civil engineering derived from the need of a separation between
military and non-military engineering fields. While both of these disciplines of engineering are
responsible for building the same types of projects, their environments differ. Civil engineers are
responsible for the construction and maintenance of civil works projects that serve the domestic
public while military engineers construct and maintain similar facilities that serve military
servicemen on war-fronts. Military engineers are also responsible for logistics behind military
tactics. Modern military engineering requires more than civil engineering techniques. In the 21st
Century, military engineering also includes other engineering disciplines such as mechanical and
electrical engineering techniques.
According to NATO, "Military Engineering is that engineer activity undertaken, regardless of
component or service, to shape the physical operating environment.' Military Engineering
incorporates support to maneuver and to the force as a whole, including military engineering
functions such as engineer support to Force Protection, Counter - Improvised Explosive Devices,
Environmental Protection, Engineer Intelligence and Military Search. Military Engineering does
not encompass the activities undertaken by those 'engineers' who maintain, repair and operate
vehicles, vessels, aircraft, weapon systems and equipment."
Military engineering is an important academic subject taught in military academies or schools of
military engineering. The construction and demolition tasks related to military engineering are
usually performed by military engineers including soldiers trained as sappers or pioneers. In
modern armies, soldiers trained to perform such tasks while well forward in battle and under fire
are often called combat engineers.
In some countries, military engineers may also perform non-military construction tasks in
peacetime such as flood control and river navigation works, but such activities do not fall within
the scope of military engineering.
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
78 A Reading Material on EPP – BEG 459 CI for Purbanchal University
6.7 Engineers in International Development
Design, engineering management, contract management, production industry, manufacturing
projects, mega projects, academic institutions etc..
A general guidelines to solve the case study…
A case study related to the managerial decision making process is complex in nature. Through
identification and definition of the problem is necessary to solve the case study. In some cases
the cause and effect relationship analysis may require to conclude the root cause for the problem.
But somehow case study could be solved using following guidelines as a procedural steps.
Step I through read out the given problem
Step II highlight the major problem
Step III define and interpret the given problem
Step IV set the base for the decisions making (can be given in question)
Step V analyze critically as far as possible the interpreted problem within the base. The
base can be given in terms of ethics, ethical theory, profession, professionalism, code of
conduct, contract management, IPR and other general things.
Step VI always do proceeds from both sides of problem. Both negative and positive
consequences
Step V trace the logic behind the decision an draw the conclusion
The structure can be used in three paragraph style. First for the definition,
interpretation and base line guides. Second for the analysis and last for the
conclusion.
Remember always that how your answer is as close as to the given problem or not?
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
79 A Reading Material on EPP – BEG 459 CI for Purbanchal University
ANNEX:
LIST MINISTRIES
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
80 A Reading Material on EPP – BEG 459 CI for Purbanchal University
NEC related documents:
LIST OF COLLEGES
LIST OF UNIVERSITIES
Material Compiled and Prepared by: Er. Subash Bhattarai (BE civil, MSC CM & MPA)
81 A Reading Material on EPP – BEG 459 CI for Purbanchal University
References:
1. Class notes for BCE on EPP by Mr. Nabin Shrestha, Khwopa Engineering
College in 2005 A.D
2. Class notes of MSC CM on “ Construction ethics , liabilities and litigation in
construction by Dr. Rajendra Niroula, NEC CPS in 2011 A.D
3. Class notes of MSC CM on “ Construction policy” by Mr. Maniram Gelal NEC
CPS in 2011 A.D
4. Class notes of MSC Cm on “Fundamental of Project Management” by Mr.
Harimohan Shrestha NEC CPS in 2011 A.D
5. EPP by Shrestha and Shrestha, Heritage Publication
6. EPP by Dr. Rajendra Prasad Adhikari
7. EPP manual by Mr. Tak Bhadur Galami
8. Website of Nepal Engineering Council
9. Website of Nepal Engineer’s Association
10. Encyclopedia and various related websites on ethics and professions
11. www.lawcommission.gov.np for contract act, labor act, company act, NEC act,
PPA, PPR and PPMO guidelines, Name of ministries, departments