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.



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.



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



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



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



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.



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



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.



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.



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.



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.

http://en.wikipedia.org/wiki/Applied_ethics

http://en.wikipedia.org/wiki/Engineering

http://en.wikipedia.org/wiki/Engineer

http://en.wikipedia.org/wiki/Society

http://en.wikipedia.org/wiki/Philosophy_of_science

http://en.wikipedia.org/wiki/Philosophy_of_engineering

http://en.wikipedia.org/wiki/Ethics_of_technology



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



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.

http://en.wikipedia.org/wiki/Vocation

http://en.wikipedia.org/wiki/Educational

http://en.wikipedia.org/wiki/Training

http://en.wikipedia.org/wiki/Divinity_(academic_discipline)

http://en.wikipedia.org/wiki/Medicine

http://en.wikipedia.org/wiki/Law

http://en.wikipedia.org/wiki/Educational_institution

http://en.wikipedia.org/wiki/University

http://en.wikipedia.org/wiki/Voluntary_association

http://en.wikipedia.org/wiki/Professional_ethics

http://en.wikipedia.org/wiki/Licensing_laws

http://en.wikipedia.org/wiki/Surveying

http://en.wikipedia.org/wiki/Medicine

http://en.wikipedia.org/wiki/Actuarial_science


http://en.wikipedia.org/wiki/Dentistry

http://en.wikipedia.org/wiki/Civil_engineering




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



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

http://en.wikipedia.org/wiki/Nonprofit_organization

http://en.wikipedia.org/wiki/Profession

http://en.wikipedia.org/wiki/Public_interest

http://en.wikipedia.org/wiki/Public_interest



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



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.



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.

http://en.wikipedia.org/wiki/Procedural_law

http://en.wikipedia.org/wiki/American_Society_of_Civil_Engineers



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.



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



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



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:



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.



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:



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.



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.



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



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



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



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



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



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;



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



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



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.



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.



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.



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



- 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)



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.



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.



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.



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.



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,



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;



(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.



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



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).



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



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.



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



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



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

http://en.wikipedia.org/wiki/Legal_liability

http://en.wikipedia.org/wiki/Public_liability

http://en.wikipedia.org/wiki/Common_law

http://en.wikipedia.org/wiki/Civil_wrong

http://en.wikipedia.org/wiki/Civil_wrong

http://en.wikipedia.org/wiki/Legal_liability

http://en.wikipedia.org/wiki/Crime

http://en.wikipedia.org/wiki/Cause_of_action

http://en.wikipedia.org/wiki/Negligence

http://en.wikipedia.org/wiki/Criminal_negligence

http://en.wikipedia.org/wiki/Damages

http://en.wikipedia.org/wiki/Lawsuit

http://en.wikipedia.org/wiki/Plaintiff



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

http://en.wikipedia.org/wiki/Proximate_cause

http://en.wikipedia.org/wiki/Duty_of_care

http://en.wikipedia.org/wiki/Reasonable_person

http://en.wikipedia.org/wiki/Proximate_cause



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



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



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



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



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



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



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.



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.



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

http://en.wikipedia.org/wiki/Lawyer

http://en.wikipedia.org/wiki/Conflicts_of_interest

http://en.wikipedia.org/wiki/Latin

http://en.wikipedia.org/wiki/Auctoritas

http://en.wikipedia.org/wiki/Management

http://en.wikipedia.org/wiki/Leadership



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.



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.

http://en.wikipedia.org/wiki/Professional_Engineer

http://en.wikipedia.org/wiki/Post-nominal_letters

http://en.wikipedia.org/wiki/European_Engineer

http://en.wikipedia.org/wiki/Commonwealth_of_Nations

http://en.wikipedia.org/wiki/Engineering_technician

http://en.wikipedia.org/wiki/Education

http://en.wikipedia.org/wiki/Fundamentals_of_Engineering_exam

http://en.wikipedia.org/wiki/Professional_Engineer

http://en.wikipedia.org/wiki/APEGBC



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

http://en.wikipedia.org/wiki/Continental_Europe

http://en.wikipedia.org/wiki/Latin_America

http://en.wikipedia.org/wiki/Turkey

http://en.wikipedia.org/wiki/Italy

http://en.wikipedia.org/wiki/Portugal

http://en.wikipedia.org/wiki/Ordem_dos_Engenheiros

http://en.wikipedia.org/wiki/Czech_Republic

http://en.wikipedia.org/wiki/Czech_Republic

http://en.wikipedia.org/wiki/Greece

http://en.wikipedia.org/wiki/Isambard_Kingdom_Brunel

http://en.wikipedia.org/wiki/George_Stephenson

http://en.wikipedia.org/wiki/Thomas_Telford

http://en.wikipedia.org/wiki/Indian_subcontinent

http://en.wikipedia.org/wiki/Russia

http://en.wikipedia.org/wiki/China

http://en.wikipedia.org/wiki/Egypt

http://en.wikipedia.org/wiki/Education_in_Egypt

http://en.wikipedia.org/wiki/Egyptian_universities



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.



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.

http://en.wikipedia.org/wiki/Exclusive_right


http://en.wikipedia.org/wiki/Intangible_asset

http://en.wikipedia.org/wiki/Copyright

http://en.wikipedia.org/wiki/Trademark

http://en.wikipedia.org/wiki/Patent

http://en.wikipedia.org/wiki/Industrial_design_right

http://en.wikipedia.org/wiki/Trade_secret

http://en.wikipedia.org/wiki/Statute_of_Anne

http://en.wikipedia.org/wiki/Statute_of_Monopolies_1623

http://en.wikipedia.org/wiki/Copyright

http://en.wikipedia.org/wiki/Patent_law



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;



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.



- 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



“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.



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

http://en.wikipedia.org/wiki/Private_property

http://en.wikipedia.org/wiki/Real_property

http://en.wikipedia.org/wiki/Real_property

http://en.wikipedia.org/wiki/Real_estate

http://en.wikipedia.org/wiki/Common_law

http://en.wikipedia.org/wiki/Civil_law_%28legal_system%29

http://en.wikipedia.org/wiki/Immovable_property

http://en.wikipedia.org/wiki/Negotiable_instrument

http://en.wikipedia.org/wiki/Security_%28finance%29

http://en.wikipedia.org/wiki/Service_%28economics%29

http://en.wikipedia.org/wiki/Intangible_assets

http://en.wikipedia.org/wiki/Chose_%28English_law%29

http://en.wikipedia.org/wiki/Data_%28computing%29

http://en.wikipedia.org/wiki/Computer_software

http://en.wikipedia.org/wiki/MySQL

http://en.wikipedia.org/wiki/MariaDB

http://en.wikipedia.org/wiki/PostgreSQL

http://en.wikipedia.org/wiki/SQLite

http://en.wikipedia.org/wiki/Microsoft_SQL_Server

http://en.wikipedia.org/wiki/Microsoft_Access

http://en.wikipedia.org/wiki/Oracle_Database

http://en.wikipedia.org/wiki/SAP_HANA

http://en.wikipedia.org/wiki/DBASE

http://en.wikipedia.org/wiki/FoxPro

http://en.wikipedia.org/wiki/IBM_DB2

http://en.wikipedia.org/wiki/LibreOffice_Base

http://en.wikipedia.org/wiki/FilemakerPro

http://en.wikipedia.org/wiki/InterSystems_Cache

http://en.wikipedia.org/wiki/Software_portability



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

http://en.wikipedia.org/wiki/Technical_standard

http://en.wikipedia.org/wiki/SQL

http://en.wikipedia.org/wiki/ODBC

http://en.wikipedia.org/wiki/JDBC

http://en.wikipedia.org/wiki/Agrarian_society

http://en.wikipedia.org/wiki/Industry

http://en.wikipedia.org/wiki/Modernisation

http://en.wikipedia.org/wiki/Social_change

http://en.wikipedia.org/wiki/Economic_development

http://en.wikipedia.org/wiki/Technological

http://en.wikipedia.org/wiki/Innovation

http://en.wikipedia.org/wiki/Energy

http://en.wikipedia.org/wiki/Metallurgy

http://en.wikipedia.org/wiki/Economy

http://en.wikipedia.org/wiki/Manufacturing

http://en.wikipedia.org/wiki/Philosophy

http://en.wikipedia.org/wiki/Nature

http://en.wikipedia.org/wiki/Sociological

http://en.wikipedia.org/wiki/Rationalization_%28sociology%29

http://en.wikipedia.org/wiki/Natural_resources

http://en.wikipedia.org/wiki/Wage_labour

http://en.wikipedia.org/wiki/Investment

http://en.wikipedia.org/wiki/Economic_growth

http://en.wikipedia.org/wiki/Industrial_Revolution

http://en.wikipedia.org/wiki/East_Asia

http://en.wikipedia.org/wiki/Natural_environment

http://en.wikipedia.org/wiki/Environment_%28biophysical%29

http://en.wikipedia.org/wiki/Environmental_degradation

http://en.wikipedia.org/wiki/Environmental_movement

http://en.wikipedia.org/wiki/Environmental_issue



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

http://en.wikipedia.org/wiki/Ecosystem



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.

http://en.wikipedia.org/wiki/Kyoto_Protocol

http://en.wikipedia.org/wiki/Vienna_Convention_for_the_Protection_of_the_Ozone_Layer

http://en.wikipedia.org/wiki/Vienna_Convention_for_the_Protection_of_the_Ozone_Layer

http://en.wikipedia.org/wiki/Rio_Declaration_on_Environment_and_Development

http://en.wikipedia.org/wiki/M1_motorway

http://en.wikipedia.org/wiki/London_Underground

http://en.wikipedia.org/wiki/Victoria_Line

http://en.wikipedia.org/wiki/New_Approach_to_Appraisal

http://en.wikipedia.org/wiki/Department_for_Transport,_Environment_and_the_Regions

http://en.wikipedia.org/wiki/Department_for_Transport,_Environment_and_the_Regions

http://en.wikipedia.org/wiki/Environmental_impact_assessment

http://en.wikipedia.org/wiki/European_Union

http://en.wikipedia.org/wiki/Sixth_Framework_Programme

http://en.wikipedia.org/wiki/Transport_Canada

http://en.wikipedia.org/wiki/TREDIS

http://en.wikipedia.org/wiki/Federal_Highway_Administration

http://en.wikipedia.org/wiki/Federal_Aviation_Administration

http://en.wikipedia.org/wiki/Federal_Aviation_Administration

http://en.wikipedia.org/wiki/Minnesota_Department_of_Transportation

http://en.wikipedia.org/wiki/California_Department_of_Transportation

http://en.wikipedia.org/wiki/California_Department_of_Transportation

http://en.wikipedia.org/wiki/Caltrans

http://en.wikipedia.org/wiki/Transportation_Research_Board



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.



http://en.wikipedia.org/wiki/Military_academies

http://en.wikipedia.org/wiki/School_of_Military_Engineering

http://en.wikipedia.org/wiki/School_of_Military_Engineering

http://en.wikipedia.org/wiki/Soldier

http://en.wikipedia.org/wiki/Sapper

http://en.wikipedia.org/wiki/Pioneer_%28military%29

http://en.wikipedia.org/wiki/Combat_engineer

http://en.wikipedia.org/wiki/Flood_control



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?



ANNEX:

LIST MINISTRIES



NEC related documents:

LIST OF COLLEGES

LIST OF UNIVERSITIES



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

http://www.lawcommission.gov.np/