EPP (Engineering Practice)

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Chapter 1
Historical background

History of engineering practice

Engineers are the men who down the long centuries have learned to exploit the properties of
matters and sources of power for the benefits of mankind. The civilization as we know today owes its
existence to the engineers. By organized, rational efforts to use the materials world around them,
engineers devised the myriad comforts and conveniences that mark the differences between our lives
and those of our forefathers thousands of years ago.

Engineers work in the society and the society if populations. Therefore, one should understand society
and its components. Society is a population that occupies a certain territory that is subject to the same
political authority and the participate in a common culture. So, a society has the following criteria: -

1. It has a populations,
2. The population must occupy a common territory,
3. The population must share the same government or political authority and

4. The population must, to some extent, have a common culture and a sense of
relationship/membership in and commitment to the same group.

Beyond these criteria, a society has the following essential elements, without which it does not
form society: -

1. Plurality:

A society must have populations composed of all ages, sexes and groups of various economic
statuses.

2. Stability:

A society is of a permanent character. Social life is organized mainly on the basis of division of
labor.

3. Likeness:

In society, the populations have some significantly alike in some ways. In earlier times, blood
relationship was considered likeness to recognize the member of the population or society, these
days; it is recognized by the Nationality.

4. Differences:

A society must have differences in its population interest, ages, sexes, opinions, intellectuality etc
so that the society is complete in it by itself.

5. Interdependences:

Populations of a group that forms a society are often dependent on each other. When a child takes
birth, its mothers must be taking care of it till it becomes able to feed itself. A member of a society
must need cooperation for survival.

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6. Cooperation:

In human society, cooperation is a must, otherwise human society could have vanished along ago
on the earth, simply because, mankind are physically weaker, more frail in comparison to other
powerful animals. Population must have a feeling and behavior of cooperation. A sense of
confidence to get help from other population members.

The human societies in the world have been broadly divided in two, as following on the bases of its
beginning, composition and values and cultures.

a. Eastern Societies
b. Western Societies

The values accorded by the culture to the individual and groups in the eastern societies are to the
achieve high mortality, power of truth, and achievement in religious activities. They, who have
achieved those, are regarded higher than those acquiring materialistic and physical objects. The Saint,
Mahatma, Sadhu are the examples.
In the western societies, the following values are regarded as the success in lives:

Achievement and success

Activity and work

Moral orientation

Efficiency and practicability

Progress

Material comforts

Equality

Freedom

Use of technology

Individualistic

High concern over time

Engineering practices in earlier days in the world can only be traced from dusty manuscript, and
crumbling relics, explains as well the state of the world today as all the accounts of kings and
philosophers, generals and politicians.

Civilization has arisen only when men discovered how to raise crops and tame animals about
10,000 years ago. The revolution seems first taken place in the hills that curve around to the north of
Iraq and Syria. From Iraq and Syria, agriculture revolution quickly spread to the valley of the north and
Indus, which in their turn become centers of cultural radiations.

Agricultural revolution brought about changes fully. In 3000 to 40000 years, some of the following
villages of the near and middle East grew into cities. Then with a rush came metals writings, large scale
government, science and other features of civilization.

When farmers learned to raise more foods then they themselves needed, other men were able to
spend their times in making useful things, which they exchanged for surplus food, this way
specializations arose.


Human societies had long known a couple of specialists: the tribal priest or wizard and the tribal
chief or war leader. Later the tribal chief converted into king and the wizard into high priest. They
waxed rich and powerful.

Wealth and experiences piled up. Men undertook projects too large for a single craftsman, even
with the help of his sons and apprentices. Those projects called for the work of hundred or even
thousands of men, organized and directed towards a common goal. Hence arose a new class of men- the
technicians and engineers. The technicians and engineers could negotiate with the king or priesthood
for building a public work plans the details and directing the workmen.

They combined practical experiences with knowledge of general, theoretical principles. Sometimes
they were inventors, as well as contractors, designers and foremen. Burt all were men who could
imagine something new and transfer a mental picture into physical reality.

The mere fact of having large interconnected populations, thus meant that inventions took place at
faster rate than before, those inventions in turn made denser and more widely interconnected population
possible. Moreover, the inventions on which civilization was founded tended and spread. These
inventions did not spread out evenly in all directions. They spread along trade route, and they spread to
lands where these ideas could be profitably applied. Natural barriers such as deserts and oceans stopped
the spread: and they died out where conditions made them useless.

Civilization failed to penetrate the Negro-Africa being stopped by the barrier of the Sahara desert,
the swamps of the White Nile, and the mountains of Abyssinia. Similarly, old world civilization failed
to leap the watery barriers to reach the Pacific Islands, Australia, or the Americas. In another
millennium, however the people of Central and South America began independently to develop their
own civilizations.

The first engineers were Irrigators, Architects and Military Engineers. The same men were
expected to be an expert at all three kinds of works. The Babylonian Gugallu or irrigation inspectors
were such an expert.

Soon the kings who ruled cities desired houses larger and more comfortable than the huts of stones,
clay and reeds wherein they had been living. So, they called upon Architects to build those Palaces.

Next, the priests insisted that the gods could be offended as they were not housed at least as
splendid as the kings. So, the architects put up temples, containing statues of the gods and other arts of
work.

To protect the wealth of the gods and the kings, military engineers built walls and dug moats
around cities. Where stones were not available, bricks were used.

Before mortar was invented, buildings were built with small pieces, which would stand up to the
weather for years. However, as an enemy had to do to such a wall was to pry out s few stones with his
spear, and the wall collapsed. So, walls were built using very large stone, trimmed toughly to fit
together.


The Greeks put their experiences down in writing and because good men had saved a small part of
their writings for us, we know quite a lot about Greek and Roman engineering, but very little about
ancient Iranians, Indians and Chinese engineering.

In time, the march of technology made the city- state obsolete. Where a river system forms a single
large watershed, an irrigation system works better when it is ruled by one central administration. Thus,
in the valley of Nile, the Tigris and Euphrates, the Indus and the Hwang-Ho, conditions favored the
extension of one states rule over all the others in the watershed.

Historians argue whether empire came first and made possible large-scale irrigation or whether
large-scale irrigation come first and encouraged the growth of empire.

In the large watersheds of wet countries, such as the valley of the Gangas and the Mekong,
irrigation was less important. But here the need to protect the valley dwellers from flood promoted the
centralization of the government.

German-American scholar refers to a watershed empire as a Hydraulic State.

In ancient empires, plenty of revolts, revolutions and civil wars were frequent. It was a rare king
whose death did not result in a war among his would-be successors and provinces that had once
separate nation repeatedly sought to remain their independence.

Sometimes Watershed Empire broke up into parts as a result of domestic disorder as foreign
conquer, but after a few decades of joys and sorrows of anarchy and incessant strife, the people of
watershed were once more prepared to summit to the rule of an all powerful emperor.

From the rise of the first watershed empires down to the achievement to temporary world mastery
by Emperor after 1600 AD, mens history largely consists of the story of the mighty empires that rose
in the main civilized belt, spread far beyond the confine of a single watershed flourished for a time, and
withered away.

Thus, the Assyrian Empire gave away to the Median, and that to the Persians and that to the
Macedonian, and the Turkish. A long succession of the other empires, in Iran, India, China, and central
Asia, flourished beside their westerly realms. And many of the rulers of three domains, however, good
or bad in other respects were among the worlds greatest builder of public works and therefore the
greatest patrons of the engineering professions.

For whatever their sins and oppressions, some early despots did much those they ruled. A king with
any brains tried to make his people prosper, if only so that he can tax them.

Rulers of ancient empire built roads, which fastened commerce and communication, although the
principal purpose of those roads were as of the governmental postal system that operated over them,
was to keep a swift steam of commands and inquiries flowing out from the capital and flowing back, for
the benefits of the rulers. However they might disagree on other matters, a king and his subjects had a
common interest in keeping up roads, and canals, supporting brigandage and piracy and maintaining
orders.


1.1 History of engineering practice in eastern society

Engineering practices in eastern societies can be with significant events as follows.

1. During 5000 BC, civilization developed near Yanshao, where people roamed seeking new soil for
animals and agriculture. People used earthen pottery and stone tools.

2. During 4000 BC, early Chinese communities planned cities according to Grid pattern with
intersecting streets at right angles to each other.

3. 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.

4. During 3500-3000 BC, in Sumeria, the appearance of towns and cities coincide with the production
and distribution of goods through trades.
5. In 132 AD, Chinese philosopher Chang Heng invented a Seismoscope.

6. In 510 AD, Chinas 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.

7. 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.

8. 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.

9. 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.

10. In 1045-1048 AD, Pi-Sang invented movable type of printing. Printing with movable type was
developed in Europe in mid 15
th
century.

11. 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.
12. In 1805 AD, Habaoka Seishu performed the first Surgery under a general anesthesia in Japan.

13. The Iranians built many bridges, however of which some survive from the time of Shapur-I (300
AD).

14. 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 un-reinforced
brick work in the world. The vault is 77 feet wide at the base and 112 feet high.

15. In 515 BC, Persian building method with stone instead of wood introduced in to India when Darius
conquered the Punjab.

1.2 History of engineering practice in western society

Engineering practices in western societies can be traced out with significant events as follows.

1. In 3000-1000 BC, Stonehenge a monument consisting of concentric circles of stone oriented
towards the Sun position on the summer solstice in England.
2. In 300-100 AD, agriculture and power appeared in ancient Mesoamerica.


3. In 250-900 AD, Maya created and maintained a sophisticated pair of interlocking calendar to help
them plan ceremonies.

4. In 1268 AD, English scientist and philosopher Roger banon records a statement about using lenses
to improve vision with eyeglasses. At the end of 13
th
century, many wealthy and elite people in
Europe, Asia, and Africa wear glasses.

5. 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.

6. 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.

7. In 1747-1752 AD, American Scientist Benjamin Franklin theorized that lightning is a form of
electricity.

8. In 1780 AD, Scottist inventor James Watt and English manufacturer Matthew Boulton began
manufacturing a steam engine for individual use.

9. In 1793 AD, American Eli Whitney invented the cotton gin, a device that rapidly and effectively
removes the seeds from cotton fiber.

10. In 1807 AD, American inventor and engineer Robert Fulton inaugurated a new era of power driven
navigation as a steamboat.

11. 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.

12. 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.

13. Stevins younger contemporary Galileo Galilel in 1564-.1642 AD, solved the problem of
accelerated movement and began the analysis of stresses in beams.

14. Technical men organized the society of Lynxes to which Galileo belonged. The first research
institute was founded in 1560 AD.

15. 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 1750s AD to round off
his technical education, called himself Civil engineer meaning non-military engineer.

1.3 Key roles of engineering in the developmental activities

History tells us that engineers are the people who exploit the properties of matters and sources
of power for the benefits of the mankind. From this it is known that this roles played from ancient
time by engineers are innovating the properties of matters, utilize them for the benefits of the
people, and preserve the same for longer use. Similarly they seek sources of power so that power
can be used in the welfare of people. Therefore, the major roles played by engineers in
developmental activities are

1. Creating vision: Imagine a useful and beneficial object are product that can be produced by utilizing
the properties of different matters and sources of power for the benefits of the people.

2. Preparing mission: Plan, prepare and produce the same economically for the use of larger number
of people for safe, healthy and protection.

3. Execution: Assign the planned activities and or get assigned the jobs that require engineering skills
and knowledge for implementation.


4. Monitor and evaluate: Monitor and evaluate and supervise the make for accuracy, timely, quality
and economical products.
5. Train: Train new engineers practically, technically and professionally to make professionals.

6. Upgrade profession: Innovate, systematize and produce or make facilities for the people by keeping
up the dignity and ethical values of engineers.

With these basic roles of engineers in development activities, the impact left over in societies is
changed societies. We can notice those impacts in the societies that the people utilizing them and make
their lives more and better comfort ever then before. The changes brought by the engineers activities in
the human societies are as below: -

a. Mass production of goods though machines
b. Automation
c. Faster means of transportation
d. Mass communication
e. Inventing labor saving devices
f. Creating faster pace of life
g. Commercializing recreation
h. Emphasizing on high degree of specialization

With these impacts, the different forms of societies have shown clear and distinct changes in them, that
we can observe as below: -

A. At family level of society:
Some positive changes:

Nuclear family emerged

Women started involving in male dominant working areas

Changed living standard of life

Children started new ways in specialization

Started bringing changes orthodox values

Some Demerits

Life became mechanical

Relationship among keen relatives become formal

Existing social customs changed

Family ties among family member became less

B. In religion societies:
Started analyzing religion doctrines and tradition

Relaxation occurred in the rigidity of caste system

People became free from religious rituals

Religion became secondary thing.

C. In rural societies:


Population started migrating towards urban areas

Populations became increasingly consciousness of their societies

People started changed farming techniques

People have more comfortable lives than before

Their life patterns changed

D. In urban societies:

Shortage of land and space for living

Rapid increasing in population and slums

Transportation problem occurred

Crimes increased

Life became expensive

Money became the most important thing in life

1.4 Individual freedom vs. societal goals

If you live by yourself on an island, you have only yourself to consider. When you band together
with other people, however, your actions can affect the group of which you are a part.

Throughout the history, the group has attempted to set limits on the behaviors of individuals in the
perceived best interest of the group and or even individuals. Group living always involved a
compromise between individual freedom and protecting the best interests of the groups. So, how an
individuals freedom can best be protected against the interest of the society is the concern. This
concern has long been dealt with the study of Ethics. The study of Ethics is the study of how to live in
group.

Ethics is normative science of conduct, and the conduct is collective name for voluntary actions of
individuals. So, ethics is the science of disciplined dealings with what is good and bad and with moral
duties and obligations towards the societies.

Individuals interests contrasting with social interests creates dilemma, a confusion of which is right
and wrong. Ethics deals with the norms about how one should behave in such dilemmas of right and
wrong, good and bad and fair and unfair.
An individual freedom facing dilemmas can be assured by the following analysis: -
a. Economical analysis
b. Legal analysis and
c. Philosophical analysis

The societal goal is to maintain and keep up morality in the society. In the most places, unwritten
tribal customs have been supplanted by written codes of behaviors.

The early Greek attempted to understand the meaning of life and considered by many to have began the
development of a Reasoned Philosophy of Ethics. The teachings of Socrates, Plato and Aristotle
culminated in Nichomachus Ethics, named after the name of Aristotles son Nichomachus.

Aristotle debated at the length the meaning of the word Good as well as the concept of Justice and
happiness.


The stoics attempted to formalize an ethical philosophy consistent with nature and with the God.
The philosophy of Zeno urged that people apply rational control over those things within their sphere of
control; ones highest purpose was the user of god given ability to reason. The stoics considered all
people to be brothers and sisters and this developed a sense of social responsibility.

Hedonistic and Utilitarian philosophy of ethics also developed in pre-Christian time. One of the earliest
was that of Epicurus in Greece three centuries before the Christ. His philosophy stressed the pleasure of
simple life; healthy and friendship etc.

In 18
th
century AD, Jeremy Benthan extended the earlier individualistic utilitarian philosophy to
include the concern of group welfare. His philosophy held that an act should be judged with respect to
its bringing about the greatest happiness for the greatest number.

In 19
th
century, Henry Sidgwick extended Utilitarian theory with maxim of Justice, prudence and
benevolence. His maxim of justice commonly believed today is that what is right for one person should
be right for all people and vice versa.

Immanuel Kant is most commonly identified with the theory of Formalism, which judges the good of
an act on the basis of motive. In contract, teleological theory judges an act on the basis of ultimate value
of the outcomes.

Case: - Assume for the movement that you meet a very thirsty person in desert whom you give a
drink of water from your canteen. What if the thermal shock of cold water kills that person? Formalistic
theory would exonerate you for trying, whereas teleological theory would condemn you for contributing
to the persons death.


Chapter 2
Engineering Professionalism

2.1 Engineering morals, ethics and professionalism

Morals measure the standard of good behavior by which people are judged. Engineering morals
mean the standard of good behavior of engineering people by which they are judged. In moral quality,
rightness or wrong are present. Non-moral means devoid of moral quality. All actions are non objects of
moral judgment. Only voluntary and rational people are the objects of moral judgments.

The actions like nature or animals are not moral actions, even if the actions are good for human, because
they are devoid of response to human life. Therefore, it should be human behavior concern for moral
actions.

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: -

a. Eternal law of ethics

The external law of moral is the set of standards of goods behaviors based on the nature
and the scriptures. Studying the nature and scriptures, common sets of moral standards are set. The
set of morals standards should be obvious to anyone who takes time to study the nature of
scriptures. Everyone should act in accordance with the common set of standards. These laws are
general rules or principles. Do onto others as you would have others do onto you is an example.

b. Utilitarian law of ethics

The professional or individuals should act in the way to creating the greatest benefits for
the largest numbers of people. It sit based upon the outcomes or results of the act. This law of ethics
arose from the teleology theory. In Greek, teleo means outcome or result. So a person should be
aware of his or her act for its results or outcomes.

c. Universalism law of ethics

This law of ethics is based upon the motive or intent of the doers. It states that the
professionals must have good motives behind their doings. This law comes from Deontological
theory, wherein Doen in Greek means duties and obligations. A professional as an engineer, have
duties and obligations towards the societies they live in.


d. Distributive justice law of ethics

This law is based upon the primacy of justice equal to all. Rules and laws apply to all people. The
professionals must have back in the mind that the law applies equally to all. The outgrowth of equality
today is the result of this law.

e. Personal liberty law of ethics

This law of ethics is based upon the primacy of personal liberty. This law states that any act that
violates anybodys personal liberty even if the act creates greater benefits for the larger number of people is
not accepted. Any action of professional or individual must not violates anybodys liberty at all.

A profession is defined as having a systematic knowledge acquired through specialized training or
education and practicing the same as an occupation. Besides these, professionals bear morals and ethical
behaviors. The content of profession with moral and ethical behaviors is professionalism.

A professional helps in providing specialized work of service to the societies. The following are the
some of the features of a profession

1. A professional acquires a systematic knowledge and enhance skill

2. A professional exercises the knowledge and enhance skill ethically as an expert, occupational or
professional
3. The service or works as an expertise of a professional is evaluated by the public
4. Professionals follow code of conducts to keep moral of the profession high
5. Professionals have their own cultures

In societies, some of the professions are found loosing professionalism because of the following cause:

a. Inadequate salary
b. Defective social norms or value
c. Low moral of the individual
d. Non-regularities of law and regulations
e. Lack of political commitment

2.2 Code of ethics and guidelines for engineering profession

The ethics as normative science of any professional conduct needs Codes of ethics and guidelines to
maintain high level of standards of good behavior or conduct in the public. Engineers create facilities and
services by any or all of the acts- designing, composing, evaluating, advising, reporting, directing, and
supervising wherein the safeguard of life, health and property or the public welfare is concerned. Engineers
do so by applying engineering principles and the experiences gained.

The National Society of Professional Engineers (NSPE), U.S. approved by the Board of Directors on 5
th

Oct. 1977 has set the fundamental principles for engineers to uphold and advance the integrity, honor and
dignity of engineering profession by: -


1. Using their knowledge and skill for the advancement of human welfare.
2. Being honest and impartial and serving with fidelity the public, their employers and clients
3. Striving to increase the competencies and prestige of engineering profession, and
4. Supporting the professional and technical societies of their discipline.

The fundamental canons for the professional engineers are as follows: -

1. Engineers should hold paramount the safety, health and welfare of the public in the performance of
their professional duties,
2. Engineers shall perform services only in the areas of their competencies
3. Engineers shall issue public statements only in an objective and truthful manner

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 reputations on the merit of their services and shall not
complete unfairly with others

6. Engineers shall act in such manner as to uphold and enhance the honor, integrity and dignity of the
profession,

7. Engineers shall continue their professional development throughout their careers and shall provide
opportunities for the professional development of those engineers under their supervision.

2.3 Relationship of engineering profession to basic science and technology; relationship to other
professions.

Engineering itself is an application of knowledge and skill acquired though a specialized training,
education and experiences and practicing the same as an occupation in the areas of public safety, health and
property protection. In short it is a systematic application of knowledge and skill.

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.

Basic science and technology includes physics, chemistry, mathematics and technology includes
those in which the process or method of applying those material properties for the use of mankind are
described. The technology describes how to become or how to make. Combining both of these subjects
forms engineering subject.

As engineering works involve large funds for creating facilities and services for the people. As the
projects involve budget and the people, the engineer in charge and the staff need to have good procedure of
keeping accounts and rapport with stakeholders. Therefore, engineering profession involves mainly the
following professions accountants, lawyers, medical and managers. Accountants keep records of
expenditures, lawyers helps in executing works within legal sphere, medical person helps in keeping people
of engineering safe and healthy and managers helps in sorting and executing


works as per state rules and regulation and maintaining good relationship with other stakeholders without
creating conflicts.

Therefore, engineering profession has a deep relationship with law, account, medicine and
management profession. Auditing, budgeting, managing conflicts and maintaining harmonies in the work
sphere are some of the professions engineering profession have deep relationships.


Chapter 3
Engineering professional practices sectors in Nepal

3.1 Public sectors, Government organizations like ministries, departments, regional and district
offices, corporations, institute of engineering etc.

Public sectors in Nepal are understood the organizations that are run by the budget sanctioned by
the government. The organizations in which qualified people can compete for participation are public
organizations. All the ministries and departments, regional offices, district offices and other sister
organizations are the public sectors wherein any qualified Nepalese citizen can apply and be nominated for
the job. The ministries enlisted in the budget announcement for fiscal year 2060-61 BS are as follows: -

1. Finance Ministry
2. Industry, commerce and supply ministry
3. Law, justice and parliamentary ministry
4. Agriculture and cooperative ministry
5. Home ministry
6. Population and environment ministry
7. Water resource ministry
8. Physical planning and works ministry
9. Culture, tourism and civil aviation ministry
10. Foreign ministry
11. Land-reform and land management ministry
12. Women, children and social welfare ministry
13. Defense ministry
14. Forests and soil conservation ministry
15. Science and technology ministry
16. Education and sports ministry
17. General administrative ministry
18. Information and communication ministry
19. Local development ministry
20. Health ministry
21. Labor and transport ministry
Other public organizations are as follows: -
22. Secretariat of national planning commission
23. Finance ministry
a. Internal loan section
b. Foreign loan section
c. Investment section
d. Miscellaneous section
24. Royal family and palace offices
25. Royal council- constitutional bodies
26. Parliament constitutional bodies
27. Courts constitutional bodies
a. General administrative
b. Commission of investigation for abuse of authority (CIAA)


28. Auditors offices
29. Public commission office
30. Election commission office
31. Office of Attorney General
32. Council of justice
33. Office of Prime Minister
34. Ministerial council
35. Center for national awareness
36. Municipalities
37. DDCs, VDCs, Regional level organizations under various ministries

Corporations and companies are considered semi-governmental organizations, in which
government authorities appoint apex positions and others by the Public Service Commission. The following
are some of the corporations and companies in Nepal in which engineering graduates can practice
engineering professions: -

1. The National Construction Company of Nepal (NCCN)
2. The Nepal telecommunication company (NTC)
3. The Nepal royal airlines corporation (RNAC)
4. Nepal diary development corporation
5. Nepal industrial development corporation (NIDC)
6. Royal Nepal drugs corporation
7. Nepal electricity authority
8. Nepal Rastrya bank
9. Nepal Agriculture bank
10. Nepal Banijya bank
11. Hetauda cement company
12. Nepal Jadi-Buti udyog company
13. Tribhuwan university
14. University Grant Commission
15. Himal Cement Company

3.2 General Job description of engineers working in public sectors

The following job description is for the fresh or newly entering engineers on the Gazetted third
class position, abstracted from the office of Rural Infrastructure development Project (RIDP), HMG/Nepal.

1. to perform preliminary and detail survey, design and estimate
2. to execute and assign for execution of project works
3. to conduct various programs for increasing peoples capacity.
4. To report writing of
a. Progress report
b. Feasibility report
c. Final report
d. Monitoring and evaluation report etc.
5. To monitor and evaluate ongoing projects
6. To facilitate donor agencies is involved


7. To execute and perform works and jobs assigned by immediate superiors, and
8. To execute other jobs planned specifically for engineers as the nature and case be.

The general job description of gazette second class engineers in public sectors exercised by the Public
Service Commission as per published in the public Service Commission Bulletin no. 11 on Ashad 4,
2054 BS is as under-

1. Planning programming and execution of works.
2. Research on technology, cases , various skills for upgrading,
3. Monitoring, and evaluation and supervision of projects,
4. Administrative activities,
5. Financial administrative activities.

3.3 Private sectors: Construction companies, consulting companies, private engineering colleges etc.

In the open market system, there have been thousands of private organizations in operations in
various sectors. As engineers are the technical personnel who work for the greater benefits of the public,
entrepreneurs have used them in producing larger quantities in economic investments. Therefore, there are
private organizations working more efficiently than government sectors under strict supervision and
motivations.

There are nearly 30 private colleges affiliated to five universities- governmental and non-
governmental. Construction companies and consulting firms are numerous. Construction companies alone
are above 14000- including A, B, C, and D classes. The members of A class constructors is 176, B class-
352, C class- 1387, and other D class.

There are many computer institutes to teach computer literacy to computer software design and
programming. Private organizations have accelerated their business with the largest technologies available
in Nepal. E-Businesses have occurred in Kathmandu. All those privates organizations employ engineers
and the engineers have opportunities to practice their engineering profession in there.

3.4 General Job description of engineers working in the private sectors:

The following job description of an engineer in private organization has been taken from the United
Builders and company, an A class Construction Company in Nepal.

1. To coordinate works between stakeholders- clients, consulting and contractors
2. To layout works, to survey and to estimate,
3. To supervise, monitor, and control works,
4. To control quality, to assess and report to concerning authorities,
5. To prepare bills as a quality surveyor,
6. To plan project and report progress,
7. To prepare technical report and prepare claims if any,
8. To conduct necessary training regarding site work and office organizations system to new staffs,
9. To overall manage of construction project etc.


Chapter 4
Engineering professional practice Nepal

4.1 The engineering council act 2057
4.2 System of provision for private practice and for employee engineers.

4.1 The engineering council act 2057

The engineering Council Act 2057 came into existence under the Engineering Council Ain 2055,
section 37.the Ain was initiated for making engineering profession effective and impressive in Nepal. The
Ain has the following main objectives to start with-

a. To make engineering profession more effective
b. To regulate systematically and scientifically the engineering profession in Nepal and
c. To register engineers in the Engineering Council according to their qualifications.

With those objectives, the engineering Council was established in 2057 BS. The council
categorized the engineers as under according to section 2 of the engineering council Acts.

1. General registered engineers.
2. Professional engineers.
3. Non-Nepalese registered engineers.

According to Annex-1 of the Acts, the minimum academic qualification has been set bachelor
degree in any listed engineering fields. Only those who have attained Bachelor degree in any listed field of
engineering shall be eligible for applying for registration in the Engineering Council.

Annex-1 of the engineering Council Act 2057, the bachelor degrees obtained from the recognized
academic institutions by the council has listed engineering fields as under in relation to Clause-4, Sub-
Clause 1 of the engineering Council Act 2057.


Engineering fields According to notice published on 2058/5/11. Section
51. No. 19 of the Nepal Royal News part-3

1. Civil engineer 16. Textile engineering
2. Electrical 17. Computer engineering
3. Electronics and communication 18. Environmental engineering
4. Mechanical 19. Automobile engineering
5. Aeronautical 20. Industrial engineering
6. Mining 21. Radio engineering
7. Chemical 22. System engineering
8. Metallurgical 23. Automation engineering
9. Metrology 24. Bachelor of urban an physical planning
10. Meteorology 25. Geo-technical engineering
11. Geography 26. Forestry engineering
12. Civil aviation operation and engineering 27. Agriculture engineering
13. Survey 28. Energy engineering
14. Chemistry 29. Information technology and telecommunication
engineering
15. Agri-irrigation engineering 30. Earthquake engineering
31. Architect engineering
32. Electrical and electronics engineering
33. Electronics engineering
34. Avionics engineering

The minimum qualification for professional engineer registration is master degree in any
engineering field specified by the Council or the minimum qualification degree may be post graduate in any
engineering field specified by the council.

The Engineering Council shall have three separate Register Books- one each for registered general
engineers, registered professional engineers and registered engineers shall be in Nepali.

The Council shall provide a certificate to an engineer for being registered in the council. The
registered engineers have to take Oath in a paper prescribed by the council while providing a certificate of
registration.

Section 3 of the Engineering Council Act 2055 states that the education institution, organizations or
any academy which intend of offer Bachelor, master or any Postgraduate engineering degree will be first
needed recommendation of the council before approval by the government of Nepal.

Section 4 of the engineering council Act 2057 describes a set of professional morals and
professional conducts of all registered engineers as under:

a. Honesty and discipline: All engineers must provide service/professional jobs without making
engineering professional moral low,


b. Loyalty and Morals: All engineering professional practicing engineers must be loyal to their
organization, employers or clients.

c. Impartiality: While practicing engineering professional knowledge and skill, engineers should
be impartial in relation to religion, color, gender or caste or any other.

d. Performing only related professional jobs only: The engineers should practice their knowledge
and skill in engineering within the scope of their education, profession, knowledge and skill.

e. Never do anything that brings low moral in the engineering profession: Engineers should not
come financial or other influences by any change while performing engineering jobs that
lowers engineering moral in the society.

f. Personal responsibility: In engineering professions, engineers are responsible for their doings.

g. Name, Rank and register no. : The engineers must produce their name, rank and registration
number after their professional work like writing, drawing, design, specification, estimate, etc.

h. Do not publish statements to leave unnecessary influence: The engineers shall not publish any
notice or writing that brings influence the public and other client unnecessary.

Section 5 of the Act states an examining committee of three members formed under the
coordination of a council member shall examine any complaint registered against any engineer in the
council.

The examination committee, in its doings, may suspend the engineer under examination so that
further mistakes may not be added up. The engineer that has been complained of doing misconduct or
immoral conduct shall be given an opportunity to clarify of his/her doings before the examination
committee.

The examination committee will produce its recommendation on the case to the executive board of
the council for study and making decision whether the engineer should be removed or reinstated in the
registration book from suspension.

In the study of the recommendation, is the culprit is found guilty, he/she shall be informed to the
organization, client or office of his or her misconduct. The council will seize registration membership and
ban from practicing engineering profession for him/her.


4.2 System of provision for private practice and for employee engineers.

The Nepal Engineering Council Ain 2055, Section-3(p.7) states that-

No engineer should practice engineering profession without being registered in the council even if
graduated from the institute recognized by the council. This will be effective after a year from the
implementation of the Nepal Engineering Council Ain 2055.

From the above statement, the provision for practicing engineering profession in any Nepalese
organization is prohibited unless registering in the engineering council. This is simply for regularizing
engineering professional practice in Nepalese societies, keeping in view the safety, health and protection of
the property of the public.

Any engineer complained against his/her professional practice to the council will make a sincere
examination of the conduct of the engineer and if found guilty, s/he will be recommended the same and the
engineering council will inform the organization in which the culprit has been practicing engineering
profession.

When the council does not permit anyones engineering practice without registering in the council,
the council has made provision under Section 3 for applying for registration. The following is the process of
registration

1. Apply for registration:

a. In the prescribed format of the council, a person wishing to apply for his name to be
registered should apply.

b. Those who have been practicing engineering profession before the coming of the
engineering council should apply in the prescribed format within six months from the
implementation of the engineering council act.

c. Those wishing to apply according to a or b above need to submit certificates, awards and
other papers relating to academic qualifications along with specific registration fees.

2. Checking for the application:

The registrar of the Council will check all the papers submitted along with application and then
submit to the subject committee if the council.

3. Checking on the application and recommendation:

a. The subject committee will make necessary checking on the application submitted by the
registrar.

b. Anything unclear realized by the committee will be made by asking to submit necessary
papers and certificates.


c. Any necessary paper demanded by the committee and to submit the same by the applicant
is applicants responsibility.

d. If the committee finds qualified for registration after checking according to a, b and c
above, the committee will recommend to the council for registration.

4. Register the Name:

The council shall decide to register the name of the applicant in the format of Registration
Book prepared by the council, if the council finds the recommended name right for registration in
the council.

5. Certify the Registration of the name:

After the decision made for the Registration by the Council, The Registrar will register the
name in the registration Book and provide a certificate of Registration of the Name in a
specified format.

6. Inform if the decision is made not to register the name:

If the council decides not to register the name of the applicant showing any reason, the
registrar will inform the applicant in writing.

7. Removal of the name from the register Book:

1. The name of the engineers from the register Book shall be removed except in the following
cases:
2.
i. Mentally ill,

ii. Bankrupt in case being unable to pay loans back,

iii. Violated the specified professional conducts and reported to the council to remove the
name from the register book and if decided by two third majority.

iv. If the court proved the engineer guilty in public case on moral ground,

v. By mistake or mischief if anybody without basic qualification has been registered,

3. The council shall form a committee to make recommendation on the case by examining the
engineer that is reported blamed and removal his name from the Register Book.


4.3 Contract law:

The law of contract is that branch of the law, which determines the circumstance in which a
promise shall be legally binding on the person making it.
- Sir William R.
Anson

A contract is a agreement enforceable at law made between two or more persons by which rights
are acquired by one or more to act or forcible on the part of other or others.
- A. K. Sen, Commercial
Law

According to the Contract Act 2023 Nepal, a contract is an agreement between two or
more than two parties to do or not to do any business. This indicates that there involves at least
two parties, one of which make an offer and the other is an acceptor. Without an offer and
acceptance, there cannot be a contract.

An offer is a proposal presented before someone with the hope of getting consent to do or not
to do any business. Whereas acceptance is consent given by the person or a party before whom an
offer was made. There occurs a contract when both offer and acceptance between them take
place. But the following context has to be present making a contract:-

a. If a person or party accepts an offer to whom it was made, contract exists,

b. If the acceptance is not given within the stated time with the offer, contract does not
occurs,

c. If there was no time frame for the acceptance of an offer, to be contract, consent has to be
given within a reasonable time,

d. If an offeree has mentioned that in a contract time period if disagreement with that offer is not
received, the offeree considers that offer has been acceptance, in this ground, contract does
not occur.

e. In the case of an offeree is dead or becomes insane after making proposal but receiving the
acceptance of the sane, the offer becomes void,

f. If a person/party gives consent or an offer, with a certain changes does not occur contract in
this case without acceptance by the proposer.

Essential elements of contract:

To have a contract or to have offer and acceptance between two or more parties to do or not to do some
business, the following are essential:

1. Offer and acceptance:

There must be an offer from one or more parties and the same must be accepted by another party to
make contract. Offer without acceptance without offer does not make contract.

2. Competent parties:

Parties or person who make contract must be competent according to law. If a party is not capable
to accept or offer, there cannot occur a contract. A person below 16 years of age, mad,


senseless is incapable to make contract according to contract Law of Nepal. But if a guardian for
such person makes an agreement, there can be a contract.

3. Legal relationship:

Any contract must be made legal relationship between offeree and acceptor. Providing a cup of tea
by a friend and accepting it as an offer cannot make a contract for something.

4. Free consent:

Acceptance or offer, both should be free consent from both parties. A forced offer or forced
acceptance cannot make a contract.

5. Lawful consideration:

The contracting parties must have an offer and acceptance with a condition. Any work done without
any condition and the benefits obtained by other parties cannot be a constant.

6. Lawful propose:

Contract for doing cannot be an illegal matter or purpose.

7. Possibility of performance:

Any contract should be within possibility of performance. The law does not consider legal of the
contract6 work is not within the possibility of performance.

8. Certainty:

Contractual conditions must both be unclear and unlimited. Both parties under the contract must
have understood the term and conditions.

9. Lawful Object:

Illegal, immoral and against the public welfare subjects objects cannot be a contractual matter.

Voidable contract:

As per Contract Act 2023, the following contracts are void able, if any of the party desire to make it void:-

1. Forceful contract,
2. Entered in to contract because of undue influence,
3. Contract involving fraud and or misstatement.


Void Contracts:
As per Contract Act 2023, the following are void contracts:-

a. Contrary to the statutory law:-

It the contracts or its intentions are against the law of the country or contrary to the law, the contract
becomes void automatically.

b. Ambiguous, Vague and Unlimited Contracts:-

The contracts must be specified, defined and bounded within certain parameters so that the contract
can be executed against certain target.

c. Non-Possibilities of Performance:

When the contract seems of not possible foe performance, the contract becomes void.

d. Contrary to public policy and welfare:

Any contract against the public policy and welfare shall automatically void contract.

4.4 Preparation of tenders Document and tendering process:

Tendering is an offer by notice through news media for the knowledge of larger number of
qualified or potential and capable parties to do or not to do certain works. It has a fixed time for
certain activities notified for bidders. If any potential bidders fails to fulfill those conditions, then
the bidders is considered disqualified.

The bidding/tendering is practice to draw attentions of those competitive bidders who have
capacities and proven ability to bid for as per set terms of prequalification of the bidders. Both the
LCB and ICB are the types of bidding categorized by the International bank for reconstruction and
development (IRBD) and International development Association (ICB), which are hereafter called
Banks, for the loans/grants under the administration of either or both for the following purposes.
Those system of tendering/bidding been adopted in Public Works Document, 2003 as well.

a. For the need of economy and efficiency in the implementation of the project, including
procurement of goods and works involved.

b. For the banks interest as a cooperative institutions, in giving all illegible bidders from
developed and developing countries as opportunity to complete in providing goods and works
financed by Banks.

c. For the Banks interest as a development institution in encouraging the development of domestic
contracting and manufacturing industries in the borrowing countries.

d. For the importance of transparency in the procurement process.


For bidding works or services, the standard bidding procedures are of the following two types on
the size and types of the projects:-

a. Local competitive bidding/National competitive bidding(LCB/NCB),

b. International Competitive Bidding

Local or national; biddings are for providing are for providing opportunities for using uprising
potential bidders for building and strengthening capacities to come up for works and services
internationally through competitive bases, whereas international bidding are for those parties from
any country unrestricted by the united nations for any political or other reasons.

For both of the biddings, the procedure is similar only difference is the time allocated for biddings
looking for more internationally capable bidders. They have to produce contract document in a
specified pattern for competition for the project work.

The papers that form complete Document for agreement of the works are contract document. The
contract document explains the size, type and quality of the works, its mode of construction,
payments, design and drawing , legal bindings, obligations, etc for the smooth execution of the
work. Any misunderstanding in the work execution is explained under the basis of contract
document. A tender document is prepared under the following sections, which forms a contract
document:-

1. Invitations for bidders,
2. Bids distribution,
3. Instruction to Bidders,
a. General,
b. Bidding document,
c. Submission of bids,
d. Bid opening and evaluation,
e. Award of contract,
f. Bidding data,

4. Forms of bid, qualifications, information, letter of acceptance and
agreement,
Standard forms:-
- Contractors bid,
- Qualification,
- Letter of acceptance,
- Agreement
5. Conditions of contract
- General,
- Times control,
- Quality control,
- Cost control,
- Finish the contract,
6. Specifications,


7. Drawings,
8. Bill of qualities,
9. Security forms
- Bid security,
- Performance bond,
Performance Bank guarantee (conditional)

Performance Bank Guarantee(unconditional)

- Bank Guarantee for Advance Payment

After preparing a tender document complete as state above under various section, the next step is to go for
tendering. Tendering process starts with the publications of tender notice in national and international news
media. If the target parties are exposed from within the nation, the tender notices must float in the national
newspapers for specified time period. In Nepal tendering is done on the following process as per FAR:-

a. For the works of estimated and approved amount up to NRs 1,000,000.00 (1m), tender notice is
floated/published two time in local newspaper,

b. For words of estimated and approved amount of more than NRs 1m needs to be published in
National Newspaper two times at least

c. The tender notices need to be kept on Notice Board of the tendering office and send to local
offices VDC, municipalities, DDC, and contracting office each,
d.
While preparing a tender notice, the following information must be incorporated in the notice

Time available for buying Tender form (the date of availability for buying)

Name and addresses of offices from where the tender documents are available.

The cost of tender document

Place, date and time for submitting filled up tender

Bid security amount (earnest money) and form of security

Other relevant information as the case of the works or services is

However in Kathmandu valley, all the tender notices are published in National Newspapers. In case of
International competitive bidding or global bidding. The notices are sending to International Business
Papers and to embassies in Nepal.

For the foreign parties, the tender document should be included with the evidence papers as following: -
The party should have a agent appointed in Nepal, and the papers concerning to the agent should be
included with the tender document as follows: -

Name and address of the agent

The commission that the agent takes or charges

Types of currency and mode of payment etc any condition set with the agent,
Income certificates and

The approval paper of being agent from the party.

4.5 Finalizing the contract document


Contract documents are checked in two stages: -

1. At the time of receiving bids, the essential documents, which comprises contract document, are
checked. Especially those documents which may cause problems in accepting the bid bonds, and
the numbers of documents that are required to be submitted, such as experience certificates, recent
tax paid firms documents etc.

2. Second scrutinizing is at the start of evaluation. Before going into the evaluation action, a prior
check of all contract documents are once checked and if any document is found missing, the bidder
is informed by telephone or e-mail to furnished the same as earliest as possible.

After preliminary checking of all submitted tender documents, the office of the organization starts
evaluation of the biddings. Generally the bids are evaluated for two capacities past and present
performance experience and present physical capacity for executing the projects successfully and
the bid amount. The evaluation is done as per standard qualification format prepared as part of the
bid document.

The evaluation table is prepared of all bidders showing different elements of qualification. During
evaluation if any information found incomplete, the evaluating team may ask in writing and the
bidder will furnish it. The parties obtaining the highest score will be noted and the same shall be
compared with the bid amount. The one who has the highest score in capacity and the lowest biding
amount shall be recommended for award of the contract.

Sometimes the highest scoring party in capacity may bid higher. But while recommending a party
for award of the contract, the recommending body will give many alternative options of selecting
one party and the Board of Directors will decide one for the award of the contract.

4.6 Approval of the contract Agreement

The approval of any contract has been categorized as per capacity of the office organization. Any
organization headed by gazette third class officer and other by second-class gazette officer has been
differently provided capacity of approving agreement. The following show the maximum limits of
approval of the office head as per their class of ranks -

a. Procurement of works:


Descriptio
n
Amounts in
NRs Approval Authority FAR Rules No.
Works without cost estimate Up to 25000/- Office in-charge (Project manager) 63(10)
Approval of cost estimate Up to 2.5 m Gazette 3
rd
class, Office in charge 63
Up to 5m Gazette 2
nd
class, Office in charge
Up to 50 m, Gazette 1
st
class, Office in charge
More than 50m Department head
Approval of tender Evaluation Up to 10 m Gazette 3
rd
class, Office in charge 73(1)
committee recommendation Up to 20 m Gazette 2
nd
class, Office in charge 73(1)b
and awards of contract Up to 50 m, Gazette 1
st
class, Office in charge 73(1)(c)
More than 50m Department head 73(1)(d)
Method of procedure Up to 10,000 m By direct negotiation, 64(10)(a)
Up to 1 m By sealed tender, 64(1)(c)
More than 1m By bidding, 64(1)(d)
Emergency works no limit By direct labor or direct negotiation
stipulated
Construction contractors Up to 2.5m Preference to users committees, Construction
classification Up to 3m, Class D may bid for, Enterprises
Between 2 to 10 m, Class C may bid for, Act 2055,
Between 6 to 30m, Class B may bid for, 10(2) and 10(3)
More than 30m Class A may bid for, and FAR 2055 Rule
80.
Qualification of contractors Approval of criteria, Concerned secretary 65(1)
method and qualification

b. Procurement of Goods
Description Amounts in NRs Approval Authority FAR Rules No.
Approval of tender Evaluation Up to 10 m, Gazette 3
rd
class, Office in charge 73(1)(a)
committee recommendation and Up to 20 m, Gazette 2
nd
class, Office in charge 73(1)(b)
awards of contract Up to 50 m, Gazette 1
st
class, Office in charge 73(1)(c)
More than 50m Department head 73(1)(d)

Method of procedure Up to 10,000 m By direct negotiation, 58(1)(a)
Up to 1 m By sealed tender, 58(1)(b)
More than 1m By competitive bidding or public 58(1)(c)
bidding,
More than 1 m (in special By negotiation, force account or public 58(1)(d)
circumstances) bidding

Qualification of manufacturers Approval of criteria Concerned Secretary 65(1)

Note: - Pre-qualification required only in the purchase of heavy and construction equipment costing more
than NRs 10m.

c. Hiring of Consultants
Description Amounts in NRs Approval Authority
FAR Rules
No.
Short listing of consultants N/A Recommendation : Project manager -
Approval: Department Head
Approval of section of Up to 300,000 Gazette 3
rd
class, Office in charge 81 (16) a
Consultant Up to 500,000 Gazette 2
nd
class, Office in charge 81 (16) b
Up to 5 m, Gazette 1
st
class, Office in charge 81 (16) c
More than 5m Department head 81 (16) d
Method of Hiring consultants Up to 100,000 By direct negotiation, 81 (2) a
Up to 500,000 By sealed tender, 81 (2) b
More than 500,000 By competitive bidding with technical and 81 (2) c
financial proposals

Note: - (From PWD: Part 1 Organization Directives Chapter 7 Summary of Authorities in a Project, January
2002)
4.7 Community based engineering project launching procedure


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.
Consultants are appointed to identify community based projects with the involvement of the
communities. Community based projects involve at least one member and especially headman from
each family of the community.

The consultants usually conduct a survey to identify needs of a community. In the context of Nepal,
usually donor agencies are involved in financing a particular community based project. Community
based projects are social projects, which involve many kinds of people residing in the community
as member of the users group.

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.

In engineering works, irrigation and road are the sectors that have community based-projects
ongoing in Nepal, although forestry sector has a remarkable success in developing and maintaining
community forests.

As earlier mentioned the engineers are the people who study properties o f matters and sources of
energies and apply the same in the benefits of human beings. The natural resources that any state
has, are a forest, b. land c. water and d. mines. With this concept the government of Nepal has
attempted to explore in forests, land and water for the development of the nation. Also it is realized
that the sustainability of the developmental project lies on the shoulders of the involved local
people. With this concept the government of Nepal has formulated community forestry; community
maintained irrigations and community built roads.

In irrigation projects the design, implementation and maintenance of canals are tertiary level largely
involve users group of people. The needs, type s and sizes of canals are tertiary levels are therefore
identified, planned, constructed and maintained by them. They are organized in a group,
responsibilities are shared and they do daily and periodical maintenance of the tertiary canals. It is
considered that the system of irrigation involving users group from the identifying an irrigation
project to maintaining stage of the canal last longer functioning. The people involved in the project
consider as their own projects, from which they directly fruit from the projects. So, the people
around the using water sectors are motivated and encouraged to actively take role in community
projects. The main and branch or even sub branch canals are constructed and maintained and
repaired by the development of the ministry.

Similarly is the case for rural/agricultural roads. The trunk roads, highways, district roads are
constructed by road department, where as the roads which link s the village or the community of
users group with the district roads are simply known as rural roads. The people involved in
identification, selection, planning, construction and maintenance are known as users group.

The community based engineering projects are initialized for the reasons that:-


With the involvement of local people in identifying local needs and resolves problems, the system
will last long. They will realize that the facility built as a project will reflect their efforts and at the
same time they will know the maintenance and repairs as well. It will reduce the effort of
motivating to maintain the structure. Also, the community project will unite the people, work
together and build strength of the community. With the increase building of strength of the
community, they will tackle other problems solving together, and as the nation is built of many
communities, and all the communities become strong and development, there will need no more
time to attain required development. The local people will know how to plan, construct and
maintain the other community project as well. They will grow togetherness and strength of the
community for any development activities thereafter.

The community road construction programs have the following objectives:-

a. To make facilities of transportation from village to market centers by building village
roads,

b. To develop market centers for the trade of agriculture and livestock products,

c. To provide support for the institutional dev elopement of the local development under the
decentralization policy of the government,

d. To encourage environment protection activities by discouraging the environment ill efforts
from the construction.

For this purpose, the rural Infrastructure development Project (RIDP) initiated under the assistance
of the Asian Development bank (ADB) has set the following three activities for community road
program:-
a. Rural road construction,
b. Multipurpose community Building construction and
c. Awareness increase in people activities.

The identification and selection of the project for the Rural Infrastructure Development project have
already been completed before the load signing agreement between the Asian development bank
and the Government of Nepal. The Asian Development Bank has made grants available for the
identification and selection of the studies of six rural roads projects in three districts. From this
feasibility studies, layout of the road has been selected. According to decentralization concept of
the government, the project identification and selection is done with the consultation of the users
group at DDC, VDC and local users according to their needs and demands. During feasibility study
with the importance of local peoples participation, road users groups have been formed.

4.8 Users group formation and community participation in development
activities Formation of users communities (Rural Infrastructure development
Projects)

The two users communities shall be formed at local level for rural road construction, operation and
maintenance. There will be a district road users committee (DRUC) in each road layout. The


district road users committee will function policy matters on road construction and maintenance and
repairs. The committee will form the selected people from among the local users people, ranging
from 11 to 18 including president, deputy president. In addition, one representative from district
level industry and commerce association, social organization and transport professional
organization shall be in the advising committee. The district road users committee shall be formed
from the responsible representative member or headman from each family within the area covered
by 1.5 km either from the centerline of the road.

Besides this, each road layout shall be divided in to 7 km to 15 km portion and each portion will
have separate users committee and named as local road users committee. Family head or
representative member from the family from within the area covered by 1.5 km rather side from the
centerline of the layout shall make the local users committee of 7 to 11 members including
president and deputy president. According to the construction plan, the local road users; committee
shall be formed for each road portion annually.

The main objectives of the road users committee shall be to be involved in construction and
maintenance and repair works of the road, to supervise and monitor the construction and to manage
the labor for the work.

The district development committee or district office unit shall will call meeting and ask to resist in
forming users committee. The DDC will provide necessary information reporting roles,
responsibility in the road construction and maintenance and repair.

Formation of users committee (Bagmati Irrigation Project)

Users committee in the use of the water for irrigation purpose has been initiated in irrigation
projects from Bagmati Irrigation Project (BIP). The recommendation of the feasibility study of the
Bagmati irrigation Project states that the BIP should establish Water Users organization (WUO) in
Bagmati Command Area Development (BCAD, in parallel with the commencement of the survey
and design, since WUO plays an important role in irrigation management and farmers participation
to the project as well As collection of water charge and the farmer sharing cost of the project
investment. Though WUO, WUAs, WUGs, and WUSGs, the farmers intentions and opinions on
the irrigation and drainage system will be discussed and reflect their views to the planning and
designing of BCAD during the detailed design state. The WUO should be established before the
issue of irrigation water. Once issue of the irrigation of water be made without establishment of
WUO, it will be difficult to organize WUO smoothly at the later stage. Therefore, it is strongly
recommendation to organized WUO in parallel with the BCAD design works.

Procedure of registration of users committee:

All the committee formed under the program e.g. DRUC and LRUC shall be registered in the office
of the chief district office (CDO) under the Association and Institute Registration Ain 2034. After
the formation of the committee of one month, the committee will apply in the office of district
administration for registration. The committee shall be recognized legal only after obtaining
certificate of registration from the office of district administration.


The district office unit will avoid to the formed users committee a sample of rule and regulation.
The CDO unit will also assist by providing necessary information for registration in the office of
CDO. It will also help the members of users committee anything about the sample rule and
regulation.

The consultant will assist the users group by motivating in registering in the office of the Chief
District Office. The consultant will also train the members of users committee to clearly understand
the rules and regulations.

The district road users committee and or local road users committee will perform all necessary
activities in registration the committee in the office of the Chief district office.

There will be an agreement between the users committee and the DDC for the project undertaken.
Both the users committee will make an agreement separately DDC in the specified format.

Procedure of registration of users committee in Irrigation Projects:

The command Ares Development (CAD) programs shall be according to the Irrigation Act 2049
(First revision 2053). The tertiary canals shall be constructed with the peoples participation. The
investment of the construction of tertiary canals shall be in proportion of 75% of the total from the
government and 25% from the user. Prior to construction, all the users committee to tertiary canals
shall be formed for the active participation in the construction of tertiary canals. For the
management and distribution of water, water source management, and canal management purposes,
water users committees and farmers training shall be conducted. In addition to it, users
participation program shall be conducted to increase the income of agriculture farmers of these
sectors.

From the lowest tertiary level, the formation of water users group (WUG) shall be started. The
formation of water users group shall be formed at various levels as under according to Irrigation
Act 2056 rule no 3-
1. Tertiary level- water users sub group,
2. Secondary distribution level- water users, group,
3. Distributory level- water users association,
4. Branch canal- coordination committees.

The above various levels of water users committees shall be registered in the relative irrigation
office to obtain legacy. The following water users organization has been proposed for the effective
water use by the government on Nepal in irrigation department.

Water User Federation at National level

Water users coordination committee at branch canal Level

Water Users Association at Distributory level

Water Users Committee at tertiary level


(3) The procedure that the examination committee has to follow in checking the case will
be as per specified.

8. Cancellation of the Certificate:

If the council decides the name of the registered engineer from the Register Book, the Register
will inform the engineer by removing the name from the Register Book and cancelling the
Certified of the engineering.

Re-registration the name:

1. If the name of an engineer is removed the name from the register Book as per decision made by
the council and if the engineer wishes to apply registration and s/he can apply in a prescribed
format at least after a year showing reasonable causes.

2. If the council decides to re-register the name, it can re-register the name of the applicant again.

3. The Registrar will have to prove a certificate to the applicant in a prescribed format after re-
registration the name in the re-registering the4 name in the Register Book after the decision of
the council for re- registration.

Conclusion:

All the engineering professionals have to register in the engineering council for practicing
engineering professional, no matter it be in private sector or government or even corporations.
There may be some engineering professional working under registered engineers without
registering own names.

The government recognition and the legal status of the performance of any engineer will be only
when the engineer supply the work with his name, registration number and rank of his/her position
in the organization.

4.9 Liability and Negligence

Liabili9ty is a troublesome responsibility. It is a legal binding, or an obligation. In engineering
engineers while performing their duties may create liabilities because of their doings. Engineers are
active actors in the society to raise the life of people by creating facilities and services. When
enough attentions towards all likely to be affected parties are not paid, liabilities are likely to occur.
Liabilities occur because of negligence in performance. The liabilities that most engineers face are
tort liabilities. There is an organization liability, which is understood as vicarious liability.


Tort liability:-

Sometimes while performing engineering duties, engineers happen to harm or damage to other
unconcerned, non-related person or property. The engineers perform jobs more attentively towards
their clients or organizations, but even doing so, they happen to cause damages or harms to those
who are not related to the jobs at all. That happens because of unnecessary incidental negligence in
doing jobs. Incidental negligence seeks compensation for the damages. That kind of negligence that
harms unrelated person or property and seeks compensation is a tort liability.

Therefore, engineers are likely to come across tort liability cases many times. A tort is an injury
to another person or to property, which can be compensated under the law. To give rise to a legal
claim in tort an act must satisfy four elements as follows:-

1. There must be a legal duty of care to another person,
2. There must be breach of that duty,
3. The claimant must have suffered damages, and
4. The damages must have been proximately caused by the breach of the duty.

The gross negligence which really connotes recklessness, disregard for the rights of others,
represent the conscious failure to exercise diligence in an effort to prevent an injury, which the
situation indicates is very likely to occur in the absence of special precaution.

Contributory negligence is the negligence on the plaintiffs own part, which contributes to injury, or
harm of which s/he has complained of and it will bar recovery of the negligence therefore
interposing a plea of contributory negligence will avail the defendant nothing even if his/her
negligence was of the gross variety.

The standard of care is a concept of a normally prudent man developed by common law over a
period of many years, will be applied to the defendants behavior to see if it confirms to a standard
of reasonableness in the light of the apparent risk. The standard of care assumes the following:-

a. A normal intellectual capacity , memory ability and the like,
b. Minimum knowledge, skill and experience as is deemed common to nearly everyone,

c. Considers whatever additional or superior knowledge, skill and experience the particular
defendant possesses.
d. The alleged tort-feasers own physical trait handicapped etc.

Torts, which are usually intentional:

Torts, which are intentional, are the ones committed knowingly its outcomes. There are many
different intentional torts in nature but a few of them are given here:-

1. Fraudulent misinterpretation
2. Defamation,
3. Right of privacy,


4. Malicious Prosecution.

1. Fraudulent misinterpretations:

In this intentional tort, the plaintiff must prove that:
a. Defendant has made a false material statement of the fact,

b. The defendant either should a reckless disregard for the truth or know that what he advanced as
true was usually false,
c. The defendant intended to induce reliance by plaintiff,
d. The plaintiff did with justification rely upon the accuracy of the statement,
e. The plaintiff was damaged in consequence of such reliance.

2. Defamation:

A statement is defamatory if its nature tendency is to subject the victim to ridicule, contempt, hatred
or the like. The court decides whether an odious interpretation could reasonably be drawn from the
questioned statement, and the jurys function is to determine whether the statement was actually
understood in the harmful way alleged by the complainant. The defamatory meaning of the wording
used may be obvious or may arise in the light of the surroundings circumstances, which later the
plaintiff would have to show. It must be proved that defendant to some third person communicated
the alleged wrongful remarks.

Defamation is traditionally divided into a. slander, b. libel. Slander is oral defamation published
without legal excuse, while libel takes the form of written statement, picture, images etc. All true
libel is actionable per se; that is the law will infer that third person have read objective remarks and
that damages has been done to plaintiffs reputation. In most slander cases, the plaintiff must make
a showing of actual damages.

3. Right of privacy:

A persons life history, name, and likeness constitute the physical indicia of his individual
existence; those things are in a sense property right and will be protected against unprivileged
invasion, particularly when commercial aspects actuate the violator.

4. Malicious Prosecution:

By means of an action for malicious prosecution, a person may receiver for harm done to his
reputation, behavior etc. as a result of an unsuccessful criminal proceeding against him maliciously
and without probable cause.

Vicarious Liability:

Vicarious Liability means that employers such as hospital are responsible for the acts of their
employees if the acts are within the scope of employment. An employer is responsible for the acts
of his/her employee as long as the employees acts within the persons job description.


The rational for vicarious liability are that the employees actions are part of the hospitals business.
Thus in effect are the hospitals actions: any action by the employee is done at the employers
instruction, and the employer is in a better financial position to pay legal damages.

However, employees are also responsible for their acts. Professional regulatory bodies may take
away the abilities to practice. Health care workers may be sued in civil cases. As well, the state may
lay criminal charges against a worker in cases of gross negligence resulting serious harm.

4.10 Business and labor law

All the activities that the people do can be classified into two:-
a. Economic affairs and
b. Non-economic affairs.

The affairs that are service oriented and non-profit are considered non-economic affairs, where as
the affairs that aim earning profits are economic affairs. Therefore, business profession and daily
wages are all economics affairs.

In general, business means earning profit from doings. Business may be defined as human activity
directed toward producing or acquiring wealth through buying and selling.
-L.H.
Henry

a. Economic objectives, (business needs to run not only for earning profit, but also to survive in
the competitive market. So, business seeks or innovate new ideas or tactics of business.)

b. Social objectives, (Business needs people to run it. Business has to address society and their
needs so that business flourishes.)

c. Human objectives, (all baseness run through people, and if people are unattended, it may be
collapsed. Training, seminar, education, motivation are some of the business.)

d. Organic objective and (Business needs to save its existence or needs to grow and expand to
avail services)

e. National objectives (Business needs to serve national interest so that if the nation prospers, the
business automatically flourishes.)

Business grows along the development of human beings. In the beginning, business was simply
sole concern or one man run business. A single person faces unlimited liabilities, difficulties in
individual management and control, with limited operation, individual risk etc initiated partnership
business, in which risks and liabilities are shared.

In partnership business, there involves two or more than two partners with mutual agreement. They
share profits, risks and management and control. But the partnership business felt absence of
separate entity, and restriction in the transfer of interest.

To overcome the limits of the partnership business, a joint stock company business occurred. It is
an artificial person, has separate entity in the eyes of the law, has limited liabilities, capital is
divided into shares, transferability of share, members at least 7 and representative management
system has been introduced.


Public enterprises mean state ownership and operation of industrial, agricultural, financial and
commercial undertakings. In such enterprise, engineers can only use as their engineering
professional practice fields. They are financially autonomous and legally distinct entities or partly
owned by government.

Cooperative organizations are the one that collects capital from many people and run the business.
When the capital is weak, many people involve in raising funds to run the business. It has been a
very successful business in developing countries in various sectors.

The government of Nepal has implemented Company Ain 2021, though which people can start
business. It has the following characteristics:-

7. (1) According to this Ain, the established company will be a non-ending successor
organization, and the company will have a separate seal for doing business.

7.(2) The company shall acts as an individual to buying tangible and intangible property,
mortgage or give as a gift, and if anybody or any company wish to writ against any
member of the company, it can be done so through the companys name.

7. (a) According to this Ain, the company shall not open partnership or private firms.

47. Member as far as possible be present in the general body meeting:

All the members as far as possible shall be present in every general body meeting. If the
agenda of the meeting is concerned to finance or by any reason if an auditor ha to be
present in the meeting, at least an auditors presence is necessary.

48. Legacy of the Meeting:

All the shareholders present in the meeting shall confirm that the call of the General Body
Meeting is legal or not, prior to the start of the meeting and in that case even if the call of
the meeting is not legal and if the presence of members satisfies the minimum members as
per article 51 for agreeing the meeting the calling of GB meeting shall be considered as of
legal.

49. Conditions prohibit participation and voting in the meeting:

1. A member or his/her representative shall be prohibited from participating and voting in
the meeting if the issue is conditional restriction between him/her and the company.
But s/he shall be provided an opportunity only clarify issues concerning him/her in the
meeting.

2. Anybody who is a member of executive body, managing agent or shareholder or
representative shall not be participate in the discussion of his/her appointment in the
company, release from the post, transfer or not to, proving or deducting bonus or any
agreement that has his/her selfishness, contract or procurement of contract.


66. Inability to be appointed or having any executive position

1. The following person cannot be member of an executive body:-

a. Less than 21 years of age,
b. Mentally ill or mad,
c. Bankrupted,

d. Involve in any theft or fraudulent, misuse of wealth under his/her responsibility
and the court has proved for punishment,
e. Showing any elfishness in any contract or agreement of the company.

2. In the following condition, any person will not remain in the executive position:-

a. In case not qualified according to Clause 1 above,

b. Being absent without informing executive committee for continuous three times,

c. Without obeying continuously to concerned department or executive committee,

d. Passing by two third majority of the general body meeting to remove from the
executive committee,
e. Accepting the resignation forwarded by him/her,

f. Proved by the court as disobeying in the activities of the company or selfish motto.
g. Any activity that compel to withdraw from the executive committee by this Ain.

69. Duties and responsibilities of the executive committee

(1) The committee shall manage companys all activities; execute rights and duties under
the Rules of the Ain and the decisions passed by the GB meetings from time to time.

(2) The executive committee will appoint necessary personal for executing the companys
activities, but in the case of public company, if any executive members close relative
has to be appointed in the company, the appointment must be approved by the General
Bodys meeting and accepted by the concerned department,

(3) None of the members of the executive committee shall not de any activity that is
beneficial to him/her without any decision and acceptance of the General Bodys
meeting and the concerned department respectively,

70. Executive Committees meeting

(2) Executive members shall be present in the meeting of executive committee. Any
representative of any executive member shall not be valid.


72. Responsibilities of the executive members:

Any executive member of the company knowingly or unknowingly or carelessly does
harmful acts or orders others to do harmful acts, such harm or loss shall be fulfilled from
every members properties in equal proportion. If any part from any members property can
be fulfilled, such remaining shall be fulfilled from other members property in equal
proportion. And if all harms cannot be fulfilled, the same shall be continued till all harms
are fulfilled from all members.

But any member who has disagreed for doing such acts in writing or those who did not
know that the acts are going to be harm shall not need to bear the fulfillments.

Labor law:

Labor Act 2048 of HMG/N states that employees must be selected and appointed under section
3.4 of the Act as under:-
1. Required to advertise vacant positions and apply selection procedure,

2. Appointment letter with terms and conditions of employment- to be notify labor office,
3. The process applies to the contract workers and piece rate contracts,

4. Non-Nepalese are not allowed to employ- but they may engage with special permission
from the labor department,

5. Nepalese workers are to be trained and non-Nepali workers need to be replaced
gradually,

Labor or employees are recruited and appointed in the following procedures:

Acquisition:

Hiring of the labor force required for any organizatio0n. It follows the following procedure:-

1. Children are not allowed to work as per article 5.1 of the labor Law.

2. Labors are not allowed to transfer to the similar job in the company.

3. Ownership change of the company does not affect the employees service and service
condition according to Article 8.

4. Protection of service: Employees/workers cannot be terminated without fulfillment the
procedure stated in the labor act or regulation Article 10.

5. Temporary Layoff is permitted with half salary according to article 11.

6. Forced retirement at the age of 55 years is it can be extended for another 5 years, if the
company needs to do.


Condition of work (Section 3, Article 16-20)

1. Working hours per day is 8 hours or 48 hours of week according to the article 16.

2. The starting time of any work shall be decided by the management of the company
according to article 17.

3. The law has provision for rest and Tiffin time for all labors after every 5 hours of
continuous work and then half an hour break for Tiffin and rest according to article 18.

4. The law also provision for over time and has to paid 1,5 times more wage but the
overtime is not a compulsion.

5. The law states that company requires to keep attendance record according to article 20.

Compensation (Wage- Section 4, Article 21-26)

1. Minimum wage, dearness allowance benefits to be set by a minimum wage setting
committee(employee, HMG, management representative in equal number)(21)-
minimum wage information to be published in the gazette
2. Provision for annual increment- half a day wage
3. Payment of salary wage in time- managements responsibility (Article 22 -23)
4. No pay cut except in the following conditions(24)

Conditions for pay cut (Article 24)

1. Imposed fine, pay cut for being absent
2. To cover the loss of the firm due to the negligence of the employee
3. For the benefit being provided
4. Excess payment
5. Medical benefit coverage during suspension
6. ]pay cut from the order of the court, govt. office
7. Tax deduction

Health and security provisions Section 5
1. Clean working environment (article 27 ka)

2. Enough air and light at the work place, proper waste disposal system, protection from
air and noise pollution, adequate working space (15 cum working space), safe drinking
water, modern toilet facility at convenient place for both male and female employees,
fire exit and extinguishes, smoke free environment, health check up each year.


Health and security provisions

1. Eye protection- use of protection devices (28)
2. Protection from chemicals(29)
3. Protection from fire (30)
4. Protection from dangerous machine (31)
5. Lifting weight specified maximum weight (32)
6. Protection arrangement for workers who work in pressure plants.
7. Labor depart can order firms to apply safely measures

Employee welfare

1. Provision for employee welfare fund (37) section 6
2. Compensation for injury or loss of body part
3. Gratuity, provident fund, medical expenses(39)

4. Leave public holidays, study leave, home leave, maternity leave, mourning leave,
special leave

5. Housing arrangement (5% of the annual profit to be used for gradual development of
housing facility)
6. Childcare provision (if more than 50 women employees)
7. Rest rooms and canteens (if more than 50 employees are working)

Disciplining (section 8)

1. Types of punishment:
Warning, stopping annual increase, expulsion

2. Bad manners (Acharan) physical attacks, terrors, destroying property, theft, misuse of
resources, more than 30 days absence without notice, bribes . (Article 51)
3. Clarification after having proof or evidence
4. Labor department can dismiss the employees
5. Managers or proprietors to be punished (55)
6. Employees may appeal to the court within 35 days

Resolving labor disputes

1. Provision for labour court (72)
2. Personal claim or complain
o To management, if not resolved

o To labour office to be resolved within 15 dakys, if not then by labout offices chief
within 7 days
o If the decision is not acceptable, employee may file the case to the labor court.

Process for collective bargaining

1. Claim or demand to be signed by 51% of the employees/workers and to be submitted
to the management, (article 74)
2. Negotiation between the representatives of two parties agreement within 21 days


3. If not resolved negotiation in the presence of labor office

4. If not resolved negotiation (individual or committee) to be appointed and conflicts to
be resolved within 15 days.

5. If the decision of the negotiation is not acceptable, parties may appeal to the HMGN
within 35 days

6. If decision is not made within 60 days, workers may go on strike following the
procedure stated in clause 76

Process to go on strike

1. Required to inform before going on strike (76) with demand (proposal) approved by
60% of the employees. Written information 30 in advance to the management, labor
office, local administrator

2. If the above procedure is not followed, the management may close the operation by
receiving the permission from the government.

3. If the laws have restricted employees of some enterprises of public importance,
employees cannot go on strike.

Collective bargaining

1. The outcome of the collective bargaining agreed and signed by the both parties, should
be considered as law for the concerned parties

2. The signed contract shall be effective from the date of registration in the office or from
the specified date.

3. Concerned parties may report the labor office if the signed agreement is not followed
labor office may implement the collective agreement following due process.

4. HMG can order to stop strikes in unusual circumstances

4.11 Personnel and Financial regulation, Tippani system

The difference in the performances among the organization is because of the personnel
employed and maintained in there, others such as equipment, plants and materials required for
various levels of work are the same as specified for the work. This indicates to load more emphasis
on the people employed in the organization. But how to acquire the most appropriate personnel for
the jobs identified is the problem.

In Nepal, the jobs that have to be done is described in a job description, although most of the offices
and post do not have job description as such. This is so happened because the acquiring people in
an organization used to be through relatives alone. The employed person used to learn all tricks and
trade of the job later and accordingly used to be promoted. Recruiting and selecting was not a
systematic and scientific.

Now, the government of Nepal, especially where in public concern are involved, the labor law does
not allow randomly to hire people for any post and jobs. A kind of consensus from superiors needs
to be collective and justified in a document, which is known as Tippani in Nepal.

The administrative assistant is generally asked to raise a file as a tippani file for a work to start in a
near future. s/he makes a background for raising tippani for the position for creation on the


basis of rules and regulations under which the organization is functioning. The administrative
assistant sends the tippani to the head of the organization. The head seeks official and legal
suggestions and advice from his/her official experts and subordinates as well, generally in relation
to finance, expertise and specific purpose. The tippani sometimes dealt as informative agent to
other officials seeking their views.

In tippani, the section head that needs people to work under him makes a list of the jobs that the
new appointee has to do. At the same time, s/he makes requirements in the applicant with a
background of the work, need of skill and knowledge or qualification to do the job, number of
people, age, experience, gender, place of work, level of the post etc. the section makes a brief note
and submits to his/her immediate superior asking to recommend the same for further action an place
his/her signature and date at the bottom of the notes.

Sometimes, the section head as s/he requires working people under him/her, will raise an issue of
needs through a letter to the head of the organization. If the head finds it necessary, he will ask
his/her administrative assistant to raise a tippani file for the same to be fulfilled.

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.

Starting just below the signature, the person who is going to give suggestions, starts writing
comments justifying necessary or not necessary and submits the file. To whom the tippani need to
be processed.

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, irrigation etc

Norms are the standards prepared for rate analysis by HMG of Nepal. It gives task of each
individual manpower and machine per hour or per day. Also it gives materials required per unit of
work. Recent and local rates of manpower, materials and machines wherever in the country of
Nepal, are obtained. The rates of materials and manpower or machines are obtained at the


place of their uses. Thus this includes transportation, handling, storage and loading and unloading
etc. the amount thus obtained is added with 15% of it as profit and overhead charges. The total thus
obtained is added up with VAT by 10% to get the rate of unit assumed.

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 so because there are always
chances of playing various quantities of materials, manpower or machine and earns more money by
illegal ways.

The CIAA or arbitration seeks the basis of rate analysis and the legal basis is the norms. Anybody
adopting other ways of establishing rates can be sued and or be rejected if it is in the beginning.
Engineers adopt the norms in all ministries without any doubt. The engineers consultants,
contractors all need to use the norms to eliminate corruptions by increasing quantities for making
additional money.

4.13 Duties, responsibilities, authorities and power delegation system

An engineer is one whose occupation entails the utilization of expertise in the formation of design,
detailed plans and specification of a facility or services or supply for use by contractors, and
supervisors. In supervisory capacity, the engineer is supposed to guard against substandard
workmanship and prevent materials deviated from plans and specifications.

The following professional services by an engineer shall expertise as his/her duties and responsibilities
and obligation

1. Participating in necessary conferences and preliminary studies.
2. Preparing design, drawing and specifications,
3. Assisting in drafting of forms of proposal and contracts,
4. Preparing cost estimates,
5. Obtaining bids from contractors/suppliers,
6. Letting contracts with the owners written approval,
7. Inspecting the contractors works on regular basis, including checking of shop drawings,
8. Interpreting for the contractors the meaning of the drawing and specification,

9. Ordering the correction/removal of all woks and materials not strict conformity with the
specification,
10. Keeping accurate books and records/documents,
11. Issuing certificate of payments,
12. Determination of substantial completion,
13. Time extension.

Engineers duty to owner/employer:-

1. Fraudulent issuance of a payment certificate will subject the wrongdoer to liability for all resulting
damages,

2. An engineer renders him/herself liable to his/her employer where s/he breaches duties to exercise
the requisites care and expertise-

a. Preparing defective plans (on advice for poor design and plans, code of practice, city building
ordinances etc),


b. Delaying construction by tardy completion plans,
c. Significantly under estimating costs or
d. Specifying inferior materials.

Liability to third party

Liability to outsiders lawfully on the premises for injuries the proximate couse of which is vthe
defendants negligence in preparing defective plans or otherwise malfunctioning in connection with
the erection of an unsound structure constituting a hazard to the publ;ic at large or some segment
thereof, or

Architects failure to exercise the ordinary skill of his profession expose him/her to damages claims
brought by the third person- perhaps employees of the contractor, business visitors to the property
or passersby where there is a direct causal connecti0on between the negligence performance of
duty, be it planning or be it supervisory in nature, and the forcible harm suffered by plaintiff.

Engineers power delegation in not an easy and trustee job. The field of engineers liability has
been explained above. Other authorities such as administrative or managerial, delegations are
normal as in administration. The head may delegate his/her power to his/her able subordinate in
written to clear the daily works. But the subordinate that has been delegated the authorities must be
capable and expertise in the sector of being power delegated. The person who has been power
delegated should not involve n financial and legal matters. s/he shall only be power delegated for
the continuation of daily works for not exceeding a fortnight.

Whenever power delegation on his/her absence for not exceeding ad fortnight should be in written
paper and c/c to finance and store offices for their information. The person being power delegation
must continue daily routine works but whenever financial or other crucial works come across, s/he
shall keep pending till the real authority holding person comes to the office.

4.14 Relationship to foreign firms works in Nepal

The foreign firms working in Nepal are usually as in the form of consultation. They came here in
Nepal for their specific specialties. The foreign forms have come to identify projects. In the
beginning, Nepal had not enough technical manpower with required level of expertise. Therefore,
foreign firms have come to Nepal in many sectors.

In the start foreign democracy American experts have come to Nepal to advice in formulating
Nepalese education system. American experts have set Nepals educational objectives in the
beginning Dr. Hugh B. Wood (1956 AD), writes in Education in Nepal that he was invited to
discuss educational problems and possibilities by the officials of Education Ministry of His
Majesty Government of Nepal in 1953 A.D. He was asked to study the then present educational
situation and recommend a project for the development of national education system in Nepal. He
decided to work at top level as an advisor to the Nepal national Education Commission.

Similarly the government of Nepal has approached the government of Federal Republic of
Germany to assist in the utilization of the countrys water resource potentials for hydropower


generations, irrigation development and water supply. The following projects have been listed by
HMG/N for further investigation:
i. Bagmati and Kamala High dam Multipurpose Projects
ii. Marsyandi Hydroelectric Project
iii. Koshi River Development Study

The Federal Ministry of Economic Coopeation (BMZ) as an concerned Ministry of the government
of the FRG has entrusted the German Agency for technical Cooperation Ltd. (GTZ) to delegate a
mission for projects identification to Nepal consisting of 4 to 5 highly qualified experts as

iv. Hydraulic/water resource engineer
v. Engineering geologist
vi. Energy-resource-management specialist
vii. Additional specialist if required

From June 19 to 30 Mr. H.D. Doescher, Hydraulic Engineer visited Kathmandu for preparatory
mission and during the first week of August 1977, the German Mission for water resource
development in Nepal arrived in Kathmandu.

The department of Meteorology and Hydrology of the ministry of food, agriculture and irrigation
will be mainly involved during the preparatory phase of these projects.

The mission frequently visited the three departments to collect data and information. The electricity
department (ED), and irrigation department (ID) were cooperating with the mission in providing
local transport and housing during the field trips and members of their site inspection. (The Federal
Republic of Germany (GTZ) Final report Nov. 1977.p.III).

Therefore, the relationship to foreign firms to Nepal depends upon the mission they have been in
Nepal. The firms, visited Nepal on the request of the government, receive governmental attentions
as the German Mission got. The government of Nepal has to look after their visits to site, transport,
stay, and information collection. They need to be escorted at all activities for providing necessary
information an at the same time safeguarding national interest information as well.

Coordination with other agencies (From PWD)

Coordination with other agencies and projects stakeholders is prerequisite for the success of a project.
It is necessary to secure teamwork and cooperation by preventing conflicts among the agencies.
Conflicts arise because of ignorance of other agencies. There may be of two types of coordination

1. Internal within the projects office, and
2. External coordination

But the focus is on external agencies coordination. During project preparation and implementation
stages the cooperation of several line agencies working at the project level is needed. The following are
some of the external offices that a project needs to cooperate


a. Other sector agencies,
b. District administrative office,
c. District treasury controller,
d. Local bodies
e. Coordination committees

1. Other sector agencies

There are various other sectors that the project needs to cooperate during its implementation. Some of
the important other sector offices are
a. District forest office, and
b. District land and revenue office

District forest office:

The forests are protected by the forest Act 2049 and Forest regulation 2051. The district forest office is
responsible to

o Ensure clearance of forest areas on time required for projects,
o Ensure the conservation of the forest, wildlife and natural management

o Ensure availability of natural endowments such as stone, gravel, lime and timber
required from the forest areas,

o Ensure availability of the land for the resettlement of persons displaced by the
projects

o Ensure availability of seed, seedlings and plants for the right way of the project and
in some specific environmentally sensitive areas,

o Ensure access through forest areas for the transportation of goods, commodities
and other requirements for the project.

District Land and Revenue Office:

The role of the land and Revenue Office and District Administration Office on land acquisition aspects
is regulated by the land Acquisition act 2034 and corresponding regulations. They have responsibilities
to

o Ensure cooperation for land acquisition, compensation, land registration, land
measurement and mapping.

o Ensure revenue settlement and resolution of landlessness and squatting problems
caused by the project

o Locate government fallow land for resettlement of persons displaced by the
projects.

2. District Administrative Office (DAO)

There are several activities where the project needs the help of the district Administrative Office
as follows: -


Maintenance of law and order in the project areas,

Clearance of villagers or any establishments which may hinder the projects activities or
prevent access to the project site,
Protection of the local population from potentially hazardous project activities

Protection of blasting materials required for project, its transportation to the project site,
and its use,

Obtaining the cooperation of the police and other security agencies needed for project
activities

Property acquisition for the project or leasing of areas for the contactors worksite or haul
routes,

Ensuring easy availability of goods such as petroleum products and other commodities
needed for the projects,

Fixation of wage rates of laborers, skilled and semiskilled workers and house rent through
rates fixation committees.

3. District Treasury Comptroller Office

The District Treasury Comptroller Office has a vital role in project financing administration. The
project cannot disburse amounts in time without its coordination. Coordination with DTCO has the
following objectives

Ensures trimester release of budget as appropriated,

Ensure release of the budget quickly from MOF or the concerned departments,

Ensure the deposit of the unspent amount in the consolidated fund at the close of the fiscal
year,

Conducts an internal audit of the accounts of appropriation, revenue and deposits of the
project office,
Deposits the balance of amounts received that exceed the limit fixed by FCGO.

Maintains and clears the record of audit discrepancies indicated by auditors,

Repayment of deposits to the depositors

Training to the accountants working in project office,

Release imprested amount receiving the project budget to run daily office operation and
makes reimbursement expenditure of the month,
Resolve problems concerning financial administration in the office

4. Local Bodies

A project can only be successful if it responds to the peoples needs and interest and involves them
actively in the project identification through implementation. Peoples interests are reflected by their
representatives in local bodies such as VDCs /DDCs and municipalities. The cooperation of such local
bodies in the following areas is essential

Collect information for the identification of the projects

Obtain DDC approval for the identification of the projects

Access to the database of the district Development Information Center established by
DDC,


Mobilize people needed for project implementation

Obtain accurate information on the implementation of the project and identify the reason
for any resistance from the people,
Measure the change resulting from activities or inputs of the project in a particular area,

Ensure cooperation of the people to obtain land, site clearance and other logistics such as
houses or shelter required for the projects

Obtain natural endowments such as lime, sand, gravel and timber needed for the project
and its easy transport to project site,

Obtain cooperation for the safety of project employees, contractors and the tools and
machines to be used,

Obtain cooperation from the availability of food stuffs required for project employees and
workers working in the area,
Mobilize users committees, supervision of their work and get work done through them,

Ensure registration of the competent D class contractors, users committees or community
based organization.
Ensure the taking over the completed project by local bodies, users committees of

community based organization and its operation and maintenance by them through user
charges or other fees.

The activities of local bodies are governed by Local Self-Governance Act 2055, Local Self-
Governance Regulation 2056 and Local Body Finance Administration Regulation 2056.

Coordinate committees

The project has to ensure cooperation and coordination from different agencies for Committee
comprising the institutional head of different agencies who are related to project works is
constituted as an inbuilt system for the project. This will facilitate the project work as well as will
ensure the corporation and coordinate for the project. Normally DDC chairman should chair such
coordination committee and the CDO should be vice chairman and the project in-charge should be
secretary cum member of the committee. One coordinate committee is sufficient in the district.
Simply the secretary should be the concerned project I-charge who needs to have such co ordination
mechanism.

Principal Agencies where Project Coordination is Required

Government Agencies Responsibilities

1. National Planning Commission Formulation of national policies,
Preparation of 5 years plan
2. Ministry Of Physical Planning And Works National roads and bridges
Water supply and sanitation,
Urban development
3. Ministry Of Land Reform And Land acquisition, compensation,
Management Land registration,
Land measurement and mapping,
Resolution of landlessness and squatting
4. Ministry Of Home Affairs Conflicts resolution and social security
5. Ministry Of Law, Justice And Parliamentary Legal consultation and conflict resolution


Affairs

6. Ministry Of Population And Environment Environment policy
Pollution control
Migration policy
Review of NGO and INGO activities
regarding any development activity

7. Ministry Of Women, Children And Social Social welfare activities related to women
Welfare children, disabled and other vulnerable
groups

8. Ministry Of Finance Budget approval
Financial administration
9. Ministry Of Water Resource Hydropower policy
Irrigation management
Flood control and river training
10. Ministry Of Forest And Soil Conservation Watershed management
Forest and wildlife conservation
Natural environment conservation
National parks and royal herbariums
11. Ministry Of Culture, Tourism And Civil Conservation of cultural heritage
Aviation Archeological studies
Protection and conservation of various
ethnic groups culture and literature
Management of transport and airports
12. Ministry Of Labor And Transport Information on labor force and markets
Management Policy on employment and trade unions
Social security
13. Ministry Of Local Development Rural and remote area development
Local water supply, sewerage and
sanitation
Local roads including agriculture roads,
mule tracks and suspension bridge

14. Ministry Of Industries, Commerce And Geological and mining information
Supplies

15. Ministry Of Science And Technology Metrology

Note: the responsibility of the ministries shown above are subject to change by HMG/N in which case the
new responsibilities will be applicable accordingly.

Legal issues


Intellectual property was not always recognized as a single field of law. Historically, the fields of patent,
and trademark developed independently. In the late 20
th
century, however, legal experts began to recognize
that these various fields of law have a great deal in common because they all pertain to intangible products
of the mind. Nevertheless, an attorney will often specialize in only one area of intellectual property, such as
patent law, and the legal rules for the different branches or intellectual property law vary greatly.

In all branches of intellectual property, the legal system seeks to balance two competing concerns. On the
one hand, protection must be strong enough to encourage authors and inventors to invest the necessary
effort in innovation. On the other hand, the law must also allow people some freedom to use the intellectual
property of others. This is because artistic, technological and commercial progress always requires building
on the work of others. To strike the balance all branches of intellectual property law confer general rights on
creators but also limit those rights with a variety of exceptions. For examples, in patent law, a scientist may
use someone else invention to conduct experiments. Similarly, copyright law allows a literary critic to quote
passages of a novel in a review. Under trademark law, a company may use a competitors brand name in a
comparative advertisement. In all these ways, intellectual property law tries to be flexible enough to protect
the property rights of the creator while also allowing the public to benefit from the protected work.

In the US and other countries, intellectual property has gained increased protection with advances in
technology and international trade. However, some countries tolerate the widespread sale of counterfeit
versions of intellectual property products, such as software, movies on videotape, brand name athletic
goods, and even patented medicines. Violations of intellectual property rights costs the owners of the rights
billions of dollars each year. These costs stem from lost royalties and sales in the markets dominated by
counterfeit products. In an attempt to reverse this situation, most nations of the world signed the Agreement
on Trade Related Aspects of intellectual Property Rights (TRIPS) in 1994. Administered by the World
Trade Organization (WTO), TRIPS strengthened legal protection for intellectual property around the world.
The US has also attempted to negotiate direct agreements with countries such as China, where
counterfeiting has been particularly extensive.

Computer based communication presents exceptional challenges for intellectual property law. For example
intangible work such as text, music, and pictures can be copied more easily and cheaper than ever when it is
posted on the internet. US government has conducted studies to decide what changes might be
necessary to protect new forms of intellectual property, but it has not yet decided which changes to
adopt into law.

HISTORY OF INTELLECTUAL PROPERTY LAW

Some forms of intellectual property, such as trademarks, date to ancient times. But comprehensive
legal protection for intellectual property did not become common until the 18
th
century. The
American colonies had laws granting patents long before the outbreak of the American Revolution
in 1775. Soon after the revolution, all but one of the 13 original colonies adopted copyright laws.


When the Constitution of the United States was ratified in 1789, it granted the US Congress the
authority to promote the progress of science and u seful arts, by securing for limited times, to
authors and inventors, the exclusive right to their respective writings and discoveries. Under this
power, Congress adopted both patent and copyright laws in 1790, one of its first acts. Congress
has amended the intellectual property statutes frequently since then in response to changes in
technology and economics. There are committees in both houses of Congress that have the
responsibility of keeping intellectual property laws up to date.

International protection of intellectual property rights was first addressed in treaties beginning in
the late 19
th
century. For example, the Berne Convention of 1886 protected artistic and literary
works among member countries. Since then, many international treaties have addressed
intellectual property rights. The World Intellectual Property Organization (WIPO), based in
Geneva, Switzerland, administers some of these treaties.

Contributed by:

Roger E. Schechter

Microsoft Encarta Encyclopedia 2002. 1993-2001 Microsoft Corporation.

Trademark

INTRODUCTION

Trademark, any word or symbol used by manufacturers or sellers to identify their goods and
distinguish them from the goods of others. Trademarks help consumers to identify goods they have
used and enjoyed in the past. Trademarks also allow consumers to avoid goods and services that
dislike. Examples of well-known trademarks include Coca-Cola for soft drinks, Kodak for film,
Nike for footwear, and Microsoft for software.

Most countries of the world legally protect trademarks. Trademark law is one branch of the larger
legal field known as intellectual property, which also includes copyright and patent law. Because
consumers often continue to buy products they trust, well-known trademarks can be extremely
valuable. For example, experts in trademark law estimate that the value of the Coca-Cola
trademark is more than $30 billion.

HISTORY

Throughout history, makers of goods have put their names or other marks on things they produced.
Items such as medieval swords and ancient Chinese pottery were marked with


identifiable symbols so buyers could trace their origin and determine their quality. Before the 20
th

century, trademarks were usually symbols or pictures rather than words, since many people in the
world could not read. Formal legal disputes over trademarks arose as far back as the early 17
th

century in England.

As trade increased in the 19
th
century, many countries adopted laws recognizing the legal rights of
trademark owners. These laws prohibited other sellers from using similar marks that might
confuse the public about the source of a product. Congress passed the federal trademark law in the
United States in 1870, and has made revisions in the law since then. The current US trademark
statute, the Lanham Act, was enacted in 1946. The first international agreement dealing with
trademark law was a treaty known as the Paris Convention. Adopted in 1883, it required members
to recognize the trademark rights of foreign producers. Most nations of the world are members of
the Paris Convention. In 1994, most countries singed another significant treaty dealing with
international trademark law. This agreement, called the Agreement on Trade Related Aspects of
Intellectual Property Rights (TRIPS), strengthened legal protections for trademarks around the
world.
U.S. TRADEMARK LAW

American companies can have trademark rights under both state and federal law. Under state law,
the first firm to use a particular mark is the legal owner of that mark. A trademark owner can gain
valuable additional rights by registering his trademark under the federal Lanham Act. To be
eligible for federal registration the mark must be used in interstate or foreign commerce. It also
must not fall into certain forbidden categories listed in the Lanham Act. For example, it is
forbidden to use the flag of a foreign country or the name of a living person without that persons
permission. Additionally, inaccurate geographic terms cant be used as trademarks, such as Idaho
for potatoes grown in Maine. Most importantly, the general name for a type of product cant a
trademark. Every maker of that product must be free to use that word. For example, Sony is a
well-known trademark for televisions and radios, but no one can have trademark rights to the
words television or radio.

The Lanham Act is administered by the US Patent and Trademark Office (PTO), a division of the
Department of Commerce. The PTO will not grant registration for a trademark until it has actually
been used to identify a product. A firm may, however, begin the registration process before use by
declaring that is has a good faith intent to use the mark in the future. In contrast, many other
countries will register a mark before actual use, although they often require use within several
years after registration. The PTO will also deny registration of a trademark if the mark is similar to
one that someone else has previously registered or used in the United States.

After conducting its own examination of proposed trademarks, the PTO publishes these
trademarks in a magazine called the Official Gazette. This permits members of the public to object
if they think the trademark should not be registered. Only federally registered trademarks may use
the registered trademark symbol, . Trademark registration lasts for ten years but may be renewed
indefinitely if the mark is still used.

The owner of a trademark may permit others to use it by granting them a license. Many franchise
businesses, such as gas stations and fast food restaurants, involve trademark licensing. The


owner of the trademark must supervise the licenses to make sure they provide a consistent type
and quality of goods or services. Failure to supervise can result in loss of rights to the trademark.

Sometimes the public stops thinking of a trademark as a brand name and begins to think of it
merely as a general category of goods. The trademark owner has a responsibility to make sure this
doesnt happen. If the trademark owner fails in this task, it will lose its legal rights to the word or
symbol because the source of the goods can no longer be easily identified. Exerts in trademark law
declare that such a mark has become generic. Examples of words that use to be trademarks but
are now generic include escalator, aspirin, cellophane, and thermos. Companies that own popular
trademarks like Xerox, Kleenex, and Band-Aid spend a great deal of money to make sure the
public understands that these are brand names and not generic words.

This law prohibits the use of a trademark belonging to someone else in a way that might confuse
the public. Anyone who does this is considered an infringer. The owner of the mark may sue the
infringer and its entitled to an injunction forbidding the infringer from continuing to use the mark.
In certain cases, the trademark owner may also be entitled to an award of monetary damages. Even
if the marks are not identical, or even if they are used on different types of products, a court can
still declare this an infringement if it finds that the public might be confused. Courts look at many
different kinds of evidence to decide if the public might be confused. Relevant factors include
consumer familiarity with the plaintiffs trademark and the intent of the defendant. If a trademark
is considered famous, the owner of that mark may prevent others from using it, even if the public
would not be confused. This is---------------------------------
. For example, in 1963 courts in Illinoisan determined that the mark Polaroid for refrigeration
equipment diluted the trademark Polaroid for cameras.

Trademark

Trademark means a mark that is used by a person for the purpose of distinguishing works
or services, manufactured, sold, leased, hired or performed by him from those manufactured, sold,
leased, hired or performed by others.
A trademark may be registered according to the Trademark Act I connection with works
and services. The registration of a trade mark gives the owner the exclusive right in use the
trademark.
An essential feature of a valid trademark is its distinctness. The trademark distinguishes
goods of one manufacturer from other manufacturers so that it must not deceive public.

Patent rights

The Patent Act defines Patent as an invention of any new and useful art, process,
machine, manufacture or composition of matter, or any new and useful improvement in any art,
process, machine, manufacture or composition of matter.
The invention must be novel and useful. An idea alone is not patent able; the idea or
principle must be reduced to something physical. Therefore, the patent able inventions must have
two characteristics- Utility and Novelty- that result from the application of ingenuity and skill.


Discovery alone that an apparatus, for example, may be altered to produce a new result,
will not quality for a patent; one must show that ingenuity (originality in design) has been applied
to the discovery to produce a novel and useful method or result.
A patent may not be obtained where an application to patent the same invention has
already been filed or the invention has been public use or discussed to the public.

Term of Patent

A term of a patent is 20 years from the date of application for the patent.

The value of a patent is enhanced by virtue of the fact that patent rights can be assigned to
others, provided that the assignments is in writing.

Assignment can be in parts / full or whole or in parts and for such valuable consideration
as may be negotiated with the assignees.

Patent rights may also be licensed, on an exclusive or a nonexclusive basis. Usually royalty
fee is charged based on a percentage of sales of the patented product.

Any assignment of a patent right or grant of exclusive licensing rights must be registered in
the patent office, otherwise it will be void and therefore, unenforceable against a
subsequent assignee or exclusive license who does register.

Infringement of patent

Infringement of patent entitles the owner of the patent to claim for all damages sustained
and any damages sustained by owners licenses by an y reason of the infringement. To recover
damages, a court action may be brought.
Assignment of patent rights by employee engineer.
Generally it is the inventor who is entitled to apply for a patent. An engineer may be
requested, by his / her employer to execute an agreement that assigns to the employer some or all
patent rights to which the engineer might otherwise become entitled.

Copyright

Copyright means the sole right to produce or reproduce the work, or any substantial part thereof in
any materials whatsoever. Copyright does not protect designs applied to useful articles that are
mass-produced. The Copyright Act Nepal, 2022 governs copyrights in Nepal.

Terms of copyrights

Except otherwise expressly provided by the Act, copyright subsists for a term that equals
the life of the author and a period of fifty years after the authors death.

Registration of copyright

The copyright act provides that an author, the authors legal representative or an agent for
the registration of a copyright at copyright office.


Registration is not essential to copyright however, registration of copyright in a work may
assist the owners in obtaining damages may infringement.
The owner of the copyright is entitled to assign the copyright in whole or in part. The
assignment must be in writing for making effective.

Issues

1. According to Nepal SamacharPatra, 2061/03/17, the following issue has risen up- [In
Madya Marsyandi hydroelectricity project, the local people have publicity been
complaining about not employing in the project by the contractor as per contract made.
Three years before the project was initiated. According to contract with the local people,
the contractors have to employ local people (sons of the land) in the project in various
positions. According to the president of Madya Marsyandi coordination and cooperation
committee, the contractors have not employed even 20% of the total workers. The
contractors were informed about the employment contract but no response has been
received till today. On the other hand, the administrative officer states that the
employments have been made according to the contract made.]
Express your comment on the issue.

2. An issue from The Kantipur Daily, 2061/03/24
[Information is the most valuable property today. All able people want information
to receive in time. Presently, in Dailekh in Nepal, the Telephone exchange office started
distributing 500-capacity E-10 B c ordless telephoning system. The CDO office
circulated a notice of prohibition in the use of such cordless telephoning system in the
district. Whereas, in other districts, such systems have been in use without restriction for
long. According to notice, government offices, INGO and NGO offices collected their
cordless sets in the office of the CDO. The area has been suffered from Maoist insurgency
for the last few years.
Discuss the issue on the fundamental rights basis.

Issues

1. A subcontractor dismantled the fixed shuttering and centering work from a building site
and takes away the materials because of not paid his dues for the last six months, from
which main contractor suffers delays in the project finish. The client as per contract
charges delay fee at the rate of Rs. 500 per day.
The main contractor requests the client for consideration on the delay fee with an
application that the payment was not maid because of delay payment from the client.
The client does not know why the bills have not submitted so far. The main contractor says
that the bills have been submitted two months ago to the consultant. The consultant says
that some of the works are substandard and also the responsible person for the work has
been absent for the last 15 days because of illness.
Find the kind of guilty and explain why she/he is guilty for it?


2. A housing company built a housing complex in low land area and sells all the apartments.
For the last 2 years, the rain was not heavy and the tenants had no problems. But last year
the monsoon rain was so heavy that the ground floor was half filled with water for 2 days.
Since the site was identified as low by the government and the land was restricted for
housing purposes, but later the municipality permits constructions for housing with certain
improvement for draining out rainwater but the system did not work and the tenants
suffered.
Explain the case in relation to obligation.
3. A road project was completed and handed over in the last month. Though there was still 6
months liability period, but there occur an accident because of the heap of debris at the
roadside. The victim sued the road department for their negligence in clearing for the
damages occurred.
Discuss the situation, identify the liability and find the exact wrongdoer.
4. A man in desert is dying of thirsty. When you see him, he asks for cold water that is with
you in your bag. If you do not give water, the man is really dying of thirsty and if you give
water it is sure that he will die to cold water stroke. You describe your situation and
decision making whether to give water or not to give water.
5. ABC Company gets a contract of building work in Kathmandu municipality after
dismantling old building. A person requests for the order from the court for stopping the
construction work, as the old building was offered to the municipality only to run offices
till the building exists. Once the building is dismantled, it must be his land as per his
claims.
Now, from the engineering point of view, what do you suggest and clarify mistakes
whereupon.

Case:

An engineering hired by a software company, believes that the companys new software design is safe
under existing standards. However the new software may not meet the new standards that he knows about to
be released- standards that performing more tests could cost both the company and the public significantly.
Issues of conflicting obligations to the company and the general public also arise.

A software company has hired an engineer, who knows about a standard that is released soon in
near future. The company has been developing software, which is compatible with the existing
standard but that is not going to work long because of release of new standard. The new standard
requires more tests and the test cost more. It is known that the new standard costs both the company
and the public significantly.

Step 1

Determine the facts in the situation.

Stakeholder are:-

Software company,

An engineer hired by the software company,

Standard institution.

Step 2

Define the Stakeholders

The hired engineer wants to update the software to meet the new standards. The public needs
cheaper, software to use. The company has to undergo many tests on the software, which costs a lot.
The consequences are the company required more investment and the public has to pay more.

Step 3

Assess the motivations of \stakeholders

If the company does not test the software for the new standards, the software will help low
standards and the sale will be loess. Fewer sales will not be able to collect enough revenue.
Therefore tests for new standards must be made and get recognized as competent software. The cost
that has been invested on testing shall be proportionally distributed at a rate of small portion per
number multiple of software.

The other option in not to test at all. This will not raise the standard of the software in this
competent age. The sale shall be deemed low with existing standard.


Step 4

Formulation alternative solution

The sale of new software with new standards is like a hot cake i.e. immediate sale. The people
pay for the new standardized software, rather than paying existing one. Therefore, it is
appropriate to test the software with new standards, whatever the cost will be. People are usually
reluctant to pay more for new products.

Step 5

Seek additional assistance, as appropriate

Therefore, select the process of testing for new standard, so that the software may be able to
claim new standardized and serve the people with additional standards of performance.

Step 6

Select the best course of action

I would prefer to conduct testing the software for the new standard, to meet and to serve the
people with new standard.

Step 7

Implement the selected solution.


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