Chapter 1: Society and Technology

1.1 Definition, types and essential elements of a society

1.1.1 Society
Society is a large social group sharing the same geographical territory, subjected to the same political authority
and participate in same culture. Human societies are not identical because they are the creation & modifications
of human themselves based on their past experiences whereas the other animal societies are found identical from
one place to another because such animal societies are based upon instinct.
There are many definitions of society and the definition keeps changing, since society is dynamic, and the
importance of different parameters of a society keeps fluctuating. Some definitions of society proposed by
different sociologists are:
a) Schaefer and Lamn: the largest form of human group, which consists of people who share common heritage
and culture. Members of society learn this culture and transmit it to next generation.
b) Ian Robertson: society gives content, direction and meaning to our lives, and we, in turn, in countless ways,
reshape the society that we leave to the next generation. Society is a population that occupies the same
territory, is subject to the same political authority and participates in a common culture.
c) P. Gisbert: a complicated network of social relationships by which every human being is interconnected with
his fellowmen.
d) MacIver and Page: a system of usages and procedures, authority and mutual aid, of many groupings and
divisions, of controls of human behavior and of liberties.
e) Ginsberg: a collection of individuals unified by certain relation or modes of behavior, which mark them off
from others who do not enter into these relations or who differ from them in behavior
f) A.W. Green: the largest group to which any individual belongs
g) John F. Cuber: a group of people who have lived long enough to become organized and to consider
themselves and considered as a unit more or less distinct from other human units.
To be a society, the settlement should meet following criteria:
i. Population: A society has population, whether small or big.
ii. Common territory: The people of a society occupy a common territory.
iii. Government or political authority: The people of a society have a a common government and political
authority.
iv. Common culture and a sense of relationship/membership and committed to group

1.1.2 Essential Elements of a Society

A society has the following essential elements:
a) People & Plurality
A society consists of people of both the sexes i.e. male & female and all the ages i.e. from new born babies to the
old and of different ideas.
b) Stable and dynamic

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Society is relatively stable; the norms, values, and culture are normally stable. Yet, society is dynamic. Some
elements of a society change slowly, and some change rapidly, depending on external and internal factors.
c) Likeness and differences
Members of a society are alike in many aspects. This “alikeness” bonds them, and they seek understanding and
cooperation from each other. A society must have differences in its population’s interest, ages, sexes, opinions,
profession, intellectuality etc. so that the society is complete in itself.
d) Cooperation and interdependence
In human society, co-operation is a must. Otherwise human society would have vanished a long ago. Human must
have a feeling and behavior of cooperation with each other and also a sense of confidence to get help from the
other living in society. In a society people are often dependent to each other from birth to death. For example, a
child is dependent on his/her mother until s/he can feed himself/herself.

1.1.3 Types of society

Based on the knowledge and technology that the societies have used, they can be classified as:
a) Tribal Societies
In this type of societies, people rely on hunting & gathering for their subsistence. They do not produce their food.
Hence this type of society is also called hunting and gathering society. Example - Gypsy, Banjare, Raute
b) Pastoral Societies
In this type of societies, people basically rely on domesticated animals for their subsistence (existence). They
domesticate animals, mostly, sheep, goat, hen for meat.
c) Horticultural Societies
In this type of societies, people rely on domestication of plants. They cultivate such plants for food and fodder.
They also have awareness of plant as herbs like using plants for slash, burns etc.
d) Agricultural Societies
In this type of societies, people rely on the cultivation of crops for their subsistence. They use ploughs and animals
for cultivation. It marks the beginning of town and cities.
e) Industrial Societies
In this type of societies, people started using energy in the place of man or animal for doing works. Industrial
revolution brought significant changes in society. People basically relied on mechanized production for their
subsistence.
f) Post-Industrial Societies
Continuous development in the field of science and technology has created a new type of society, which is called
post-industrial society. It relies on production of information and service for its subsistence.

1.2 Factors and classical theories of social change

1.2.1 Factors/drivers/causes of social change

Every society changes over time. However, the rate of change may be rapid or slower depending on the internal
and external factors. Society cannot resist change. Some societies show high resistance to change while others
adopt new change easily. Some of the factors of social change are discussed below.

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a) Physical Environment
Physical environment plays very important role in shaping social structure and human behavior. Physically easily
accessible society changes rapidly than those located in remote (difficult to access) areas. Societies in hilly isolated
regions show high resistance to any change.
b) Information, Knowledge & Skill
Rate of social change depends on access to information, ability to put together the information into knowledge,
ability to convert the knowledge into skills. In today’s world of information and technology, changes occur rapidly
due to easy access to information for everyone using internet.
c) Cause of Nature
Causes of nature also forces society to incorporate changes. For e.g. natural calamities like earthquake, tsunami,
landslide, flood, desertification or epidemic shake the existing situation of the society including the demographic
pattern and may lead to drastic change in society.
d) Human/anthropogenic activities
One of the main factors of social change is human action, which may bring about social changes whether they are
intended and foreseen or not. For example, International War, Civil War, displacement for “developmental”
activities, industrial accidents, mass migration influences and changes societies to a large extent.

1.2.2 Classical theories of social change

Theories explaining social change are discussed below.
a) Cyclical theory
According to this theory, social change is a natural process and occurs in a cycle of rise and fall. As living things,
society also passes through definite stages in a cycle – a cycle of birth to death. As per Oswald Spengler, all
societies have a life span of approximately 1000 year. Critics of this theory cite examples that do not follow the
1000 year cycle.
b) Evolution theory
This theory has some similarity with cyclical theory as it also views society as a living thing. But instead of death as
a natural end, this theory argues that society changes with time and gets more complex and advanced as it moves
from one stage to another. Thus, society continuously develops through time and changes from simple to a
complex one.
c) Functionalist theory
According to functional theory, societies have interdependent parts as in human body. Just like for proper
functioning of a body, each interdependent part of the body needs to function well; similar is the case for well
functioning of a society. When particular part of a society changes, changes in a society are required to keep the
whole system functioning. This theory emphasizes on changing role of different parts of a society to maintain
stability of a society.
d) Conflict theory
This theory is based on the works of Karl Marx. According to this theory, society consists of classes – classes of
“haves” and “have-nots”. Social conflict arises between groups whenever there exists inequality, be it racial
inequality or in gender, religion, political, economic, and so on. Unequal groups usually have conflicting values and
agendas, causing them to compete against one another. This constant competition between groups forms the
basis for the ever changing nature of society.

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1.2.3 Changes by Development Activities in Different Societies

a) At family level of society
Nuclear family emerged
Women started involving in male dominant working areas
Changed living standard of
Children started new ways in specialization
Life became mechanical
Relationship among keen relatives became formal
Existing social customs changed
Family ties among the members became less
b) In religion societies
Started analyzing religion and tradition
Relaxation occurred in the rigidity of caste system
People became free from religious rituals
Religion became a secondary thing
c) In rural societies
Population started migrating towards urban areas
Population became consciousness of their societies
People started changed farming techniques
People have more comfortable living than before
Life patterns or living standard of population have changed
d) In urban societies
Shortage of land and space for living
Rapid increase in population and slums
Transportation problem occurred
Crimes increased
Life became expensive
Money became the most important thing in life

1.3 Impact and consequences of technology on socio economic parameters

Technology is the application of knowledge and skill to make life practically easy & better. We can see the use of
technology in our day to day life. It has influenced all spheres of human life and the environment. Discoveries and
inventions contribute for technological advancements. Technology changes over time and contributes to social
changes. The changes brought about by technology in society are described below, based on different socio-
economic parameters.
a) Agriculture
Increased food production
Green revolution (high yielding hybrid varieties of food grains introduced in developing countries)
Better food preservation
Mechanization of agriculture
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From subsistence farming to cash crops

Increasing, year round availability of food variety
From organic to chemicals and pesticides
Increased water use due to cash crops and agricultural intensification
Increased water use efficiency due to advanced irrigation methods; deficit irrigation, micro irrigation
b) Communication
Increasing access to information through internet and social media
Rapid and mass communication possible through newspaper, magazines, FM radios, TV etc
Enhanced public awareness
timely information to people
Increased and easier access to telephone through mobiles
Virtual meetings, video conference, video chat, tele-medicines (distant medicine service) possible
c) Construction methods
Better materials, fire proof, light weight
Use of pre-stressed, pre-cast, pre-fabricated materials
Increasing size of structures
Earthquake resistant buildings possible
More mechanization and automation in construction
Better safety, better material management
d) Information generation, storage and dissemination
Increasing access to information through multiple mediums
Storage: floppy disk, CD, DVD, external hard disk, dropbox, cloud storage
Information generation growing exponentially, automatic data logging, GIS, GPS, Satellite Images, Remote
sensing
Dissemination of information easier: e-paper, interactive TV, internet, social media
e) Dispute/conflict resolution
Increased use of gun powder, missiles, drones, explosive devices in warfare
Weapons of mass destruction like atom bomb, nuclear bomb available
f) Family structure
Family relations getting more complex
Test tube baby, surrogacy, cloning, egg freezing
Family size reducing
Change in life status of female and disabled
g) Culture and livelihood
Traditions-values challenged and altered or replaced
Traditional dances/music/drama/ games replaced by movies/video games/theme parks
Better heritage preservation
International language use increasing
Livelihood diversification and specialization increasing
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Increasing living standard

Employment opportunities increasing

1.4 Effects of major technological developments on practice of engineering profession

Technological developments have made our lives better and easier and it has significant impacts in engineering
profession as well. But technology itself may not be free from problems and in some cases it might create new and
unforeseen problems. The conscious members of the society and the professionals should work together to
promote the use of technology to serve the society and to prevent misuse of technology that goes against the
society.
Some effects of major technological developments on the practice of engineering profession as discussed briefly
below.
a) 2D and 3D printing
Written and mass production of records of agreements, laws, rules, regulations, guidelines, books, newspapers,
magazines, journals has been possible along, thus assisting in easy availability.
Effects
Need to memorise has diminished
Easier access to books, manuals, code of conduct, laws
Judgement based on written laws than wisdom justices
3D printing has completely changed the production mode
b) Explosives
Warfare getting increasingly violent and costly
Colonization
Species getting extinct, increase in list endangered species
Increase in crime
Increase in terrorist activities
c) Automation/Mechanisation
Increased industrial production
Mechanized agriculture
Lower cost of goods and food
Standardization and interchangeability of design, size, shape easily possible
Easier movement over long distances
Safer working environment for dangerous jobs
Higher living standard and material comfort
d) Organic chemistry
New construction materials like PPP pipes, PVC pipes, synthetic glues, pre cast, pre or post tensioned
concrete, bio degradable plastic available
Light weight and stronger materials
Water proofing, paints
Fossil fuel in transportation

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e) Transportation
Roads, multi level roads, railways
Underground and underwater railways and tunnels
Air cargo, air travel, air ambulance
World has become a “global village”
f) Internet, communication and satellites
Mass communication possible
ICT development
TV, GPS
Satellite mapping
Weather forecasting
Climate modeling
GIS based planning (urban, landuse)

Computer, its impacts and computer crimes

Development and use of computer has played a revolutionary role in transformation of society from industrial to
the knowledge based. Widespread use of computer has both positive as well as negative impacts. Following are
the major impacts of computer on society:
a) Wide application
Today computers are used to solve various social, human and business problems from crime control to medical
diagnosis and from education to engineering design or from marketing to entertainment. The application of
computer has impact on the nature and modalities of business.
b) Employment
Wide use of computers has created newer employment opportunities but on the other hand, it has limited the job
opportunities to some people who could not update themselves. Many traditional jobs are becoming obsolete.
c) Productivity and competition
The use of computer has contributed for enhancement of productivity. Because of the enhancement in
productivity, few workers can perform the jobs that were carried out by more people. It is said that computer (IT)
have helped the big companies to be more competitive in their business as compared to smaller companies.
d) Standard of living
Availability of less expensive and better quality goods in the market and the possibility of introducing various types
of electronic gadgets for the use of man have contributed for raising the standard of living. In addition, upgrading
the quality of work conditions has also become possible.
e) Privacy
By the use of computer, it has now been possible to maintain & retrieve information as desired. Such information
is likely to be misused by unauthorized access, which could threaten the privacy of individuals.

Computer Crime
Electronic Transactions Act 2004 has incorporated the following Acts under the crimes related to computer:
i. Theft, damage or alteration of computer source code
ii. Unauthorised access to materials on computer

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iii. Destruction to computer and information system

iv. Publication of illegal materials on electronic form
v. Violation of confidentiality
vi. Posting of false information
vii. Submitting or showing forged license or certificate
viii. Non-submission of the document or other materials
ix. Computer fraud

1.5 Role of engineers in society

Engineer is someone who exploits 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. Engineers work in the society and for the
society. Engineering is the application of science to solve societal problems. The practice of engineering is directly
related to societal issues, and hence has an impact on society.
Some of the basic roles of engineering in society are:
a) Creating Vision
To interact with society to fully understand the societal issues (needs and problems)
Imagine useful product/solution utilizing the properties of different matter to solve the problem
b) Preparing mission
To propose a range of products with their financial, technical and environmental pros and cons
To contribute in decision making process to choose the best option
To prepare optimum design, including detailed specification to implement the designed product
c) Execution
To execute the solution by creating product to solve the issue
To supervise the construction of product
d) Monitor and evaluate
Monitor and evaluate the performance of product for accuracy, quality and economy
To upgrade the product/solution based on evaluation
e) Train
To train people to operate and maintain the product/solution for its reliability and sustainability
To train the new engineers practically, technically and professionally to make professionals
f) Upgrade profession
Innovate, systematize & produce or make facilities for the people to upgrade their profession

Changes brought by engineers in society

Development of infrastructures
Mass production of goods through mechanization
Automation of production system
Faster means of transportation
Mass communication
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Inventing labor saving devices

Creating faster pace of life
Commercializing recreation
Emphasizing on high degree of specialization

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Chapter 2: Ethics and Professionalism

2.1 Moral, ethics and professionalism

2.1.1 Moral(न◌ैतक)
Moral refers to the standards against which human (or professional) behavior is judged as good and bad, right and
wrong or just and unjust. Moral of a person is reflected by one’s action when no one is watching, like anonymous
donation and help without expectation. Morality concerns with the principles of what is good and bad, right and
wrong behavior. Engineering moral measures the standard of good behavior of engineers.
Immoral action means not conforming to accepted standards of morality set by society (murder, divorce). It refers
to breaking of moral rules, which society has set to distinguish between right and wrong, voluntarily.
Non-moral actions are actions that are beyond the scope of moral or immoral actions. Non-moral actions are not
immoral actions. following types of actions fall under non-moral actions.
i. The events of nature because they cannot be controlled. An infrastructure (road, bridge, tower, transmission
lines, building, telephone connection, etc.) destroyed by natural events like an earthquake, flood, or landslide
is a non-moral event.
ii. The actions of animals because they lack rationality. They can neither justify nor accept the consequences of
their actions. For example, an elephant destroying buildings, wooden electrical-poles etc. is a non-moral
event. If the same elephant does something which is beneficial for people, it is still a non-moral event.

iii. The actions or behavior of children and insane persons because they are not capable of foreseeing the
consequences of their actions. A child cutting wire and causing short circuit in electrical connection which
resulted in fire is a non moral event. Action of a child which is illegal for an adult to do.

iv. The actions guided by the circumstances beyond his/her control such as coercion or an irresistible pressure.
In such situations, a person cannot think and act freely. An MIS engineer of an internet service provider or a
social media site forced to reveal password of its clients, under threat of life, is a non-moral event.

2.1.2 Ethics
Ethics is a system of belief that supports the view of morality. Ethics is the study of standards of right and wrong or
that part of science and philosophy dealing with moral conduct, duty, and judgment. Ethics deals with voluntary
actions specifically taken by an individual with sufficient knowledge of the options available to him or her.
Ethics are well defined and in written form, generally. Eg. Doctors and lawyers know what the ethics of their
profession dictate. A doctor will never divulge patient’s medical history to anyone other than the patient himself,
unless authorized by the later, or required under law to do so. Similarly a lawyer will never compromise client’s
interest notwithstanding his own disposition towards his client.
Engineering morals measure the standard of good behaviors of engineer. As engineers are the people who 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.

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2.1.3 Differences between ethics and moral

i. Moral constitute a basic human marker of right conduct and behavior; the ethics is more like a set of
guidelines that define accepted practices and behavior for a certain group of people.
ii. Morals are how you treat people you know. Ethics are how you treat people you don’t know.
iii. Ethics define the code that a society or group of people adhere to while morality delves into right and wrong
at a much deeper level, which is both personal and spiritual.
iv. Morals are the principles on which one’s judgments of right and wrong are based. Ethics are principles of right
conduct.
v. Ethics are impacted upon by external factors like the nation, society, peer group, religion and profession, and
could change. Morals are made of sterner stuff, and usually do not change.
vi. Ethics are well defined and quite neatly laid down. Morals are of a subliminal nature and deciding upon them
is not that easy. There is always a moral dilemma.
vii. Following ethics is a relatively simple affair as it involves a set of socially acceptable guidelines. Moral are,
however, relatively difficult to adhere to.
viii. Ethics relates to a society where morality related to an individual person.
ix. Ethics relate more in a professional life while morals are what individuals follow independently.

2.1.4 Professionalism
A profession is defined as having a systematic knowledge acquired through specialized training or education and
practicing the same as an occupation. Professionals bear moral and ethical behavior. The content of profession
with moral and ethical behaviors is professionalism.
Practice of a profession requires registration, honoring, code of ethics and is subjected to disciplinary action on
violation of code of conduct.

2.1.5 Characteristics of a Professional

i. Professional acquires a systematic knowledge and skill through study, training and experience.
ii. Based on that, a professional renders services to the society and people at the time of need.
iii. Professionals are provided with specific rights/authority.
iv. Professionals are honored in the society and are also a subject of public evaluation.
v. Professionals follow code of conducts to keep morale of the profession high.
vi. Activities of professionals are regulated by professional bodies through licensing, code of ethics and
disciplinary actions (For example, Medical council, Nepal Bar Association, Nepal Engineering Council).

2.1.6 Examples of un-professional behavior of an engineer

i. Time related:
Late arrival in meetings/office/duty station; late submission of reports/deliverables; missing deadlines
ii. Quality related:
• Failing to monitor quality of works performed; Failing to detect apparent errors in drawings/designs;
Construction works not upto the quality and design
iii. Meeting:
Talking on phone during meeting/ loud ring tones of cell phones; talking with others during meeting; late
arrival; Taking frequent breaks; Any activity that indicates that the meeting is of less importance to you.

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iv. Personal Integrity:

Accepting extra offer from client/contractor; Disclosing client’s confidential information; Inconsistency in
saying and doing; Making judgment based on partial knowledge; Inability to detect (and correct) apparent
flaws in drawings/designs; Inability to make appropriate judgment in a particular situation.
v. Personal Manner:

Shouting at subordinates/workers; inappropriate dress up; attention grabbing hair style/ jewelry; Respect to
others, especially to those who are less fortunate.
vi. Criminal offense:
Forging document; Falsifying data; Accepting/offering bribes; misuse of authority; use of official property
(vehicle, building, equipment) for personal purpose; asking office personnel to do personal works; Plagiarism;
Plotting against firm, client, and other engineers
vii. Code of Conduct:

Forgetting to sign on documents; Disregard for code of conduct, standards, bylaws, and norms; Attempt of
undue influence; Intentionally misleading public, client, employer; Accepting offer from potential
client/contractor
viii. Negligence:
Using different coefficients from engineering handbooks, without checking their applicability in particular
conditions; allowing breach of terms and conditions at construction sites; not checking documents properly
for formatting, contents, etc. before submission.

2.2 Characteristics of ethical decision making

i. Ethical decisions hold paramount the safety, health and welfare of the public, over financial profit
ii. Ethical decisions uphold and enhance the honor, integrity and dignity of the profession
iii. Ethical decisions reflect loyalty to client, organization, and society
iv. Consequences of ethical decisions have high, long term and wide impact to the self, institution or to the
society at a large
v. Abide by all prevailing laws, rules, regulations
vi. Follow guidelines, directives, bylaws, codes
vii. Follow applicable codes of conduct
viii. Fair, honest, transparent, aspires highest quality and open communication
ix. Respect culture, social customs, practices, customer, environment
x. Concerned with the benefit of all stakeholders

2.3 Liability of engineers in design, construction and implementation of projects

2.3.1 Liability
Liability is a troublesome responsibility having legal binding or an obligation. Liabilities occur because of
negligence in performance. There are three sources of liability which are explained below.

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a) Liability due to contract

An engineer is liable to fulfill all terms of contract. S/he is liable for loss/damage due to breach of contract clauses.
But if there is no contract, legally, there is no liability under this category.
b) Liability due to criminal law
An engineer is liable to follow all prevailing laws of nation. The breach of law related to design, construction and
implementation of design can result in criminal case, whether there is damage or not.
c) Liability due to tort/ Tort liability
A “tort” is an injury to another person or to property, which can be compensated under the law.
While performing engineering duties, engineers happen to harm/damage other unconcerned, non-related person
or property. In such case, an engineer can be held liable for loss or damage to the customer due to use of
services/products designed, constructed, or implemented by engineer. S/he is liable even if there is no specific
contract and no laws have been breached. Pre-information or pre-warning or disclaimer can prevent an engineer
from liability due to tort.
Liabilities are of two types, as listed below.
a) Vicarious liability
This is also called organizational liability. An employer is responsible for the acts of his /her employee as long as
the employee’s acts are within the person’s job description. For example, hospitals are responsible for the acts of
their doctors if the acts are within the scope of employment.
b) Partnership liability
In this type, a partner is liable for the act of his/her partner(s).

2.3.2 Liability of engineers in projectdesign

• Fitness for purpose: the design should be fit for the purpose intended
• Should not give negligent misstatement
• Should follow all statutes, bylaws and building regulations/codes
• Examination of site above and below the ground is compulsory
• Proper plans, drawings and specifications
• Materials should be of good quantity, quality and adequately available
• Should not allow risky design and employers’ interference in design
• Revision of design during construction, if necessary

2.3.3 Liability of engineers in projectconstructionandimplementation

• Completion of project in time and within budget
• With quality: material, workmanship, method of construction
• Consistency in quality and form
• Safety and welfare of project workers, people living in and around project area, and people travelling
through or visiting the project area
• Follow applicable laws, rules, regulations, guidelines, conventions, codes and bylaws
• Meet social obligations, where necessary

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2.4 Loss of professionalism: Causes

a) Inadequate salary
• If the salary and fee are low as compared to the market price
• When the salary is inadequate to fulfill the basic necessities of life (food, clothing, shelter, kid’s education,
sanitation, health)
• When the salary level of a similarly trained person in a different profession is much higher
b) Defective social norms and values
When society,
• gives importance to money irrespective of its source
• accepts low or unprofessional behavior
• turns blind eye to unethically accumulated property
• respects persons with criminal records
• admires rule-breaker and mocks rule-followers
c) Low morale of the individual
• If upbringing of a person is defective or against moral values and ethics of the profession
• If the value of fairness and personal integrity are not inculcated during childhood of a person
• Morale of the self plays important role
• Right and positive social value helps boost up moral of individual professional
d) Irregular, or inconsistent, application of laws and regulations
• Weak rules and regulations
• Ineffective implementation of laws
• If institutes like NEC, CIAA, line agencies or court apply the laws irregularly or selectively
• When the penalty for law breaking is low compared to the gain from unprofessional action
e) Lack of political commitment
• When national level political parties or government bodies are unwilling to take action against law breakers or
unprofessional activities
f) Weak or negligent professional societies
• When professional societies like NEA, FCAN, are weak, or negligent, in taking disciplinary actions against its
members who blatantly break its rules and guidelines
• When the professional society gets influenced by external environment
• When professional society have members with bad professional image and reputation

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2.5 Ethical issues in professional engineering in dealing with other professions

a) Accounting
• when accountant expects approval of bill before work is completed or works of inferior quality
b) Banking
• over valuation
• project progress report not evaluating parameters to affect feasibility
• not disclosing assumptions and associated risks
c) Law
• disclosing/hiding client’s info
• incomplete information
• partial truth
d) Journalism
• disclosing client’s confidential info
• provide statement without proof, data
• temptation to be on mass media
e) Management
• Loyalty to management and un loyal to public
• whistle blowing (when engineer knows that current practice is unethical but profitable for management, blow
the whistle, internally or publicly)
• leaking of confidential data to government for public good

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Chapter 3: Role of professional organization in regulation and professional

development
3.1 Regulation of practice of engineering profession

One of the fundamental roles of professional associations is to regulate the professional practices of
the persons or institutes engaged in a particular profession. For example, FCAN (Federation of
Contractors Association of Nepal) regulates the ways contractors’ act, when performing duties related
to their profession, through:
developing guidelines & procedures to be followed by its members,
developing minimum standards of profession,
developing and issuing codes of conduct for FCAN members,
developing and approving written/unwritten rules of the profession,
preparing standard procedure/formats of submitting bids,
monitoring and evaluating compliance of the rules, and
taking actions against breakers of the rules and/or code of conduct.
NEC and NEA regulate engineering profession by developing policies, plans/programs for the smooth
functioning of engineering profession and execute them. Similarly, NEC regulates higher engineering
education in Nepal through evaluation, recognition and monitoring of academic institutes providing
formal engineering education. Professional organizations like NEC, NEA, SCAEF (Society of Consulting
Architectural and Engineering Firms), FCAN issue code of conduct for engineering professionals
guiding them through do’s and don’t’s of the profession and the violation of which is subjected to
disciplinary action.

3.2 Objectives of NEC and its licensing provision

3.2.1 Nepal Engineering Council (NEC)

Nepal Engineering Council (NEC) is an autonomous body established on March 11, 1999 under Nepal
Engineering Council Act 2055. It regulates the engineering profession and education in the country
effectively and scientifically.
The main objective of Nepal Engineering Council (NEC) is to make the engineering profession effective
by mobilizing it in a more systematic and scientific manner and also to register engineers as per their
qualifications.

3.2.2 Jurisdiction of Nepal Engineering Council

i. Licensing (Registration) of engineers
ii. Accreditation of certificates of academic qualifications
iii. Recognition of the academic institutions
iv. Professional code of conduct

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3.2.3 Duties and responsibilities of NEC

i. To prepare policies, plans and programs for smooth functioning of the engineering profession and
to execute them.
ii. To set norms and standards for engineering education in Nepal.
iii. To grant permission and approval to carry out engineering education to those engineering
colleges and institutions those meet the required norms and standards and to honor their degrees
and certificates
iv. To monitor and inspect the quality of engineering education provided by the engineering colleges
and institutions.
v. To fix the qualification necessary in order to practice engineering profession and to register their
name in the council.
vi. To cancel the registration of the engineer if found violating code of ethics.

3.2.4 Licensing provision

Licensing is one of the means of regulating the profession. The organizations providing engineering
services are expected to obtain approval from professional organizations before starting their
business, apart from fulfilling legal requirements. For example, FCAN classifies its members into
different categories/classes like A, B, C and D; the contractors of each category are limited in the
financial amount of work they can bid for.
NEC provides license to individual engineers, in the form of registration, who wish to practice
engineering profession. As per Clause 11 of NEC Act, “no person shall practice the engineering
profession without getting his/her name registered in the Council”. Offenders are subject to fine to
Rs. 3000 or jail up to three months or both. The licensing/registration provision is kept simply for
regularizing engineering professional practice in Nepalese societies, keeping in view the safety, health
and protection of the lives and property of the public.
The Council registers the engineers into following three categories, when minimum required
qualifications as under are met:
a) General engineer: Bachelor degree in engineering
b) Professional engineer: Masters degree or Post graduate diploma in engineering
c) Foreign engineer: Non-nepali engineer having Bachelor degree in engineering and minimum 10
years of experience
The registered engineers have to take ‘Oath’ in a paper prescribed by the council before receiving
registration certificate.

3.2.5 Registration procedure in NEC

To get registered, one must have completed all courses of Bachelor Degree in Engineering from
any Engineering College authorized by Nepal Engineering Council. The list of NEC recognized
universities and college in Nepal and abroad can be accessed from website of NEC.
Registration process:
i) Get your documents notarized
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ii) List of documents required for registration:

• SLC mark sheet,
• SLC Character certificate,
• Intermediate level or 10 +2 Transcript,
• Intermediate level or 10 +2 Character certificate,
• B.E.Degree/Provisional Certificate,
• B.E Transcript,
• B.E Character certificate,
• `Attested copy of Citizenship.
• Photocopy of license (ID card) or permanent certificate of two registered engineers at NEC
iii) Deposit registration charge as under deposited at Rastriya Banijya Bank in favour of NEC,
current Account no.1093
• Rs.3400 (Nepalese Universities / Colleges)
• Rs.4400 (Foreign Universities / Colleges)
iv) Fill up registration form and submit it along with notarized copy of documents and payment slip at
NEC office, Naxal, Kathmandu.
v) It takes around 6 months to get certificates as the approval of certificate is done by the board
meeting of Nepal Engineering Council in every 6 month.
Though Nepal Medical Council which is considered equivalent as NEC for medical sector conducts
exam for issuing certificate to MBBS graduates, there is no provision of any exam till now for issuing
license certificate for engineering.

3.2.6 Nepal Engineers’ Association (NEA)

Nepal Engineers' Association (NEA) is an independent and nonprofit organization of Nepalese
engineers, registered under the Social Service Act of the Government of Nepal. It was established in
the year 1962 and represents engineers, belonging to various engineering disciplines including
architects, civil, electrical, mechanical, electronic etc and coming from both the public and private
sector economies.
NEA attempts to regulate effectively the practice of professional engineering in the national
development. It also safeguards the rights and strengthens the professional capacity of engineers.
NEA is governed by an elected executive council of 15 members, led by the President of the
association for tenure of two years.
Objectives of NEA
i) To promote development of the engineering science and technology in Nepal.
ii) To promote fellowship, goodwill and cooperation assistance among the Nepalese engineers and
safeguard their rights and interests.
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iii) To utilize the participation of the national engineering manpower in the development activities of
Nepal.
iv) To continuously enhance the highest professional ideals among the members & widen it.
v) To develop relations, fellowship and goodwill with international engineering associations and
institutions.

3.2.7 NEC vs NEA

NEC NEA
Statutory body, established under NEC Act, in An NGO, established in 1962
1999

Must register before practicing engineering Registration/membership is voluntary

profession

Executive body (Governing Board Members) by Executive body by election

election and nomination (5+1 nominated by GoN,
5 elected), NEA President, TU representative,
Chairman, Vice Chairman, Registrar)

Evaluates and approves establishment of No such provision

academic institutes offering engineering
programs

Offers different categories of engineering No such provision, but offers membership as

profession: general, professional, foreign general, life, foreign

Monitors academic institutes offering No such provision

engineering programs and cancels approval, if
found not up to standard

The directives and code of conduct issued are The directives and code of conduct issued are
mandatory voluntary

More focus on monitoring activities of its More focus on rights and welfare of its members
members with regard to compliance of code of
conduct

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Engineering Professional Practice

3.3 Code of ethics and guidelines for professional engineering practice

3.3.1 NEC code of conduct

The professional Code of Conduct to be followed by the registered Engineers of the Council, subject to
the provision of the Nepal Engineering Council (NEC) Act, 2055 (1998) and the Nepal Engineering
Council Regulation, 2057(2000), are as follow:
a) Discipline and Honesty
The Engineering service/profession must be conducted in a disciplined manner with honesty, not
contravening professional dignity and well-being
b) Politeness and Confidentiality
Engineering services for customers should be dealt with in a polite manner and professional
information should remain confidential except with written or verbal consent of the customers
concerned. This, however, is not deemed to be a restriction to provide such information to the
concerned authority as per the existing laws.
c) Non-discrimination
No discrimination should be made against customers on the grounds of religion, race, sex, caste or
any other things while applying professional knowledge and skills.
d) Professional Work
Individuals should only do professional work in their field or provide recommendations or
suggestions only within the area of their subject of study or obtained knowledge or skills. With
regard to the works not falling within the subject of one's profession, such works should be
recommended to be done by an expert of that subject matter.
e) Deeds which may cause harm to the engineering profession
With the exception of salary, allowance and benefits to be received for services provided, one
shall not obtain improper financial gain of any kind or conduct improper activities of any kind,
which would impair the engineering profession.
f) Personal responsibility
All individuals will be personally responsible for all works performed in connection with his/her
engineering profession.
g) State name, designation and registration no
While signing the documents or descriptions such as the design, map, specifications and estimates
etc, relating to the engineering profession, the details should include the name, designation and
NEC registration No. and should be stated in a clear and comprehensible manner.

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h) No publicity or advertisement must be made which may cause unnecessary effect

In connection with the professional activities to be carried out, no publicity or advertisement shall
be made so as to cause unnecessary effect upon the customers.

3.3.2 Disciplinary Action

Disciplinary or corrective action is a process of communicating with the employee to improve
unacceptable behavior or performance. The main aim of the disciplinary action should be an
improvement in the team member’s actions or attitude, although dismissal may indeed be an
outcome in serious cases.
Violation of code of ethics may lead towards disciplinary action. Any concerned person may file a
complaint against a registered engineer violating code of ethics to the Investigation Committee. The
committee shall consist of:
i. Senior member of Council, nominated by Council – Chairman
ii. A legal expert, minimum 10 years experience, nominated by Council – Member
iii. An engineer, minimum 15 years experience, nominated by NEA – Member
Generally, disciplinary action includes the following processes:

Sometimes, the person may also be asked to pay all or part of the costs of the hearing or a fine or
even both.

3.4 Roles of professional organization in induction of new entrants into the

profession

Another major role of the professional associations is to guide new entrants into the profession by
i) providing orientation and training, to new engineers, new consulting firms, new contracting firms
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ii) guiding on the conventions of the profession,

iii) providing information on the dos and don’ts of the profession,
iv) potential pitfalls when the Code of Conduct are not followed,
v) linking the new comers with established members of the profession.
vi) Guiding on general job description and employers’ expectation from new recruits
vii) Training new entrants for job seekers, proposal writing, bidding, project terms and conditions
negotiation, etc.

3.5 Upgrading and maintaining the professional and technical competence of

members of professional associations

Professional societies take various steps for upgrading and maintaining the professional and
technical competence of its members by
i) Organizing regular professional development courses and continuing education programs, like
running Engineering Staff College
ii) Organizing skill development oriented training programs
iii) Organizing regular talk programs to share experiences and lessons learned from different
projects
iv) Providing platform for its members to expose their works by organizing national and
international seminars/workshops on regular basis
v) Publishing technical journals and news bulletin
vi) Organizing exposure field visits to different projects
vii) Providing exposure to national and international experiences by organizing national and
international visits to its members
viii)Proactively working with academic institutes on development and update of university
curriculums
ix) Proactively working with research institutes for involving its members in research and
development activities
x) Proactively working with service providing organizations (consulting companies, contractors,
material suppliers, software developers, equipment operators) to establish link of its members
with established organizations.
Some of the ways in which the professional associations in Nepal have been playing this role in
Nepal are:
i) Providing Continuing Education Programs (NEA, SCAEF, FCAN, CAN)
ii) Engineering Staff College (proposed by NEA, not yet fulfilled)
iii) Provision of Professional Engineer (NEC)
iv) Provision of periodic test as part of NEC registration renewal (proposed)
v) Professional Development as part of evaluation of engineering colleges (NEA)
vi) Organizing professional meetings (NEA, SCAEF, FCAN, CAN…)
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vii) Organizing trainings, weekly lecture series (NEA);

viii)Organizing workshop on specific issues related to engineering education in Nepal (NEC, AECON,
OPEN, TUTA)
After the April 25, 2015 Gorkha Earthquake, NEA played a crucial role in disaster risk management by
providing training to thousands of engineers on Rapid Visual Assessment of earthquake affected
buildings in Kathmandu Valley. Through partnership with GoN, UNDP and other academic institutions
and professional societies, the NEA CCEE has been enhancing the professional skills of engineers for
undertaking post seismic assessment, repair and strengthening of damaged buildings as well. NEA is
also engaged in supporting the reconstruction efforts by engaging in mason training on earthquake
resistant construction and design competition for suitable model housing designs.

3.6 Providing technical expertise to public authorities in developing policies, acts,

standards, project implementation procedures and international agreements
and negotiations

The legislators and other governmental organizations frequently seek technical expertise from
professional associations in the development, drafting and amendments to the existing acts, rules,
regulations, policies, guidelines, bylaws, provisions, plans and programs. NEC, NEA, SCAEF, FCAN, CAN
and other professional organizations provide technical expertise to different government
organizations, including legislators, as and when requested. When these professional associations do
not have in-house expertise, they coordinate with individual (or institutional) members to provide
such services. Such expert advice is important during drafting new act or revising existing acts.
Professional societies/organizations provide/submit appeals to concerned government officials when
any decisions impact the professional obligations.
NEA and DPNet independently conducted study of Jure Landslide (Sunkoshi) in 2014 and submitted
expert advice to deal with the disaster.

3.7 Ensuring occupational health, safety and general welfare of the public

The professional engineering associations are expected to play the role of monitors of quality of
works of its members, including the matter of safety and general welfare of the public. When a
particular member is found to violate the codes of conduct, compromise on quality of works, and
neglect public safety and public welfare, the concerned professional engineering association can warn
them, and reprimand/cancel their membership. NEC is planning to introduce a system of
Accountability in Engineering Professional services. The standard design manuals, design procedures,
building codes, including professional judgments will be evaluated as a part of safety and general
welfare of public in engineering works. NEC/NEC/ SCAEF/FCAN etc. can monitor provision of
occupational health, safety and general welfare of workers and general public in specific projects.

3.8 Role of professional societies in environmental protection

i) Raise awareness among society members, public decision makers, and legislators on environment
& sustainable development issues
ii) work with universities in developing environment protection courses

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iii) Circulate environment protection related acts, rules and regulations to society members
iv) Study and publish results of impacts (short term and long term) of development works on
environment
v) Develop manuals and guidelines on design, operation and maintenance of development projects
by considering environment protection
vi) Conduct training courses on environmental law compliance
vii) Conduct advocacy programs for environment sensitive development methods
viii)Monitor specific development projects from environment protection aspect and suggest
improvements, if needed, in carrying out project works with environment compliance
ix) Award organizations with excellent environment protection records.

Engineering Professional Associations in Nepal

Nepal Engineering Council (NEC)

Nepal Engineers’ Association (NEA)
Society of Consulting Architectural and Engineering Firms (SCAEF)
Federation of Contractors’ Association of Nepal (FCAN)
Nepal Geological Society (NGS) Nepal
Geotechnical Society (NGeoS) Society
of Structural Engineers Nepal
Nepal Micro/Mini Hydropower Development Association (NMHDA)
Computer Association of Nepal (CAN)
ICT Association Nepal
IT Professional Forum
ISP Association Nepal
Society of Electrical Engineers Nepal (SEEN)
Society of Nepalese Architects (SONA)
Society of Mechanical Engineers Nepal (SOMEN)
Society of Public Health Engineers Nepal (SOPHEN)

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Chapter 4: Legal Aspects of Professional Engineering in Nepal

4.1 Introduction to Nepalese legal system

4.1.1 Components of a Legal System

Law may be defined as the rules of a state made by legislation and implemented by the executives of
the state. Through law, a nation regulates the behavior of the people. It helps to maintain law and
order in the country and cooeration and coordination among citizens. It also helps to maintain
discipline, dignity and morality of the society. In short, law makes people aware of their duties while
exercising their rights.
The legal system of a nation includes:
a) acts/laws, court decisions/precedents (ain, kanun, nirnaya/najir)
Law is an umbrella term for any set of rules or regulations that have the backing of authority
behind them and includes Act, Rules, and Regulations, circulars, etc. In fact, it also includes
customs and traditions. An Act is a specific term used for a collected set of rules and regulations
passed by the Parliament. Therefore, an Act is a subset of Law
Precedent – a decision made by high court of state which influences the future decisions of the
court and lower courts. Such precedents are source of law.
b) Rules, regulations, bylaws, directives (niyam, biniyam, nirdeshika)
Bylaws - law made by a local authority and which applies only in their area or a local ordinance
Directives - an authoritative order or instruction issued by a high-level body or official: a
presidential directive.
c) Treaties, conventions, policies, (sandhi, prachalan, niti)
Treaty - an agreement between sovereign States (countries) and in some cases international
organizations, which is binding at international law.
Convention - an agreement between states covering particular matters, especially one less formal
than a treaty.
(United Kingdom does not have a codified constitution. So, constitutional conventions play a key
role)
Policies - The basic principles by which a government is guided or the declared objectives that a
government or party seeks to achieve.
d) Formation orders, ordinance, promulgations, (adesh, adhyadesh, ghoshana,)
Order: an authoritative command or instruction to a subordinate or any person.
Ordinance - Local law enacted by the governing body of a city or municipality which applies only
within its boundaries. To have full force and effect of law, an ordinance must not be in conflict
with any higher law

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If, at any time, except when both Houses of the Federal Parliament are in session, circumstances
exist which renders it necessary to take immediate action, the President may, on recommendation
of the Council of Ministers, promulgate an Ordinance. An Ordinance so promulgated shall have
the same force and effect as an Act
Promulgations - announce something publicly, especially a new law or officially put a law into
effect
e) Access to justice, freedom to choose legal advisor
Access to justice is a basic principle of the rule of law. In the absence of access to justice, people
are unable to have their voice heard, exercise their rights, challenge discrimination or hold
decision-makers accountable
f) Concepts of “innocent until proven guilty”
Universal Declaration of Human Rights, article 11, states: Everyone charged with a penal offence
has the right to be presumed innocent until proved guilty.
(People that are innocent often have their entire lives ruined by the publicity. They spend money
for lawyers and lose income from their jobs and the worst part is even if they are found innocent,
a certain percentage of the people will still believe that they “got away” with something)
In Nepalese legal system, a person is practically “assumed guilty until proven innocent”. As soon
as a person, or an officer, is charged of a crime, he/she is losses his/her official privileges,
expected to resign from his/her post or automatically suspended till the case is “closed” by a court
of law. The Nepalese society normally presumes a person guilty as soon as s/he is charged of a
crime. People have very low level of faith on the impartiality of justice/legal system. Many persons
found guilty by a court, but with good connection, roam in government offices, while persons with
low access to resources waits for years, even decades, for court verdict on cases he/she files.
g) Implementation aspects of (a) to (f) above

4.1.2 Nepalese Legal System

Structure of Nepalese Legal System
Historically, the Nepalese legal system is based on Hindu philosophy and its growth and development
is largely influenced by Hindu religious texts.
First available written law of Nepal is Muluki Ain, which was promulgated by King Surendra Bir Bikram
Shah in 1854. It amended and codified all existing laws of Nepal – civil and criminal, including religious
and customary.
The Muluki Ain, 2020 was the main pillar of the Nepalese Legal system during the Rana regime for
more than a century. This is based on the supremacy of the prime minister’s powers and principles of
punishment were according to caste. It legalized the caste-based social hierarchy and thus
encouraged casteism. Individuals of different caste groups were subjected to different punishments
for the same crime. Sati pratha and practice of slavery was abolished during Rana regime.
King Mahendra gave a Constitution to his people as the fundamental law of the nation. Nepalese
Legal System expanded further and adopted more modern legal concepts to meet the needs of the
changing Nepalese society without losing its identity during Shah regime.
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After 1990, the multi-party democracy in Nepal was restored and some major changes were
introduced in the Nepalese legal system. The mode of legal system started to change through the
constitutional reforms. Nepalese laws began being amended and/or repealed in accordance with the
intent and spirit of the constitutional requirements and international law. Many discriminatory laws,
including the legal provisions related to women, dalit, third gender were amended as per the
decisions and directive order of the Supreme Court.
The latest Constitution of Nepal was promulgated on 20 September 2015 by an elected Constituent
Assembly. This Constitution declared Nepal as an independent, indivisible, sovereign, secular,
inclusive, democratic, socialism-oriented, federal democratic republican state. It has internalized the
values of equality and non-discrimination as well of principle of proportional inclusiveness.
The present Constitution provides three tiers of Courts, which include:
a) Supreme Court (Apex Court): all courts and judicial bodies are under the supreme court and it will
have final authority to interpret the constitution and laws; Maximum of 20 judges plus chief
justice of Nepal.
b) High Court (Court of Appeal): in each state; empowered to hear appeals against the judgments
delivered by the District Courts; has the power to try certain cases as specified by law and to try
cases transferred by the Supreme Court to provide speedier justice in prolonged disputes
c) District Courts: in each district; court of first instance; have the power to originally try and settle
all civil and criminal cases under its jurisdiction
Special Court
Besides, the Constitution provides for establishing special types of courts or tribunals under the
judicial control of the Supreme Court to deal with special types of cases, which include four Revenue
Tribunals, one Administrative Court, one Labor Court and one special court.
Arbitration
Arbitration is a normal process where dispute emerged between parties is resolved outside the
established court by the legally appointed person or an institution under the consensus of the parties.
When dispute arises during the progress of a contract it is not necessary that it should automatically
go before a court of law for resolution. The parties involved may agree to submit their differences to a
third party in whom they have confidence and whose decision they will accept and enforce.
Arbitration is considered to be more appropriate method for dispute resolution as it takes less time
and money than normal court procedure. Condition of contract should have clause for this as well.

4.1.3 Acts related to Engineering Professional Practice in Nepal

a) The Patent, Design and Trademark Act, 1965
update the legal arrangements in respect to patents, designs and trade-marks for the convenience
and economic benefit of the general Public. It includes registration modes, terms of applications,
punishment, renewal procedures for patent, design and trademarks.

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b) Labor Act, 1992

make provisions for the rights, interests, facilities and safety of workers and employees working in
enterprises of various sectors. It includes provisions for working hours, remunerations, health and
safety, welfare arrangements, conducts and penalties etc for workers.
c) Insurance Act, 1992
to establish an Insurance Board to systematize, regularize, develop and regulate the Insurance
Business. It consists of functions, duties and power of Board, Registration of Insurer, renewal,
Cancellation of Registration and Liability, payment methods, punishment
d) Environmental Protection Act 1997
It has legal provisions to maintain clean and healthy environment by minimizing adverse impacts and
to protect environment with proper use and management of natural resources, taking into
consideration that sustainable development could be achieved from the inseparable inter-
relationship between the economic development and environment protection
it includes provisions of IEE, EIA, environmental inspector, control of pollution, national heritage,
environment protection area, punishments.
e) Contract Act, 1999
Includes legal provisions concerning contract, its validity, types, conditions for void and voidable
contracts, for cancellation, contracting parties etc
f) Nepal Engineering Council Act, 1999
An act made for the establishment of Nepal Engineering Council in order to make the engineering
profession effective in Nepal and mobilize it in a systematic and scientific manner. Its includes
functions, duties and powers of the Council and its members, provisions relating to registration of
engineers, recognition of certificates of academic qualification or degree, funds of council and others.
g) Public Procurement Act, 2007 (amendment 2012)
It has legal provisions in order to make the procedures, processes and decisions relating to public
procurement (goods, services, construction works) much more open, transparent, objective and
reliable. It consists of provision relating to bid, procurement and its methods, consulting services etc.

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h) International laws/ conventions, Bilateral agreements (WTO (23 Arp 2004), ILO, BIPPA)
i) Immigration Act, 1992
j) Foreign Investment and Technology Transfer Act, 1992
k) Industrial Enterprises Development Institute Act, 1996
l) Value Added Tax (VAT) Act, 1997
m) Nepal Arbitration Act 1999
n) Local Self Governance Act, 1999
o) Construction Business Act, 1999
p) Copy Right Act, 2002
q) Income Tax Act, 2002 & Regulation
r) Company Act, 2006

4.2 Essentials of a valid contract

Contract
Contract Act, 2056 has defined contract as an agreement made between two or more than two
parties to do or not to do any business, which can be enforceable as per law. So, it is an agreement
which is binding to both parties and should have legal basis so that it can be enforced under the law.
In short, an agreement enforceable by law is a contract. It involves proposal from one party and an
acceptance of the same by the other.
For a contract to be legally binding, it should have following essential elements.
a) Offer and acceptance
An offer is a promise made by a party/person to another party/person with an intention of getting
approval over his/her promise. A tender submitted by a contractor is considered as offer. The client,
after due consideration and evaluation of the offer, provides acceptance of the offer.
Offer without acceptance or acceptance without offer does not make contract.
Example:
A say to B that he will sell his cycle to him for Rs.2000. This is an offer. If B accepts this offer, there is
an acceptance.
b) Competent parties
An agreement is enforceable only if it is entered into by parties who possess contractual capacity. It
means parties or person who make contract must be competent according to law. As per contract act
2056, following people are not competent to contract.
A person who is below 16 years
A person who is not under his/her control
Example:

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A person of unsound mind enters into an agreement with B to sell his house for Rs.2 lac. It is not a
valid contract because M is not competent to contract.
c) Legal relationship
Only agreements between the parties are not sufficient to be a contract, it requires the parties’
intention to establish a legal relationship. The parties’ intention of entering into contract should be
clearly reflected in the agreement. Agreements of a social or commercial nature that have no
intention to create legal relation cannot become a contract.
Example:
1. A father promises to pay his son Rs.500 every month as pocket money. Later, he refuses to pay. The
son cannot recover as it is a social agreement and does not create legal relations.
2. A offers to sell his watch to B for Rs.200 and B agrees to buy it at the same price, there is a contract
as it creates legal-relationship between them
d) Free consent
Acceptance or offer, both should be of free consent from both the parties. It means offer and
acceptance should be without any coercion, undue influence, fraud or misrepresentation etc. in such
event, the party suffering damage can make contract void.
Example:
A compels B to enter into a contract on the point of pistol. It is not a valid contract as the consent of B
is not free.
e) Consideration
Consideration is “something in return”. An agreement is enforceable only when the concerned parties
of the contract should get something of value for fulfilling the terms and conditions of the contract. In
short, both the parties involved must be benefitted from the contract.
Example:
A agrees to sell his house to B for Rs.10 Lac is the consideration for A’s promise to sell the house, and
A’s promise to sell the house is the consideration for B’s promise to pay Rs.10 Lac. These are lawful
considerations.
f) Lawful purposes
The purpose of the contract should be lawful. If it is contrary to the law, that will become illegal and
can’t be enforceable by law. Illegal, immoral and against the public welfare subjects/objects can’t be a
contractual matter and will become void.
Example:
A promises to pay B Rs.5 thousand if B beats C. The agreement is illegal as its object is unlawful.
g) Certainty
There must be certainty. Contractual conditions must not be vague, unclear and unlimited. Both
parties under the contract must have understood the terms and conditions.
Example:

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A promised to sell 20 books to B. It is not clear which books A has promised to sell. The agreement is
void because the terms are not clear.
If the above mentioned points are not addressed rightly, the agreement may not be legally binding
and hence won’t be considered as a contract. The fulfillment of above criteria only gives an
agreement the status of a contract. Therefore it is said that all contracts are agreements but all
agreements are not contracts.

4.3 Void and voidable contract

Based on the legal relationship and the method of contract, contracts may be classified as:
a) Valid contract
Contract which fulfill legal requirements and have legal status are called valid contract.
b) Void contract
A contract which is not enforceable by law is called void contract. There are many contracts which are
valid, but sometimes due to certain circumstances, they cease to be enforceable which makes them a
void contract because it is impossible that the contract is to be further executed. Further, one party
cannot sue the other party for the non-performance of the contract.
Example:-
A promises B to sell his horse after one month for Rs. 50,000. Before the completion of one month,
the horse died. Now, the contract becomes void as the contract cannot be performed, i.e. the object
on which the parties agreed is no more, so there is an impossibility of performance of the
contract. This type of Contract is known as Void Contract.
The following contracts shall be considered as void:
i. A Contract preventing anyone from engaging him/herself in any occupation, profession or
trade which is not prohibited by prevailing law. (Exception – service agreement, partners
agreement)
ii. A contract restraining marriages other than those prohibited by the prevailing law.
iii. A contract preventing any one from enjoying the facilities already being enjoyed by the
general public.
iv. A contract seeking to prevent the legal rights of any person from being enforced by any
government office or court.
v. A contract which is against the existing law and public welfare
vi. The subject matter of a contract is unclear or vague
vii. the contract is found impossible to perform even from the time of entering into contract
viii. the contract was concluded by incompetent person
ix. A contract which has unlawful consideration or objective
x. A contract which has immoral purpose or against public morality
c) Voidable contract
A contract which lacks the free will of one of the parties to the contract is known as Voidable contract.
In such situation, the suffering party may have rights to make the contract void and this type of
contract is known as void-able contract.
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The contract becomes valid until the aggrieved party does not cancel it. Moreover, the aggrieved
party has the right to claim damages for any loss sustained from the other party. However, the
burden of proof rests on the claimant.
Example:-
X says to Y, that he should sell his new bungalow to him at a nominal price otherwise, he will damage
his property and Y enters into a contract due to fear. In this situation, the contract voidable as the
consent of Y is not free, so he has the right to avoid the performance of his part. As well as he
can claim for any damages caused to him
A contract is voidable when it is concluded through:
i. Coercion
A person shall be considered to have indulged in coercion if he/she, compels any person, to accept
any contract against his/her wills, withholds or threatens to withhold property belonging to him/her,
or threatens to defame him/her, or takes or threatens to take any other action in contravention of
prevailing law.
ii. Undue influence
Undue influence means influence exercised by a person upon another person who is under his/her
influence and is amenable to his/her personal benefit or interest.
The following persons shall be regarded to be under the influence of any person and amenable to
his/her wishes:
A person living under his/her guardianship, protection or custody.
a persons who cannot take care of their interest temporarily or permanently by reason of old
age, sickness or physical or mental weakness.
A person who can be subjected to one's economic or ranking influences.
iii. Fraud
A party to the contract or his/her agent shall be considered to have committed fraud if he/she, leads
the other party or his/her agent to believe the particular matter is true, although he/she knows that it
is false, or suppresses any information in his/her possession, or indulges in any other fraudulent act
punishable under prevailing law, with the intention of deceiving the opposite party or his/her agent.
iv. Deceit/misrepresentation
Any of the following acts shall be taken as deceit:
Submission of false particulars on any matter without reasonable basis for doing so
Misleading any party so as to aggrieve him/her
Causing any wrong deliberately on the matter of contract

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4.4 Significance of a contract

A contract:
i. Makes an agreement legally enforceable
ii. Records the terms of agreement (terms of reference, scope of works)
iii. Specifies the roles and responsibilities of each party of the contract
iv. Specifies corrective measures in case of breach of contract
v. Specifies quantity & quality of work, work schedule and payment schedule & mode
vi. Identifies parties of the agreement, and the official agents/representatives of the parties, if
any.
vii. Sets out, in advance, the course of action to be taken in different foreseeable situations
viii. Defines words and establishes common language
ix. Defines limitations of the contract
x. Defines contract termination procedure
xi. Defines responsibilities of the contracting parties to the third parties like government,
community, workers, sub-contractor, material supplier, unions etc.

4.5 Factors to be considered in preparing a contract document

i. Terms used in the contract document must be defined clearly so that misunderstanding and
misinterpretation cannot be made.
ii. The contract must be fair to all the parties entering into the contract.
iii. The language used in the contract must be clear (unambiguous).
iv. The contract language must be consistent. Same word, phrase or abbreviation should not have
different meaning in different location.
v. There should be no repetitions, as it tends to create confusion.
vi. Contract information must be retrievable by all the parties entering into contract, whenever
they need it. So multiple original copies of the contract should be prepared.
vii. The terms of the contract should not conflict with existing laws.
viii. All legal provisions to make the contract valid and enforceable should be complied, like
witness, immediate stakeholder (in case of land/property ownership transfer).
ix. Construction contract having longer duration should have price escalation clause.
x. Duties and responsibilities of engineer, contract duration, clause for addition and alteration,
arbitration should be clearly mentioned in the contract.

4.6 Interpretation of contractual clauses

i. If the language in the contract is clear, the words and terms are interpreted on the basis of the
intention of the parties, which is reflected in the contract.
ii. If the words and terms are not used to give special (or technical) meaning, the words and
terms are explained or understood in their ordinary meaning.
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iii. If the words or terms are ambiguous or vague or used to give special (or technical) meaning,
then, outside help is taken in the interpretation of the words.
iv. If any section, clause, paragraph, term or provision of contract is found to be void and
unenforceable by law, such finding shall have no effect upon any other section, clause,
paragraph, term or provision of contract and the same shall be given full force and effect.
v. If the contract is ambiguous, with double meaning, or contains conflicting provisions, such
words, terms or contractual clauses are interpreted in favor of the party who has not drafted
the contract. This rule of interpretation is called contra proferentem (against the offerer) rule.

4.7 Liability under contract, criminal law and tort

Liability is a troublesome responsibility having legal binding or an obligation. A society can legally
impose liability for actions based on a variety of criteria. The following discussion will address three
resulting categories of liability: contract liability, criminal liability, and tort liability.
i. Liability under contract
Contract law imposes liability on a party for promises that the first has made to another party. An
engineer is liable to fulfill all terms of contract. S/he is liable for loss/damage due to breach of
contract clauses. But if there is no contract, legally, there is no liability under this category.
ii. Liability under Criminal law
An engineer is liable to follow all prevailing laws of nation. The breach of law related to design,
construction and implementation of design can result in criminal case, whether there is damage or
not. The state takes legal actions for criminal acts, such as theft or murder, although an individual
member of society may be harmed. Thus, the defendant has a liability to the government/state.
iii. Liability under tort
The kind of negligence that harms unrelated person or property and seeks compensation is a tort
liability. In engineering, engineers while performing their duties may create liabilities because of their
doings. An engineer can be held liable for loss or damage to the customer due to use of
services/products, designed, constructed, or implemented by engineer. S/he is liable even if there is
no specific contract and no laws have been breached.
Tort law is “directed toward the compensation of individuals, rather than the public, for losses which
they have suffered within the scope of their legally recognized interests generally rather than one
interest only, where the law considers that compensation is required”.
The objectives of tort provisions are,
Compensation to the victims of the action or inaction of someone else.
Transferring the cost of injury from the victim to the person responsible for the injury.
Prevention of repetition of harmful action.
Defending the law and rights of victim.

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Vicarious and Partnership Liability

a) Vicarious liability
An employer is responsible for the acts of his/her employee as long as the employee’s acts are within
the person’s job description. Furthermore, employer has to take responsibility for the wrong doings of
his employees even though he has not committed that mistake. This is known as vicarious liability. It
is also called organizational liability.
For example, hospitals are responsible for the acts of their doctors if the acts are within the scope of
employment. But the hospital is not responsible for the doctor’s act when he/she is serving at a
private clinic.
However, employees are also responsible for their acts. Professional regulatory bodies may take away
the abilities to practice.
Three tests are used to ascertain the degree of vicarious liability.
Control test: The more control a company has over a person (employee), the more liable the
company is.
Business integration test: The more the work of a person is integrated into the work of a
company, the more liable the company is for the acts of the person, even if the person is not a
direct employee of the company.
Multiple test: Control test, business integration test, and other related factors are taken into
consideration to determine the degree of liability.
b) Partnership liability
It refers to the liability of the partners in tort. The partners of a company are liable for the acts of one
(or more) of its other partners.

4.8 Duties and liabilities of designers and professionals

Engineers and Architects as professional have following duties and responsibilities:

a) Fitness for Purpose
It should be noted that the design of an engineer should reasonably fit the purpose for which the
design is intended for. The suitability and fitness of materials including their quality need to be
confirmed by the designer and if required, should go for test and verification.
b) Negligent miss-statement
The designers and professionals are expected not to make any negligent or unsubstantiated
misstatements. They may be liable for the statements made by them if the person relying on their
statement suffers damage.
c) Complying with regulatory requirements
It is the duty of the designers and professionals to make themselves fully aware of the applicable
statutes, bylaws and regulations/codes related to their professional practice.

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d) Rightly Examining the Site Condition

The designer should clearly and adequately examine the site, above and below the ground before
designing a structure. Otherwise he/she may be liable for faulty design.
For example, if the site is found to have been used for illegal dumping of hazardous chemicals in the
past the designer should be aware of its impact on the users of the designed building.
e) Public and private rights
The design of a project should not contradict with the public and private rights of the client and
others who may be affected by the design implementation.
f) Plans, drawings and specifications
A designer should prepare complete set of plans, drawings and specifications of each components,
regardless of what is what is written in the contract. Incomplete sets of deliverables will make the
designer liable. All documents and drawings should bear the signature of the designer.
g) Materials (quantity, quality and availability)
A designer should select the best/optimum material for construction. Recommendation of a specific
material which turned out to be not suitable can put the designer in difficult position.
The details of the quantity and quality of materials to be used in a project should also be specifically
mentioned. The availability of the materials should be kept in mind while selecting the material types.
h) Novel, risky design and employers’ interference in design
A designer may choose to make novel or risky design and may decide to incorporate employer/client’s
idea in the design. However, the designer is ultimately responsible for the safety & fitness for purpose
of the design implementation.
A designer may not be spared from legal action on the excuse of employer’s interference in design.
i) Revision of design during construction
Revision of design during construction is allowed, and often practiced. However, the designer is
ultimately responsible for the safety, fitness for purpose and the appropriateness of the revised
design.
j) Miscellaneous
Interpreting for the contractors the meaning of the drawing and specification.
Keeping accurate books and records/documents.

4.9 Conditions for establishment of professional negligence (duty, breach,

proximity cause and damage)

Negligence
Negligence is a “conduct which falls below the standard established by law for the protection of
others against unreasonable risk or harm”. In other words, negligence is doing something which a
prudent and reasonable man would not do.

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'Professional negligence' represents a special case of negligence in which society holds members of a
profession responsible for not meeting a standard of care and competence.
In order to establish liability for damage, the courts analyze the following four elements, each of
which is defined below:
a) Duty
The most general duty under tort law is to exercise 'reasonable care' to avoid harm to others. A
person has obligation (duty) to all other persons at all times. The root of negligence (neglect) is the
absence of care or attention on the doing or omission of a given act. People have the responsibility to
exercise reasonable care toward others. The law of negligence seeks to assign liability for damages to
parties due to of the failure of others to be sufficiently careful of their interests.
b) Breach
The breach of duty is required for behavior to be considered as negligence in the legal sense. Breach
is a failure to fulfill the obligation of reasonable care under standards established by society
(generally).
c) Proximate cause
Proximate cause requires a sufficiently close relationship of the breach of a duty to the harm suffered
by a specific victim. This requires that the breach be more than simply a necessary condition for the
damages. A defendant will not be held responsible for all damages which are 'caused in fact' by
his/her conduct. Proximate cause addresses whether the defendant was under a duty to protect this
particular plaintiff (person who makes a formal complaint against somebody in court), against the
particular event that injured the victim.
d) Damages
The plaintiff must have actually suffered damages to recover compensation from the defendant. That
does not mean that the defendant was not negligent, but tort law generally is intended not to punish
negligent behavior itself, but to compensate 'innocent' parties for the harm suffered due to
negligence of others.
It is entirely possible that a professional exhibits negligent behavior, but will not be held liable (under
tort law) for his/her negligence, if there was no harm or loss to others. That does not make the
behavior less negligent, just less costly.
Thus, a defendant may be found liable when defendant breaches a duty of care to the plaintiff and
the breach of that duty is the immediate cause of loss or harm to the plaintiff (“damages”). In order to
be awarded compensation by the court, a plaintiff must prove all the above four elements, namely
that the defendant had a duty to the plaintiff, that it was breached, and that breach of duty was the
proximate cause of the loss/damage to the plaintiff.

4.10 Types of business enterprises: sole, partnership and limited company

Business may be defined as human activity directed toward producing or acquiring wealth through
buying or selling services or goods or works.
Types of Business enterprises
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a) Sole Proprietorship Firm

In this type of business concern, single person establishes, manages, organizes and controls the whole
business and is also singly liable towards the profit and loss of the business. This type of firm can be
established under Private Firm Registration Act 2014. As its name suggests, it is registered in the
name of a person.
Characteristics:
i. Sole ownership, management and control: A single person establishes, owns, manages and
controls all aspects of the business.
ii. No separate existence of business and owner: Owner and business do not have separate
identity. The owner represents the business and insolvency of owner dissolves the business.
iii. Unlimited liability: The sole owner is liable to pay debt not only from business property, but
also from personal property, if needed.
iv. Ownership and risk: The owner bears sole risk and owns total profit.
v. Individual capital investment: Capital is invested by owner only from personal property.
vi. Freedom of Occupation: The owner can choose occupation which is best suited to situation.
The business is easy to form and less capital needed.
vii. Limited area of operation: Due to limitation of financial and human resources, the area of
operation is limited.
viii. Less legal formalities: The requirements to establish and operate sole business concern are
much less compared to other forms of business.
ix. Voluntary origin and end: The owner can start and end business, by fulfilling certain legal
formalities.
Advantages:
i. Easy to form or establish
ii. Effective management and control
iii. less legal formalities
iv. Easy to dissolve
v. High flexibility
vi. Quick decision making
vii. Sole claim on profit
viii. Secrecy possible
ix. Benefit of inherited goodwill
x. Credit Standing
xi. Direct relationship with customer
xii. Social and National advantage
xiii. Stability and Continuity
Disadvantages:
i. Unlimited liability
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ii. Limited capital

iii. Limited management
iv. Limited area of operation
v. Absence of legal status
vi. Chances of wrong/impractical decisions
vii. Lack of specialization
viii. Loss in the absence of a key person
ix. Uncertain future
x. Low public trust
b) Partnership Firm
Partnership firm is the association of the people who agree to share benefits and liabilities as agreed.
This type of business organization is registered under the Partnership Act 2020.
Characteristics:
i. Plurality or association of more than one person
ii. Joint ownership
iii. Unlimited liability
iv. Sharing of profit and loss
v. Established on the basis of agreements and between the persons
vi. Partners do not have separate existence/individual identity
vii. Joint management and control
viii. Joint agentship
ix. Partnership right cannot be transferred/shares cannot be transferred
Advantages:
i. Easy to form: relatively easy to form and register than limited company
ii. Capital and credit: better than Sole Business Concern
iii. Advantages of Division of Labor: each partner can lead in his/her specialization
iv. Integration of Ability and Skill: Knowledge, ability and skill of multiple investors/partners can
be utilized
v. Incentive to work hard: Since profit is to be shared only among partners, there is incentive to
work hard
vi. Flexible: mode of business can be changed based on changes in market situation, without
much difficult
vii. Safeguard of the interests of minorities: Decisions are normally taken with consent of all.
Hence, smaller partners also have equal say in decision making.
viii. Reduced risk: Risk is reduced, compared to Sole Business Concern, as risk is distributed among
partners.

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ix. Possibility of Expansion: Partners can be added, which increases possibility of more fund for
expansion of works.
Disadvantages:
i. Unlimited liability: Partners are individually and jointly liable for the full amount of loss.
ii. Uncertain existence: Partnership business can suddenly collapse due to conflict among
partners or due to sudden demise of a partner or due to certain action of a partner.
iii. Limited resources (financial and human): Compared to a joint stock company, the resources
are limited in partnership business.
iv. Possibility of misunderstanding/disagreement and friction among the partners: Due to
different interests of each partner, there is possibility of misunderstanding/disagreement and
conflict/friction among partners, which can impact negatively
v. Difficulty in transferring ownership: Consent of other partners is required for transfer of
ownership, so one partner cannot sell his/her ownership to anyone whom he/she likes.
vi. Slow decision making compared to Sole Business Concern: Decisions are made by consent, so
the decision making can be slow.
vii. Less public faith: Financial status statements are not made public and hence there is less
public faith in partnership business firm.
c) Limited Company
Limited company is established under the act of the country and has limited liability. Finance is
collected through issuance of shares. Company is considered as an artificial legal person. Company
Act 2053 regulates the incorporation of a company in Nepal.
Characteristics:
i. Voluntary association of persons: Company is a voluntary association of persons for business.
ii. Legal artificial person: Company is an artificial legal entity (person). It can purchase and sale
properties in its own name. It can sue and can be sued.
iii. Perpetual existence: Action of one particular shareholder does not affect its continuity.
iv. Limited liability: Shareholders are owners of the company, but their liability is limited only up
to the amount of their share.
v. Common seal: Company uses a specific seal for all its official business/transactions.
vi. Capital collected by distributing shares: capital needed for expansion of business is raised by
issuing shares
vii. Transferability of shares: ownership shares can be sold to anyone interested to purchase.
viii. Management by representatives: management board is formed by election of shareholders’
representatives, and is managed as per stated rules rather than by whims of owners
ix. Publication of financial statements: Company needs to publish or circulate its financial
statements to the public or to its shareholders and has to conduct annual general meeting.
Advantages:

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i. Limited liability
ii. Perpetual existence
iii. Transfer of shares
iv. Effective management
v. Unlimited capital
vi. Public faith
vii. Unlimited business capability
Disadvantages:
i. Difficulty in formation, lengthy legal and formal process
ii. Lack of personal interest
iii. Lack of secrecy
iv. Possibility of fraud
v. Exploitation of share holders
vi. Groupism for power (Office politics)
vii. Conflict of interest
viii. Absence of prompt decision
Limited Company can be further divided as:
i. Private Limited Company
- Number of shareholders is limited to 50 and a minimum of 2 numbers.
- This type of company can’t issue public shares.
- These are usually owned by family members.
- They can’t trade their share and debt securities in organized stock exchange.
- Members of the firm are not liable for any financial obligation to its credit holders in case of
dissolution of company.
ii. Public Limited Company
- Public limited company shall have a minimum of 7 share holders and there is no upper limit
regarding the number of shareholders.
- These companies have minimum share capital and they must have minimum 2 directors.
- Company offers liquidity to the shareholders. So, it can easily raise the capital and must give
accurate and reliable information to the investors.
- They can sell their shares to the general public.
- Company is listed on the stock exchange and its shares are traded on the stock exchange.
- Company can raise the funds from the public by issuing authorized shares.

4.11 Intellectual property right (Copy right, patent, design and trademark)

Intellectual Property are original creative works that have economic value and are protected by law. It
covers patents, designs, trademarks and copy rights. Intellectual property also includes certain
related fields, such as trade secrets and the right of publicity. Trade secret law protects confidential
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information that belongs to a business and gives that business a competitive advantage. For example,
the formula for making the soft drink Coca-Cola is a trade secret protected by intellectual property
laws. Right of publicity law protects the right to use one’s own name or likeness for commercial
purposes. For example, a famous athlete may profit by using his or her name to endorse a given
product.
The legal rights given to the creators of such properties are called intellectual property rights.
Intellectual property laws reward the creators of original works by preventing others from copying,
performing, or distributing those works without permission. Without intellectual property laws, it
would be easy to duplicate original works and sell them for very low prices, leaving the original
creators without any chance to secure economic rewards for their efforts. The Intellectual property
laws 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.
In Nepal, the laws relating to intellectual property rights are
i. Patent, Design and Trademark Act 2022 (1965), amended in 1987 and
ii. Copyright Act 2059 (2002).
Intellectual property is also much easier to copy than it is to create. It may take many months of work
to write a novel or computer program, but with a photocopy machine or a computer others could
copy the work in a matter of seconds.
a) Patent
PDT Act 2022 has defined patent as “any useful invention based on new principle or formula, or any
new way or method of construction, operation or transmission related to substance or a body of
substance”. The invention must be novel and useful. An idea alone is not patent able; the idea or
principle must be reduced to something physical.
To protect the right over the patent, a person should make registration of the patent under the Act.
Once registered, the right over the patent is protected for 7 years (plus two extensions, each of 7
years). The registered patent should not be used or copied without obtaining the written permission
of patent holder, until the period as protected by law. The law breaker can be fined up to Rs. 500000
and confiscation of the related items, and up to Rs. 250000 for committing an attempt of an offence.
The patent right is transferrable. Patent rights may also be licensed, on an exclusive or a non exclusive
basis. Usually royalty fee is charged based on a percentage of sales of the patented product,
A patent right cannot be granted if:
i. The patent is already registered in another person’s name
ii. The patent was not invented by the applicant and the right to patent has also not been received
from the inventor
iii. The patent is likely to produce adverse effects on health, conduct and morality of the citizen or
on national interest
iv. The patent is against the existing law
For registration of the patent, a person shall submit application mentioning the following:

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i) Name, address and occupation of the inventor.

ii) The process and types of transfer of ownership from the inventor.
iii) The process and method of making and using the patent.
iv) The principle or formula, in which the patent based on.
v) Full description of the patent along with map, drawing and application fee.
b) Design
The PDT Act 2022 has defined design as a feature, pattern or shape of a substance made by following
any means.
To protect the right over the design, it should be registered under the act. A registered design can be
used by someone else only with specific written permission of the design right holder, until the design
right duration expires. The right over the design is protected for 15 years (5 years plus two extensions,
each of 5 years).
The breach of the design right constitutes a fine of up to Rs. 50000 and confiscation of the related
items.
The design right cannot be issued if,
i. the design was already registered by someone else, and
ii. the design is likely to have adverse impact on the conduct or morality of a person or institution
or on national interest.
c) Copyright
Copyright is the sole right to produce or reproduce the work. As per the Copy Right Act 2059, the copy
right can be provided to the author of the works that are related to the following.
i. Book, pamphlet, article, and research paper
ii. Drama, opera, poetry, plays
iii. Musical compositions with or without words
iv. Audiovisual works , motion pictures
v. Architectural design
vi. Painting, sculpture, wood carving, lithography and architecture related other works
vii. Photographic works
viii. Works related to applied art
ix. Excerpt, maps, plan, three dimensional works related to geography, topography, and scientific
writing and articles
x. Computer software programs
All the works mentioned above are protected under the copyright act 2059 (2002) but the
descriptions or explanation of ideas, religion, news, concept, formula, court decision, administrative
decision, folk songs, folk stories, general statistics, even if they are included in any work, cannot be
copyrighted.

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The registration is not mandatory for exercising copyrights but they can be registered if desired.
Copyright subsists for a term equals to the life of the author and a period of fifty years after the
author’s death.
The author or the owner of the copyright shall have the following rights:
i. Reproduction of the work
ii. Translation of the work
iii. Modification or revision of the work
iv. Mixing of the works including changes
v. Selling or renting the original or copies of the work
vi. Importing the copies of the work
vii. Presentation and broadcasting of the work
viii. Public transmission of the work
Depending on the degree of infringement of the copy righted material, the penalty can range from Rs.
10,000 to Rs. 100000 or imprisonment up to six months or both for the first offense. Besides, the
offender shall be liable for compensation of the damages caused by his/her act.
However, the copy righted materials can be used without permission in the certain circumstances
as under:
i. A portion of the work for personal use, as long as it does not hamper the economic right of the
copy right holder.
ii. For public cause or academic purpose, portion of a published materials may be used with
proper citation of the source, provided that the use does not directly benefit (economically)
the user of the copy righted materials.
iii. Libraries and archives can reproduce the works for general purpose.
d) Trademark
Trademark means the use of any word, sign or picture or combination of them by a firm, company or
person to identify their goods, products or services and distinguish from those of the others. An
essential feature of a valid trademark is its distinctness.

Trademarks help consumers to identify goods they have used and enjoyed in the past as it
distinguishes goods of one manufacturer from the others. It also allows consumers to avoid goods
and services that they dislike. Examples of well-known trademarks include Coca-Cola for soft drinks,
Kodak for film, Nike for footwear, and Microsoft for software.

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Anyone can protect their right over the trademark by registration of the same. The registered
trademark should not be used or should not imitate to give false impression. Trademark rights never
expire, so long as a merchant continues to use the trademark to identify a given product. However, it
is subjected to renewal (7 years in each renewal).
The trademark will not be registered if,
i. the trademark has already been registered by someone else and
ii. the registration will have adverse impact on the conduct or morality of a person or institution or
on national interest.
The breach of the trademark right constitutes a fine of up to Rs. 100000 and confiscation of the
related items.

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Chapter 5: Conflict and dispute management

5.1 Levels and sources of conflict

5.1.1 Conflict
Conflict is a disagreement through which the parties involved perceive a threat to their needs,
interests or concerns. It refers to some form of friction, arising within self, between people, groups,
organization or countries.
The conflict may be expressed through verbal denigration, accusations, threats, or through
physical violence to persons or property. Or the conflict may remain unexpressed, as in avoidance and
denial.
There are different approaches towards conflict, some of which are briefly discussed below.
i. Traditional: negative approach; harmful for organizational health and should be avoided
ii. Behavioral: Conflict is inevitable outcome of behavioral interactions. Conflict cannot be avoided,
and hence should be accepted.
iii. Interactionist: Conflict is necessary and encourages conflict for effectiveness of the operation.
Conflicts within a manageable limit are beneficial.
Conflict can have both pros and con and is thus further divided into two categories, namely functional
(constructive) and dysfunctional (destructive). The conflicts supporting goals of the group that helps
in performance improvement is constructive conflict. The differences are communicated and
respected and issues are openly addressed. The one hindering group performance is of destructive
type. Conflict becomes destructive once people begin expressing anger audibly through their word
choices, tones of voice, and is visible through their gestures.

5.1.2 Levels of conflict

a) Intrapersonal conflict
Conflict occurring within the self is called intrapersonal conflict. It takes place in human’s mind and is
related to how you feel and view yourself. This may arise because of difference in goal and role of
individual and personal values.
b) Interpersonal conflict
Conflict occurring between two or more persons basically due to communication gap and perceptual
differences; can be due to differences in goal, role, values, culture, communication gap
c) Inter group conflict
Conflict occurring between the groups because of differences between them is called inter group
conflict. It may occur in sharing resources and implementation of conflicting reward and punishment
system.

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d) Inter organizational conflict

Conflict occurring between organization because of various issues related to organization functioning
such as competition, is called inter organizational conflict.
e) International conflict
Conflict occurring between countries is called international conflict. The causes of conflict may be
energy security, water security, land, food, religion, political ideology, climate change and also
industrial and business.

5.1.3 Sources of conflict

a) Personal differences/Personality clash
All work environments are made up of differing personalities. Conflict will occur, when the ideas,
values, culture and customs of a person (or persons) are incompatible with other persons in an
organization. If no one understands and accepts each other’s approach to work and problem solving.
b) Goal and role incompatibility
When the ideas, values, culture and customs of a person (or persons) are incompatible with the goal
of an organization or assigned role of the person in the organization.
c) Organizational climate and change
When the work environment and rules of an organization are unpredictable, and when the rules or
managers or owner of the organization suddenly change, conflicts occur. It might also occur when one
or more individuals within a work unit are not working up to potential and such issues are not
addressed in time.
d) Gender and other social differences
When the work environment and rules are designed to favor employees from a particular socio-
cultural background or particular gender, conflict can arise. The change in the moral norms of a
society and man’s hope, aspirations and demand, attitude of old and new generations may also lead
to conflict.
e) Availability and access to resources
When the availability of resources is limited and/or unevenly distributed, conflict is bound to occur.
Employees feel they have to compete for available resources in order to do their job.
f) Communication gap
Different communication styles can lead to misunderstanding between employees or between
employee and organization. So, conflicts occur when there is communication gap.

5.2 Conflict resolution methods: avoidance, diffusion, containment.

Confrontation, conciliation, mediation and litigation

Conflict resolution methods are highly effective at managing conflict at work and improving the
organizational working environment. Ignoring conflict does not make it go away. So, conflict

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management strategies should be used to improve the workplace for all stakeholders. Some of the
common methods are discussed below.
a) Avoidance
This method suggests avoiding conflict by ignoring or suppressing it. This strategy puts the conflict on
the 'back burner' to be dealt with at a later time (often with the hope that the issue will disappear on
its own). It believes in the saying “time will heal”. This is most often used when the conflict is not a
large issue.
b) Diffusion (resolve)
Here, conflict is tried to deactivate through distraction and defusing into multiple sectors.
c) Containment
Conflict is allowed to bring into notice in a controlled manner and is resolved through discussion and
bargaining.
d) Confrontation
Conflict related issues are brought out in front of all concerned persons and the needs of the parties
in conflict are addressed. Conflict resolution takes place through open dialogue, face-to-face meeting,
open bargaining, and resorting to legal process, if needed.
e) Conciliation
Conciliation is a way of resolving disputes between two or more parties through a third party
(conciliator). Conciliator meets with the parties separately in an attempt to resolve their differences.
Conflict is resolved through mutually agreed terms and conditions, “give and take” approach, without
direct involvement/participation of outsiders (conciliator), even though he/she assists in bringing the
parties together.
f) Mediation
Mediation is similar to conciliation but here, mediator works together with the parties as a partner to
assist them in finding the best solution. Mediators do not decide or judge, but instead becomes an
active driver during the negotiation between the parties. Mediator may express a view on what might
be a fair or reasonable settlement and if all the parties agree, the mediator may do so. Thus, they
assist the parties in reaching optimal solutions.
g) Litigation
Litigation involves the disputing parties going into court to have a judge or jury decide the matter for
them, as per prevailing laws and rules. Litigation is by far the most costly form of legal conflict
resolution and many should attempt to resolve their differences with a form of alternate dispute
resolution prior to going down that path.

5.3 Dispute resolution methods: adjudication and arbitration

5.3.1 Dispute
Disputes are inevitable in construction projects and in engineering professional works. Dispute
resolution procedures are normally mentioned in the conditions of contract. The Public Procurement
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Engineering Professional Practice

Act 2063 (PPA 2063) and Public Procurement Rules 2064 (PPR 2064) have provisions for dispute
resolution. If the parties in dispute cannot resolve the dispute through mutual consensus (amicable
settlement), then:
• For works of value up to Rs. 100 million, disputes shall be settled by sole adjudicator.
• For works of value above Rs. 100 million, disputes shall be settled by a Dispute Resolution
Board (DRB) consisting of three members.
• If the parties cannot settle dispute through adjudicator or DRB, then the dispute shall be
resolved through arbitration or litigation (court).

5.3.2 Adjudication
The adjudication is “a quick and relatively inexpensive way of resolving a dispute, whereby an
impartial third party adjudicator decides the issues between the parties”. It is considered as one of
the intermittent and/or alternative mechanism for resolution of dispute related to construction
contract in Nepal. An independent third party, called adjudicator, awards the decision. It is quicker
and inexpensive mechanism of dispute resolution, compared to arbitration and litigation, normally
taking less than 30 days.
For works above 100 millions, dispute is settled through Dispute Adjudication Board (DAB). The list of
members of the DAB is included in the contract and it consists of three members, nominated as
specified in the contract. The remuneration of DAB members are shared equally by contracting
parties. The DAB shall give reasoned decision within a specified limit which shall be binding on both
parties. If either of the party is dissatisfied with the decision, he may give notice of dissatisfaction to
the other party within the specified time.
The Public Works Directive (PPD) and the Public Procurement Act (PPA 2063) have provisions for
dispute resolution through adjudication.

5.3.3 Arbitration
If dispute cannot be settled through adjudicator or DAB within time specified, the dispute shall be
settled through arbitration. Arbitration is a normal process where dispute emerged between parties is
resolved outside the established court by the legally appointed person or an institution under the
consensus of the parties. The arbitrators have full power to open up, review and revise any
certification, instructions, opinions or valuation of Consultant and any decision of the DAB relevant to
the dispute. The decision made by arbitrator shall be final and binding on both contracting parties.
Arbitration is preferred over litigation on following grounds.
i. It is a private alternative to formal court procedure.
ii. The arbitrators are normally technical experts.
iii. Less time consuming
iv. Less expensive
v. No public hearing, so low publicity (which is normally preferred by the parties)
vi. Less formal, hence more convenient to the parties of dispute
The PPA 2063 has recognized arbitration as a means of dispute resolution. The Arbitration Act 2038
governs the arbitration process in Nepal. Nepal Council of Arbitration "NEPCA" has been providing
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Engineering Professional Practice

arbitration services in Nepal. However, in Nepal, most of the disputes go to court, or settled out of
court through mutual consent, even after arbitration, by ignoring the arbitrators’ decisions.
Conflict vs. Dispute
i. Dispute is a short-term disagreement that can result in the disputants reaching some sort of
resolution; it involves issues that are negotiable. Conflict is long-term with deeply rooted issues
that are seen as “non-negotiable”.
ii. If left unchecked and unexplained, a dispute can easily turn into a conflict. But conflicts rarely
revert to disputes without intervention. When multiple disputes and arguments are left to fester
the result can often lead to conflict.
iii. Douglas Yarn: conflict is a state, rather than a process. People who have opposing interests,
values, or needs are in a state of conflict, which may be latent (meaning not acted upon) or
manifest, in which case it is brought forward in the form of a dispute or disputing process. In this
sense, "a conflict can exist without a dispute, but a dispute cannot exist without a conflict.“
iv. Dispute settlement is a temporary settlement of an immediate problem; conflict resolution is a
long-term settlement of an underlying long-running conflict.

Difference between Mediation, Adjudication, Arbitration and Litigation

Mediation Adjudication Arbitration Litigation

Definition Negotiation through a Disputes submitted to Disputes submitted Process of making a

third party (mediator) an adjudicator for to an arbitrator for civil claim in a court
binding decision a binding decision. of law.

Time Generally 1-2 days for Much shorter than May take months/ Longest period
simple cases. arbitration and years. because of backlog
litigation, normally 30 of cases in court.
days to decide.

Cost Lower than Lower than Higher than Expensive because it

arbitration arbitration cost mediation takes a long period.
because of faster
hearing

Confidentia Private Private unless Private but may Public, judgment is

lity decision enforced become public if reported.
through court. court intervenes.

Formalities Very informal Less formal than Less formal than Formal, rigid, strict
arbitration. litigation. and evidential.

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Engineering Professional Practice

Involveme Mediator; facilitates Adjudicator controls Arbitrator controls A judge controls

nt of third the process but content and outcome content and outcome of
party and parties control of proceedings; outcome of proceedings; parties
control by content and outcome. parties control choice proceedings; have no control over
parties of adjudicator and parties control choice of judge and
process. choice of arbitrator legal proceedings.
and process.

Degree of High; parties work Low because decision Medium; because Low because
parties together to reach a is imposed by outcome is decided judgment imposed
satisfaction win/win outcome. adjudicator by arbitrator. by court
with
outcome

Communic Mediator usually Parties participate in General parties

ations communicates with proceeding. May prohibition against communicate
one party without the proceed ex-parte if ex—parte through lawyers
presence of the other. respondent doesn’t communication.
participate.

Certainties More certainty of Certainty in getting Certainty in getting Certainty in getting a

of achieving settlement decision. Decision an award at the judgment at the end
achieving than in arbitration may be replaced by end of the of trial.
settlement arbitration/litigation. arbitration.

Ex-parte – legal term defined as one of the involved parties are not present or not represented

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Engineering Professional Practice

Chapter 6: Case studies related to practice of Engineering profession

As the title of the chapter suggests, the case studies can be taken from a wide range of topics. Hence
the students are suggested to download case studies related to professional ethical issues from the
internet and study them to understand the details.
Many ethical problems are encountered by engineers in the course of their professional life.
Ethicalcasesmayinvolve
Public safety: prevention of and protection from events that could jeopardize the safety of the
general public from significant danger, injury, harm, or damage, such as crimes or disasters (natural or
man-made).
Bribery: Act of implying money or gift given that alters the behaviour of the recepient.
Fraud: Intentional deception made for personal gain or to damage another person.
Environmental protection: Practice of protecting the environment
Fairness: Being free from bias or injustice
Honesty in research and testing: Avoiding falsification of data, adoption and reproduction of another
author without due acknowledgment, etc.
Conflicts of interest: Occurs when an individual or an organization involves in multiple interests

Somebasicguidelinesinanalyzingcasestudies
 Read the question carefully, paying attention to adjectives.
 Analyze the case from ethical, moral, social, legal and professional angle, and assign
role/responsibilities of each party involved in the case.
 Base your analysis, wherever appropriate, on professional code of conduct of any professional
organization. Do not forget to specifically mention code, if you can.
 Many cases involve conflict of interest (COI); if the case you are dealing with is related to COI,
specifically mention it.
 If specific laws are applicable, perform legal analysis and mention the law.
 Make your recommendations impartially, thinking of you as an impartial judge, considering
existing social, technical, legal and professional codal provisions.

Examples/hintsinansweringcasestudyquestions
Question 1
A client came to a designer and asked to design a multistoried building. The soil type of the proposed
site was found not suitable for that type of structure. The designer hesitated to design the building.
The client said that he actually was not going to build that structure. He wanted to collect money
from outside sources showing that design as a proposal for his venture and wanted to utilize that
money in other business. Explain the roles of the client and the designer in the perspective of
professional ethics. (15)

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The answer should cover the answer to the following questions.

Role of Client and Designer
Is the intention of the client legal?
Is the intention of the client moral?
Is the intention of the client ethical?
Morally, ethically, and legally, what should the designer do after knowing the real intention of the
client?
Should the client be penalized for telling the “real intention” to the designer?
Should the designer refuse to design? If yes, why? If no, why?
Should the designer refuse to design and just keep quiet, in relation to NEC code of conduct on
“politeness and secrecy of client”)?
Should the designer just submit a design and keep quite because what the client does with the
design is none of the designer’s business, in relation of NEC code of conduct on Professional
Responsibility?
Should the designer design with piles (or other suitable foundation design) to make the structure
suitable for the type of soil, even though it will increase the cost of the building and the client will
not be able to “sell” the building project, which will prevent the client from abusing the money
from outside sources?
Since the client is not going to build the structure anyway which does not increase hazard from
the building to anyone, what is wrong in just providing a design, as a hypothetical case?
Should the designer refuse to design and inform the government officials about the client’s
intention, in relation to NEC code of conduct on “politeness and secrecy of client”)?
Should the designer refuse to design and inform the media, or write an article in the newspaper,
about the intention of the client, in relation to NEC code of conduct on “politeness and secrecy of
client” and SCAEF Code of Conduct on “Safeguarding client’s confidential information?
As long as the design is structurally sound, is the designer responsible (morally, ethically, legally)
for what the client does with the design, in relation of NEC code of conduct on Professional
Responsibility?

Question 2
A recently built simply supported RCC roof slab of a single storied poultry farm in Chitwan, collapsed
and killed all the chickens in the farm. The farm owner blamed the labor contractor for the defective
work. The contractor denied and accused the client for providing low quality and inadequate amount
of rusted steel bars for the roof slab. The farm owner then asked for compensation from the steel bar
supplier (for inferior quality bars) and the consultant (for improper supervision during construction).
The bar supplier defended herself by saying that the farm owner bought the cheapest rusted bar from
her which has no guarantee. The consultant reported that the cause of the roof collapse is the use of
very dirty water in mixing the concrete and rusted steel bar, provided by the farm owner and used by
the contractor despite objections from the consultant’s site supervisor.

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Analyze the situation carefully and decide which party (client, contractor, and consultant) is more
responsible or less responsible for the roof collapse. Explain your decision with reference to the
Professional Code of Conduct of Nepal Engineering Council and the Federation of Contractors’
Association of Nepal.
Things to notice before assigning degree of responsibility:
Client:
i) Did only labor contract with the contractor, supplied materials on her own
ii) Supplied low quality rusted steel bars (thinks all steel bars are same and rusted bars do not
have effect)
iii) Supplied inadequate quantity of steel bars (shows no faith in design details)
iv) Supplied dirty water for concrete mixing, despite objections from consultant (thinks water
quality does not affect concrete quality)
Contractor:
i) Worked with low quality rusted steel bars, knowingly. Thought that contractor is not
responsible for material quality since it is only labor contract.
ii) Tied inadequate numbers of steel bars (increased steel bar spacing), knowingly. Thought that
contractor is not responsible for material quantity since it is only labor contract.
iii) Used very dirty water to mix concrete, knowingly, despite objections from consultant.
(Reference: The FCAN Code of Conduct Number 10 says “Since inferior quality works of a
contractor defame all the contractors, no one shall be involved in unhealthy competition and
inferior-quality works”.)
Consultant:
i) Did not or could not stop client from supplying low quality rusted steel bars
ii) Did not or could not stop contractor from tying inadequate number of steel bars
iii) Did not or could not stop client and contractor from use of very dirty water to mix concrete
iv) Reported the problems only after roof collapse and after client’s compensation claim
(As per SCAEF Code of Conduct, consultant should be “loyal to the client” and should “protect interest
of the client”)

6.1 Cases involving public safety, industrialization and protection of

environment

6.1.1 During quality control visit in a remote village, it has been found that a building is being
constructed on the bank of a river and it will be damaged due to flood. Approximately 25% of
the construction was completed. The survey was done by your friend with the consent of the
local people. However, the quality of construction was as per the specification. Your job is
limited to control the quality of building only. Discuss the case and recommend your views on
whether to continue the construction or not.

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Engineering Professional Practice

6.1.2 A client came to a designer and asked to design a multistoried building. The soil type of the
proposed site was found not suitable for that type of structure. The designer hesitated to
design the building. The client said that he actually was not going to build that structure. He
wanted to collect money from outside sources showing that designed as a proposal for his
venture and wanted to utilize that money in other business. Explain the roles of the client and
the designer in the perspective of professional ethics.
6.1.3 The Changunarayan Temple, which is enlisted in the World Heritage Sites List, is at high risk
after landslides occurred on the east and west sides of the temple following incessant rains.
According to Temple Priest, Mr. C. Rajopadhyaya, the landslide has reached near the west side
of the Temple. Rajopadhayaya complained that concerned line agencies have shown any
interest to protect the Temple when it is at high risk of landslide. Locals said this situation
came about with the failure of the local administration to stop the rampant mining of sand and
stones from the Manohara stream and deforestation in Changunarayan Hill, going on since
long.
Sand smuggling at the Manohara stream should be stopped to save the Temple from the risk
of landslide, said Rajopadhayaya. Ms. A. Nakarmi, Chief of the Department of Archeology,
Bhaktapur, said they have been informed of the landslide and they would inspect the area
soon. Central Office of the Department of Archeology has asked its local office to submit a
report on the extent of the damage to the Temple structure caused, which they will submit
after monitoring the area, said Ms. Nakarmi.
Discuss the situation of the parties involved in this case.

6.2 Cases involving conflict of interest, personal integrity and personal privacy

6.2.1 As a consulting engineer you were asked to monitor a water supply project financed by an
NGO and handled by local water users committee at Gulmi district. The project was to be
completed by the end of May, 2015; otherwise the donor would stop the payment. When you
visited the site at the middle of May, you found that the project was not completed. The users
committee requested to submit the completion report so that they could finish the work after
sometime and will be beneficial to 100 household of the project.
Answer the following questions.
a) In your opinion, who is/ are responsible to finish the project in time?
b) Do you think, the local users committee must be reformed?
c) Water is basic need for the people. As an engineer, what is your role to continue the
project and to finish it in time?
d) Discuss different options for the engineer in reporting the project progress status,
considering personal integrity.

6.2.2 Top Engineering College (TEC), a government organization, wanted to install management
information system (MIS) software at TEC to increase its efficiency and enhance quality
education. TEC asked Er. Sabhasad Bahadur (SB), a full time TEC teacher and a part time
software developer at Sosoft Consult, to prepare a detailed technical specification and to
publish a tender notice. TEC’s technical evaluation committee, headed by Er. SB, awarded
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Engineering Professional Practice

highest mark (99 out of 100) to Sosoft’s technical proposal. Sohard Consult’s proposal scored
the high mark in overall evaluation (technical plus financial), but Er. SB recommended the TEC
management to select Sosoft for the MIS project. Before any decision was made, Sosoft
increased the warranty period and expressed readiness to negotiate price of MIS if annual
maintenance contract is also awarded to them, which was a very attractive offer for TEC.
You are the decision maker at TEC. Analyze the situation carefully and prepare a list of options
along with potential consequences of each, and make a decision with appropriate justification.
6.2.3 Read the case carefully and answer the question given:
Contractor of a road construction project (RCP) sponsored a 5-day-training to the Department
of Road’s Engineer Mr. Dhruba Raj Sharma to be held at New Delhi. Mr. Sharma is a site
engineer of that RCP.
Question: Assume that you are Mr. Sharma, the site engineer of RCP. Do you participate in the
training to be held at New Delhi? Explain clearly taking adequate reference why or why not?
Also discuss the possible issues associated with this event.

6.3 Cases involving professional negligence (duty, breach, proximate cause and
damage)

6.3.1 Er. Dharm Nath Sharma has designed a single storied residential building as per client’s
(Tapendra Sharma) requirements. Construction of the building completed in 2004 and the
building worked well. In 2006, the client decided to add two more floors so as to use the floors
as class rooms for tuitions. For this new work, the design was prepared by Architect Sima
Shrestha and it was approved by Kathmandu Municipality also. The construction completed on
2008.
After completion of this construction, the client rented both the floors for garment factory.
Workers worked from early in the morning to late night. After few months, local people
opposed it saying that they are producing noise till late night and it created problems for the
children. Due to conflict between garment owner and local people, the environment of that
area became worse. Local people suggested to the garment owner to close the factory after 6
P.M. but garment owner and Tapendra did not listen to them. Local people closed the factory
and nearly 20 workers whose economic condition is very poor, lost their job.
Furthermore, house owner noticed cracks on ceiling and walls .The house owner made a claim
against garment owner demanding compensation of Rs. 5 lakh which was the estimated repair
and maintenance cost of the building and loss suffered by him.
Questions:
a) Do you think it is ethical to add two more floors on the already designed single storied
residential building?
b) Discuss Sima Shrestha and Kathmandu Municipality’s position with duty and negligence.
c) In your opinion, how the conflicts can be resolved?

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Engineering Professional Practice

6.3.2 A number of cracks, structural as well as settlement appeared in a building designed by an

engineer within two years of its completion. Municipality had approved the design and
drawing. Later it is found that without any soil investigation, structural design and detailing of
reinforcement report had been prepared during the construction of the building.
a) Discuss the position of the house owner.
b) The engineer’s role.
c) The role of the Municipality
d) Who is ultimately responsible for the damage?

6.4 Cases involving breach of duty, criminal law and tort

Read the case carefully and explain clearly, taking adequate reference, who should be liable.
The plaintiff was a factory worker in the defendant's factory. The factory become flooded and
management did every possible to remove the effects of the flood. However the factory floor
was still slippery from the flood. The plaintiff who was walking on the floor, fell and suffered
injury. He sued the defendant in the tort of negligence.
The plaintiff, who had only one good eye, was employed by the defendant. The defendant
failed to provide goggles to the plaintiff for his work. While working, the plaintiff injured his
one good eye and sued his employer.
Two appellants were cooks employed by the respondent in the respondent's restaurant. They
suffered severe burns on 13 March 2015 when an explosion occurred in the restaurant kitchen
because of a defective gas cylinder.

6.5 Cases involving breach of NEC’s code of conduct

6.5.1 A recently built simply supported RCC roof slab of a single storied poultry plant in Chitwan,
collapsed and killed all the chickens in the farm. The farm owner blamed the labor contractor
for the defective work. The contractor denied and accused the client for providing low quality
and inadequate amount of steel bars for the roof slab. The farm owner then asked for
compensation from the steel bar supplier (for inferior quality bars) and the consultant (for
improper supervision during construction). The bar supplier defended herself by saying that
the farm owner bought the cheapest bar from her which has no guarantee. The consultant
reported that the cause of the roof collapse is the use of very dirty water in mixing the
concrete, which was provided by the farm owner and used by the contractor despite verbal
objections from the consultant’s site supervisor.
Analyze the situation carefully and decide which party (client, contractor, and consultant) is
more responsible or less responsible for the roof collapse. Explain your decision with reference
to the Professional Code of Conduct of Nepal Engineering Council and the Federation of
Contractors’ Association of Nepal.

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Engineering Professional Practice

6.6 Cases involving breach of Public Procurement Act and Public Procurem ent
Regulation

6.6.1 An engineer is posted as a project manager of a new hydropower project of NEA. The first
work was to excavate soil for foundation of boundary wall of planned project office area. After
discussing with engineer friends from the same area, he called a reliable local contractor and
asked him to provide rate of earthwork excavation. Since the rate was reasonable, a contract
was signed and work started immediately. After completing first phase of work, which
consisted to excavation work worth Rs. 1 million, the engineer measured the work, found the
work to be satisfactory, and a bank cheque of Rs. 1 million was provided to the contractor.
Answer the following questions, with proper reference.
a) Was everything done as per the Public Procurement Act?
b) Were any laws of Nepal breached in the process of contract awarding and payment of the
contractor?

6.7 Cases involving breach of Intellectual property rights and copyrights

6.7.1 A fresh engineering graduate (Engineer A) with a specialization in water resources, looking for
a job is approached by a senior engineer from the Department of Groundwater Development
(DoGD). The DoGD engineer asks Engineer A to conduct a district wide study of the inter-
linkage between groundwater and surface water at Rupandehi District, Nepal and also
provides a sample of a report to be produced as the end product of the study. Engineer A finds
that the sample report is based on a superficial study, with all the related data taken from
western countries, and requests for permission from the DoGD engineer to visit the site and
collect field based data. The DoGD engineer refuses, saying that the budget to complete the
study is very low, asks Engineer A to prepare the report with data taken from text books or
other reports and assures that Engineer A will not face any problem since the contract to
conduct the study was obtained by a consulting company registered in the name of the DoGD
engineer’s spouse, and the DoGD engineer himself is responsible to check the quality of the
report.
Answer the following questions with appropriate justification.
a) Is it moral and ethical for Engineer A to accept the assignment and follow the suggestions
of the DoGD engineer?
b) Should Engineer A do his/her best and use data from other reports and text books to
prepare the report?
c) Should Engineer A refuse to accept the assignment?
d) Should Engineer A accept the assignment, collect the relevant documents from the DoGD
engineer and then report the case to CIAA?
e) Will Engineer A face any problem if he/she just follow the suggestions of the DoGD
engineer?

6.8 Cases involving abuse of position and authority

6.8.1 Engineer Mohit was appointed as an engineer by District Development Committee (DDC) of
Nuwakot. He was assigned an alignment survey for a proposed road connecting A VDC to B
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Engineering Professional Practice

VDC. He went for alignment survey and completed his task. During survey, he used his
professional skill and knowledge. After alignment survey, a group of Peoples’ Hak Party (PHP)
protested at DDC stating that (a) Engineer Mohit has touched his 5 Ropanis of land through
proposed road alignment to increase value of his land and (b) Engineering Mohit also included
in his alignment survey a small piece of land of Mr. Ranabir because of his personal conflict
with Ranabir some 10 year ago. On these ground the alignment survey shall be discarded and
need a survey and also need to take action against Engineer Mohit.
Answer the following questions using adequate reference.
a) What Er. Mohit should have done?
b) What the DDC should do?
c) Did Er. Mohit abused his position and authority?

OldExamQuestions

1. A number of cracks, structural as well as settlement appeared in a building designed by an

engineer within two years of its completion. Municipality had approved the design and drawing.
Later it is found that without any soil investigation, structural design and detailing of
reinforcement report had been prepared during the construction of the building.
i. Discuss the position of the house owner.
ii. The engineer’s role.
iii. The role of the Municipality

2. Dharm Nath Sharma has designed a single storied residential building as per client’s (Tapendra
Sharma) requirements. Construction of the building completed in 2004 and the building worked
well. In 2006, the client decided to add two more floors so as to use the floors as class rooms for
tuitions. For this new work, the design was prepared by Architect Sima Shrestha and it was
approved by Kathmandu Municipality also. The construction completed on 2008.
After completion of this construction, the client rented both the floors for garment factory.
Workers worked from early in the morning to late night .After few months, local people opposed
it saying that they are producing noise till late night and it created problems for the children. Due
to conflict between garment owner and local people, the environment of that area became worse.
Local people suggested to the garment owner to close the factory after 6 P.M. but garment owner
and Tapendra did not listen them. Local people closed the factory and nearly 20 workers whose
economic condition is very poor, lost their job.
Furthermore, house owner noticed cracks on ceiling and walls .The house owner made a claim
against garment owner demanding compensation of Rs. 5 lakh which was the estimated repair
and maintenance cost of the building and loss suffered by him.
Questions:
a. Do you think it is ethical to add two more floors on the already designed single storied
residential building?
b. Discuss Sima Shrestha and Kathmandu Municipality’s position with duty and negligence.
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Engineering Professional Practice

c. In your opinion, How the conflicts can be resolved?

3. Mr. Ram Lal Sharma is an electrical engineer. He designed an electrification work for Electronics
Department of Pulchowk Campus. The design was done for 15 staff rooms. Two years later, the
department decided to establish a departmental library and for this purpose, partition walls of 3
rooms were dismantled and made them one big hall to use as library reading room. The
illumination for the hall was found inadequate to read in the evening.
Questions:
a. Discuss the position of Ram Lal Sharma? Do you think, he is responsible for the inadequate
illumination to read in the evening? If not, then who is responsible for such problem? Explain
with the reference of duty and negligence?
b. As an electrical engineer, suggest to Electronics Department of Pulchowk Campus to solve this
problem.

4. As a consulting engineer you were asked to monitor a water supply project financed by an NGO
and handled by local water users committee at Gulmi district. The project was to be completed by
the end of May, 2010; otherwise the donor would stop the payment. When you visited the site at
the middle of May, you found that the project was not completed. The users committee
requested to submit the completion report so that they could finish the work after sometime and
will be beneficial to 100 household of the project.
Answer the following questions.
a. In your opinion, who is/ are responsible to finish the project in time?
b. Do you think, the local users committee must be reformed?
c. Water is basic need for the people. As an engineer, what is your role to continue the
project and to finish it in time?

5. The Changunarayan Temple, which is enlisted in the World Heritage Sites List, is at high risk after
landslides occurred on the east and west sides of the temple on Wednesday following incessant
rains. According to the priest at the Temple, Chakradharanand Rajopadhyaya, the landslide has
reached near Chandra Surya shrine on the west side of the Temple. Rajopadhayaya complained
that no bodies concerned have shown any interest to protect the Temple when it is at high risk of
landslide. Locals said this situation came about with the failure of the local administration to stop
the rampant mining of sand and stones from the Manohara stream going on since long.
At first, sand smuggling at the Manohara stream should be stopped to save the Temple from the
risk of landslide, said Rajopadhayaya. Ms. Aruna Nakarmi, Chief of the Department of Archeology
and Palace Management Office, Bhaktapur, said they have been informed of the landslide and
they would inspect the area on Friday. Central Office of the Department of Archeology has asked
its local office to submit a report on the extent of the damage to the Temple structure caused,
which they will submit after monitoring the area, said Nakarmi.
Discuss the situation of the parties involved in this case.
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Engineering Professional Practice

6. Read the case carefully and answer the question given:

Contractor of a road construction project (RCP) sponsored 5-day training to the Department of
Road’s Engineer Mr. Dhruba Raj Sharma to be held at New Delhi. Mr. Sharma is a site engineer of
that RCP.
Assume that you are Mr. Sharma, the site engineer of RCP. Do you participate in the training to be
held at New Delhi? Explain clearly taking adequate reference why or why not? Also discuss the
possible issues associated with this event.

7 During quality control visit in a remote village, it has been found that a building is being
constructed on the bank of a river and it will be damaged due to flood. Approximately 25% of the
construction was completed. The survey was done by your friend with the consent of the local
people. However, the quality of construction was as per the specification. Your job is limited to
control the quality of building only. Discuss the case and recommend your views on whether to
continue the construction or not.

8 A student got NQ in the ABC subject and barred him to seat in the final exam conducted by the
university. The students claimed to the teacher that he didn't find the opportunity to make up this
NQ giving the betterment exam. Student threats teacher and teacher felt uncomfortable to
continue the classes' keeping such tension on the mind. How can you judge the role of student
and teacher in this case?

9 A client came to a designer and asked to design a multistoried building. The soil type of the
proposed site was found not suitable for that type of structure. The designer hesitated to design
the building. The client said that he actually was not going to build that structure. He wanted to
collect money from outside sources showing that designed as a proposal for his venture and
wanted to utilize that money in other business. Explain the roles of the client and the designer in
the perspective of professional ethics. (PU 2003)

10 Engineering Mohit was appointed as an engineer by District Development Committee (DDC) of

Nuwakot. He was assigned an alignment survey for a proposed road connecting A VDC to B VDC.
He went for alignment survey and completed his task. During survey, he used his professional skill
and knowledge. After alignment survey, a group of "Hooldanga" Political Party (HPP) protested at
DDC stating that (a) Engineer Mohit has touched his 5 Ropanis of land through proposed road
alignment to increase his value of land and (b) Engineering Mohit also included in his alignment
survey a small piece of land of Mr. Ranabir because of his personal conflict with Ranabir some 10
year ago. On these ground the alignment survey shall be discarded and need a survey and also
need to take action against Engineer Mohit.
What Er. Mohit should have done?
What DDC should do?

11 Read the case carefully and explain clearly, taking adequate reference, who should be liable.
The plaintiff was a factory worker in the defendant's factory. The factory become flooded and
management did every possible to remove the effects of the flood. However the factory floor was
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still slippery from the flood. The plaintiff who was walking on the floor, fell and suffered injury. He
sued the defendant in the tort of negligence.

The plaintiff, who had only one good eye, was employed by the defendant. The defendant failed
to provide goggles to the plaintiff for his work. While working, the plaintiff injured his one good
eye and sued his employer.

Two appellants were cooks employed by the respondent in the respondent's restaurant. They
suffered severe burns on 13 March 2009 when an explosion occurred in the restaurant kitchen
because of a defective gas cylinder.

12 A fresh engineering graduate (Engineer A) with a specialization in water resources, looking for a
job is approached by a senior engineer from the Department of Irrigation (DoI). The DoI engineer
asks Engineer A to conduct a district wide study of the inter-linkage between groundwater and
surface water at Rupandehi District, Nepal and also provides a sample of a report to be produced
as the end product of the study. Engineer A finds that the sample report is based on a superficial
study, with all the related data taken from western countries, and requests for permission from
the DoI engineer to visit the site and collect field based data. The DoI engineer refuses, saying that
the budget to complete the study is very low, asks Engineer A to prepare the report with data
taken from text books or other reports and assures that Engineer A will not face any problem
since the contract to conduct the study was obtained by a consulting company registered in the
name of the DoI engineer’s spouse, and the DoI engineer himself is responsible to check the
quality of the report.

Should Engineer A follow the instruction of the DoI engineer? Why and Why not?

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Four ethics case studies related to Electrical and Computer engineering

Case I: Flawed Intel microprocessor
In late 1994, the media began to report that there was a flaw in the new Pentium microprocessor
produced by Intel. A flaw in the Pentium was especially significant since at that time it was the
microprocessor used in 80% of the personal computers produced worldwide. Apparently, flaws in a
complicated integrated circuit such as the Pentium are not uncommon. Most of these flaws cannot be
detected by the user and do not affect the operation of the computer. The flaw that was discovered
in 1994 was different. It caused incorrect answers when performing double-precision arithmetic, a
very common computer operation. The flaw was easily detected by computer users. In fact, it first
came to light when a university researcher noticed that the results of some calculations he was
performing using his PC were incorrect. Many daily newspapers across the country carried this story.

Intel’s initial response was that although there was indeed a defect in the chip, the defect was
insignificant and the vast majority of users would never even notice it. The chip would be replaced for
free only for users who could demonstrate that they needed an unflawed version. Of course, this
approach did not satisfy most Pentium owners since no one can predict whether the flaw might be
significant in a future application. IBM, a major Pentium user, canceled the sales of all IBM computers
containing the flawed chip. Finally, after much negative publicity in the popular personal computer
literature and the daily press, and an outcry from Pentium users, Intel agreed to replace the flawed
microprocessor with an unflawed version for any customer who asked to have it replaced.

It should be noted that long before news of the flaw surfaced in the press, Intel was aware of the
problem and had already corrected it on subsequent versions [1]. They did, however, continue to sell
the flawed chip, and based on their early insistence that the flaw did not present a significant problem
to most computer users, apparently planned to continue this practice until the new version was
available and the stocks of the flawed chip were exhausted. In the aftermath of this, Intel’s approach
to chip flaws has changed. They now seem to feel that flawed chips should be replaced upon request,
regardless of how insignificant the flaw seems to be.
Ethical Issues
This incident can perhaps be viewed as simply a public relations problem not involving any ethical
issues; certainly this was a public relations disaster for Intel. However, there are also some interesting
ethical issues that can be discussed. These include the following.
• Should defects be revealed to consumers? Are there times when it is ethical not to reveal defects? Is
it an ethics problem only if safety is involved?
Suppose a manufacturer places a warning in the literature that comes with a product such as “This
product may contain unexpected flaws and might not operate correctly under all conditions.” Does
this solve the ethical problems for the company?
• How can an engineer be sure that there are no defects in a product? If it is impossible to eliminate
all defects in a product, what level of defects is acceptable? Does this depend on what the product is?

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• What do codes of ethics of professional engineering organizations such as the IEEE say about selling
products that are known to be defective?
• What were the responsibilities of the engineers working on the Pentium chip once they became
aware of the flaw?

Case II: Whistle-blowing BART

In the late 1940’s the foundation for a regional mass transit system for the San Francisco Bay area was
laid, leading eventually to construction of the Bay Area Rapid Transit (BART) system. As envisioned,
BART was to be a high-tech rail system serving many of the communities along San Francisco Bay and
would incorporate new technology, including fully automated control systems for all trains. The
automatic train-control (ATC) system designed for BART was an innovative method for controlling
train speed and access to stations. In most mass transit systems, this function is performed by human
drivers who read trackside signals and/or receive instructions via radio from dispatchers. Instead,
BART relied on a series of onboard sensors to determine a train’s position, and data from a control
center to indicate the location of other trains and information on allowed speeds. None of the control
technologies that were being designed had been previously tested in a commuter rail system. The
contract to design and build the ATC was awarded to Westinghouse in 1967.

The key players in this case were three BART engineers working on various aspects of the ATC. These
engineers became concerned about the lack of testing of some of the components of the ATC, the
lack of oversight of Westinghouse by BART, and the quality of the documentation that Westinghouse
was providing. Unable to get their concerns acted upon by BART management, the three engineers
contacted a member of the BART board of directors indicating that their concerns were not being
taken seriously by management. This action was in direct conflict with the general manager of BART,
whose policy was to only allow himself and a few others to deal directly with the board. The
engineers were confronted by management about whether they were the sources of the leaks about
the problems at BART, and all denied their involvement. After it became clear that they were the
source of the information given to the board, all three of the engineers were offered the choice of
resignation or dismissal. All refused to resign, and were subsequently dismissed on the grounds of
insubordination, lying to management, and failing to follow organizational procedures. None were
able to find work for a number of months, and all suffered financial and emotional problems as a
result. In the course of the legal proceedings, the IEEE attempted to assist the three engineers by
filing an amicus curiae brief in their support. The IEEE asserted that each of the engineers had a
professional duty to keep the safety of the public paramount, and that their actions were therefore
justified. Based on the IEEE code of ethics, the brief stated that engineers must “notify the proper
authority of any observed conditions which endanger public safety and health.” The brief interpreted
this to mean that in the case of public employment, the proper authority is the public itself.
B. Ethical Issues
This case illustrates many of the issues associated with whistleblowing and can be effectively used in a
discussion of when whistleblowing is appropriate and when it is necessary. Issues can include the
following.

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• Was it necessary for the engineers to blow the whistle?

• At what point should an engineer give up expressing his or her concerns? In this case, when several
levels of management appeared to not share the engineers’ concerns, how much more effort did
professional ethics dictate?
• What actions short of going to the board & whistleblowing might the engineers have taken?
• Should the IEEE have intervened in the court case?
• What level of supervision should an organization have over its contractors? Is it sufficient to assume
that contractors are professional and will do a good job?
• One of the perceived problems with BART was a lack of adequate documentation from
Westinghouse. What are the ethical considerations regarding documentation of work?
What responsibility does an engineering organization have after the design is complete?

Case III: LOW-FREQUENCY ELECTROMAGNETIC FIELDS

A. Background
By 1994, several studies had been performed that suggested a link between weak low-frequency
magnetic fields and cancer or other health problems. The effects of these low-level fields, especially
from electrical power distribution systems, first received widespread attention as the result of studies
of childhood leukemia occurrences in residential areas of Denver, CO. These studies indicated that the
incidence of leukemia was correlated to proximity of the child’s home to transformers for residential
electrical distribution. Although the correlation found in this study was small, it was “statistically
significant.” Subsequently, there were many other studies both in the U.S. and Europe trying to verify
these findings including studies of workers exposed to radiation from cathode ray tubes (such as
computer monitors) and workers for electric utilities. The results of these studies were controversial,
and not all research led to the same conclusion. In fact, as more refined and controlled studies were
performed, the harmful effects of the fields seemed to diminish. Laboratory studies were also
initiated to determine the biological effects of low-frequency magnetic fields. These were typically
performed on cell cultures or laboratory rodents.
The results of these studies were conflicting and inconclusive, and since no studies had been
performed on humans, the relationship of any results to human health was debatable. These studies
presented engineers with a problem: how to design safe products without fully understanding the
nature of the dangers. A wide variety of common household items had been found to emit significant
magnetic fields, including toasters, electric blankets, and even the clock radio sitting at many
bedsides. Some products could be redesigned to reduce or eliminate this problem, but of course any
design which will lead to reduced emission will probably cost more.
More recently, the evidence for health effects of these fields has been reviewed by panels of several
professional societies. Both the IEEE and the American Physical Society have concluded that there is
no evidence indicating that there are any harmful effects, although critics suggest that both of these
organizations have vested interests in obtaining this finding. It seems that for now the concern over
low-frequency electromagnetic radiation was unfounded.

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B. Ethical Issues
This case illustrates the experimental nature of engineering and sparks good discussions on issues
regarding safety and risk.
• What was an engineer in the early 1990’s to do when designing a product that emitted magnetic
fields?
• What is the prudent and ethical thing to do when performing a design in an atmosphere where
some doubt about safety exists?
• If there are potential, but not well understood, hazards in building a product, what are the future
consequences of doing nothing, i.e., of making no changes in design? Will warnings to the consumer
suffice to get the designer off the hook? Must the product be engineered to be totally safe at all
costs?
• How can an engineer best balance safety with cost in this case?
• In light of the findings of several professional organizations that indicate that there is no hazard
associated with low-frequency magnetic fields, what should an engineer do today when designing
products that will emit this type of radiation?

Case IV: PARADYNE COMPUTERS

Although this case involves computer technology that is very outdated by modern standards, the
issues raised are still pertinent.
A. Background
On June 10, 1980 the Social Security Administration (SSA) published a request for proposals (RFP) for
computer systems to replace the older equipment in its field offices. Their requirement was for
computers that would provide access to a central database that was used by field offices in the
processing of benefit claims and in issuing new social security numbers. SSA wanted to purchase an
off-the-shelf system already in the vendor’s product line rather than a custom system. In March 1981,
SSA let a contract for $115 million for 1800 computer systems to Paradyne Corporation.
Problems occurred immediately upon award of the contract when the Paradyne computers failed the
acceptance testing. The SSA subsequently relaxed the requirements so that the Paradyne computers
would pass. After delivery, many SSA field offices reported frequent malfunctions, requiring manual
rebooting of the system. Subsequent investigation by SSA indicated that the product supplied by
Paradyne was not an off-the-shelf system. In Paradyne’s response to the RFP, they had proposed
selling SSA their P8400 model with the PIOS operating system. The bid was written as if this system
already existed. However, at the time that the bid was prepared, the 8400 system did not exist.
The RFP stated that there was to be a pre-award demonstration of the product, and specifically
prohibited the demonstration of a prototype. Paradyne demonstrated to SSA a different computer, a
modified PDP 11/23 computer manufactured by Digital Equipment Corporation (DEC) placed in a
cabinet that was labeled P8400. Many of the DEC labels on the equipment that was demonstrated to
SSA had Paradyne labels pasted over them. Paradyne claimed that since the DEC equipment was
based on a 16 bit processor as was the P8400 they proposed, it was irrelevant if the machine

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demonstrated was the DEC or the actual P8400. There were also questions about the operating
system. Apparently at the time of Paradyne’s bid, the PIOS operating system was under development
as well, and had not been tested on a prototype of the proposed system.
This situation was resolved after nearly two years when the Paradyne computers were finally brought
to the point of functioning as required.
B. Ethical Issues
This case can be used to illustrate the pitfalls of competitive bidding, both from the point of view of
the organization soliciting the bids and the company responding to the request for bids. Among the
issues are the following.
• In preparing their bid, Paradyne wrote in the present tense as if the computer they proposed
currently existed, rather than in the future tense which would have indicated that the product was
still under development. Paradyne claimed that the use of the present tense in their bid (which led
SSA to believe that the P8400 actually existed) was acceptable since it is common business practice to
advertise products under development this way. Is there a distinction between a response to a bid
and company advertising?
• Paradyne claimed that they were acting as a system integrator, which was allowed by the RFP, using
components from other manufacturers to form the Paradyne system. These other components were
mostly off-the-shelf, but had never been integrated into a system before. Does this meet the SSA
requirement for an existing system?
• Once the Paradyne machine failed the initial test, should the requirements have been relaxed to
help the machine qualify?
• If the requirements were going to be modified, should the bidding process have been reopened to
the other bidders, and others who might now be able to bid? Should bidding be reopened even if it
causes a delay in delivery and increased work for SSA?

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Question patterns:

Case studies with solution hints:

1) A factory was using a chemical in making a product. The storage tank of the chemical waste, which was hazardous
to health and environment, had a leakage. During inspection Er. A came to know leakage that had already taken
place that might cause adverse impact on health and hygiene of the surroundings. You informed your boss about
the event. Considering the possible social objection he requests you to be silent on the issue and also hints you
that you may have to be out of the job if the case would go into the hands of social reformers. If you were Er. A,
what you would do? Discuss.
Solution:-
Tips 1) Engineering, more than any other profession involves social experimentation. Often one engineer’s
decision affects the safety of countless lives. It is, therefore, important that engineers constantly
remember that their first obligation is to ensure the public’s safety.
Tips 2) Engineering is a profession. A profession is that which is acquired through a specialized training or
education having certain skill those ordinary men does not poses. Because of professional’s knowledge
and skill that ordinary people do not possess and because of they use their knowledge and skill for the
benefit of people and society as a whole, professionals do have high recognition in the society.
Furthermore, their professional practices are also subjected to public evaluation and hence a
professional‘s work cannot be remained as a personal matter.
Tips 3) Professional engineers shall have proper regard in all their work for the safety and welfare of all persons
and for the physical environment affected by their work.
Tips 4) Fundamental ethical values of code of ethics, which are universal in practice: Protection of life and
safeguarding people; sustainable management and care for the environment
Tips 5) Professionals committing unethical/immoral acts are subjected to a disciplinary action if not institutionally
(as in case of Nepal) but by the public and their public image will become very low.
Tips 6) With reference to above discussions, I will be ready to quit the job, but I won’t stay silent on that case
which is hazardous to public and environment.
2) You are appointed as a consulting engineer in a project where your best friend is supplying material. The
community people knew the fact and asked you to quit the job because you cannot control the quality of the
material. How do you cope with this situation? Discuss ethical aspects related to this situation.
Solution:-
Tips 1) Professionals are bound by code of ethics. They are not free to act as what they desire. Personal &
professional behaviors are controlled by code of ethics prepared by professional association/societies.
Tips 2) Professional engineers shall acts for their clients or employers as faithful agents or trustees and also act
independently & with fairness & justice to all participants.
Tips 3) With reference to above ethical aspects & background, situations have to be dealt. I will convince the
community that whoever supplies the material, it does not matter. Quality of material will always be
thoroughly checked /verified /tested /measured in accordance to specifications provided to supplier.
Regardless of these logic, if community does not convince, with due respect to my profession I will
quit the job.
3) A trial bridge (suspension bridge) over the Bheri river at Shubhaghat near Mehalkuna bazaar of Surkhet district
collapsed on 25th December,2007. The collapse of the bridge claimed some 18 people’s life and it is speculated
that about 70 persons are missing in the Bheri River. The mishap happened while a large crowed of people
(some eye witnesses claims 500 to 600 persons) were crossing the bridge to participate in a local fair on the
other side of the bank. The bridge is located at about 10 Km NorthEast from the Chhinchu bazaar. The span of
the bridge was 187 meters and was completed construction in the fiscal year 2063/64 (July 2006/June 2007).
This was constructed by DDC-Surkhet, supervised by DTO- Surkhet and the consultant was FACE Consultant,
Kathmandu. The contractor was the DC Nirwan sewa,Nepalgunj. The fabricator of all the elements of the bridge
was Hulas Steel Industries,samara. Nepal government has announced to conduct detail investigation of the
incident. Initially, it was assumed that the bridge failed due to overload. Prior to the incident, the DTO technician
 had allegedly instructed the contractor to tighten up the nuts of the bulldog grips of the main cables. The
Chairperson of the Fair Management Committee has been quoted to say that the contractor has not tightened
the nuts as was required. Preliminary investigations by the SBD engineers seem to indicate that the bridge failed
due to faulty bulldog grips. How would you judge the incident on the ground of professional ethics?

Solution:-
On the ground of professional ethics, the culprits of the incident have been mentioned in prime order as below:
Tips 1) Consultant: Professional engineers shall have proper regard in all their work for the safety and welfare of
all persons and for the physical environment affected by their work. On this ethical background,
consultant should thoroughly verified/supervised/checked each and every aspects of the constructional
activities and should instructs concerned contractor to rectify faulty works/design immediately
otherwise works should be stopped instantly. This does not seem to be happened.
Tips 2) Supervisor – DTO: Since professional practices are concerned with public safety, welfare of all persons
and for the physical environment affected by their work and also subjected to public evaluation.
Supervising office seems to be unaware of problems regarding nuts of bulldog grips on time.
Tips 3) Contractor: Contractor should have followed the instructions and tighten up the nuts of bulldog grips
immediately. But this action seems to be lack.
Tips 4) Owner: Having knowledge of technical/design fault in the construction of bridge, owner should not have
opened the bridge to the public unless the rectifications have been completed.

4) Er. Satyaman Shrestha was working as a project engineer in a road project in Chitwan. Er. Ramesh Thapa, close
friend of Satyaman was alos working as site engineer in the same project for a construction company.
Construction was in full swing. Ramesh and Satyaman were tired every day after the work. Almost every day,
Ramesh proposes Stayaman for drinks and good foods in the restaurant after work. After few days of work
Satyaman noticed that the ratio of cement mortar used in the stone masonry was 1:6 instead of 1:4 as per
design. Similarly, there was 1:3:6 ratio of mixture instead of 1:2:4 as per design in the PCC and RCC works.
Satyaman complained of this and asked for the reason. Ramesh told to Satyaman that the strength required for
the construction is still safe in the mortar of 1:6 and concrete of 1:3:6 and also this is only the means to cover
the overheads of entertainments and other financial benefits, Ramesh did this. As this action does not affect
the quality of work, Ramesh requested Satyaman to stay silent on this matter and assured Satyaman that he
would be responsible for all the consequences arising if any. How would you judge the role of Satyaman and
Ramesh in ethical ground?

Solution:-
Role of Satyaman & Ramesh in ethical background:

Tips 1) Role of Ramesh:

 Engineer will not attempt to injure falsely or maliciously professional reputation, prospects or
practice of other engineer.
 Similarly, engineer should practices their work within their realm of expertise, they do so in a
fair and ethical manner, and they should place the good of society above their personal gain.
 Professional engineer shall not be engaged in activities or accept remuneration for services
rendered that may create a conflict of interest with their clients or employers, without the
knowledge and consent of their clients or employers.
 With reference to above ethical scenario, Ramesh fails to do so and his act seems to be
unethical and immoral.
Tips 2) Role of Satyaman:
 If Engineer has proof that engineer has been unethical, illegal or unfair in his practice, he
should be advise to proper his practice of authority.
 Similarly, engineer should practices their work within their realm of expertise, they do so in a
fair and ethical manner, and they should place the good of society above their personal gain.
 Professional engineer shall not be engaged in activities or accept remuneration for services
rendered that may create a conflict of interest with their clients or employers, without the
knowledge and consent of their clients or employers.
  Regarding above ethical scenario, Satyaman should advise and request Ramesh to be ethical
and practice his authority properly.

5) In a construction project for which you are the consultant’s supervising engineer, the contractor requests you
for preparing his running bill of works done, and assuring you to pay a handsome amount for your work, as his
engineer recently quit the job. How should you respond? Explain your arguments. Write five most important
rule of conduct for a professional engineer considering code of ethics prevalent in Nepal.

Solution:-

Tips 1) Professional engineer shall not be engaged in activities or accept remuneration for services rendered that
may create a conflict of interest with their clients or employers, without the knowledge and consent of
their clients or employers.

Tips 2) Professional engineers shall acts for their clients or employers as faithful agents or trustees and also act
independently & with fairness & justice to all participants.

Tips 3) With reference to above ethical aspects & background, I will not prepare the running bill for the
contractor. If I intended to prepare, it will be against code of ethics and immoral and may be viable for
liability.
Tips 4) Most important rule of conduct for professional engineer:
 Public safety and welfare
 Competence and knowledge
 Sealing and signing
 Faithful agent and trustee
 Conflict of interest

6) Both Mr. Shyam Lal and Ram Lal, consultant engineers, applied on the floor of the building during their
inspection visit, which was under construction, causing serious injury. During investigation it was revealed that
the floor was not constructed as per design and specification making it slippery. The flooring work was
subcontracted to Mr. Hari on Mr. Shyam lal’s recommendation. Who is to blame? Give reasons.
Solution:-
Mr. Shyam Lal should take responsibility for the incidents with reference to the following ethical backgrounds

Tips 1) Professional engineer shall have proper regard in all their work for the safety and welfare of all persons
and for the physical environment affected by their

Tips 2) Lack of proper inspection and supervision

Tips 3) Professional engineer shall not be engaged in activities or accept remuneration for services rendered
that may create a conflict of interest with their clients or employers, without the knowledge and
consent of their clients or employers.

7) A RCC bridge was designed by the designer on behalf of consultant. This was constructed by the reputed “A”
class contractor. After the completion of the construction, traffic was allowed on the bridge. After six months of
operation there were cracks in the bridge. A probe team was established by road department. The design
procedure was okay, but it was found that the quality of steel material used was not duly tested. The contractor
argued that the procedure of construction was in accordance with the instruction of engineer and specification,
however, the workmanship was found not as per specification. There was also lack of proper supervision by the
consultant. The design load for the bridge was 20 tons. It was also reported that there happen to pass more than
20 tons vehicles also. The consultant was good friend of contractor. Being a member of probe team, what is your
judgement on the failure of this bridge?
Solution:-
Being a member of a probe team, major responsibility for the failure of RCC bridge must be taken by both
consultant and contractor, which will be my verdict on the following ethical and practical aspects.
 Tips 1) Professional engineers shall have proper regard in all their work for the safety and welfare of all
persons and for the physical environment affected by their work. On this ethical background,
consultant should thoroughly verified/supervised/checked each and every aspects of the
constructional activities and should instructs concerned contractor to rectify faulty works/design
immediately otherwise works should be stopped instantly. This does not seem to be happened.
Tips 2) Contractor should have followed the detailed specification instructions regarding workmanship and
other necessary details.
Tips 3) Professional practices are concerned with public safety, welfare of all persons and for the physical
environment affected by their work and also subjected to public evaluation.

8) Engineer Ramesh Shrestha was working with the contractor in the mega construction project (say construction
of multi-dimensional underground business complex in Kathmandu). You were given responsibility to control
quality of work in the site. The construction company had maintained confidentiality of the incentives and
salary of employees and the state of quality of work as a management tools. One day, Ramesh happen to come
to the office of executive engineer Sudhir, from site.Er. Sudhir was not in his office. While waiting for Er. Sudhir,
Er. Ramesh went through the computer of executive engineer. He opened entire confidential file of incentives
and salaries of employees in the computer. He found differences in the level of salaries and incentives to
different employees. In the mean time Er. Sudhir came to his room and found Ramesh looking confidential file
on the computer. Sudhir was not happy with Ramesh for this act. How do you judge the conduct of Ramesh in
the ethical ground? How should Sudhir react with Ramesh for this behavior?
Solutions:
I think conduct of Ramesh was unethical and immoral with respect to ethical practices as summarized below.
Sudhir should respond it seriously and he should advise, instruct and guide Er. Ramesh regarding the ethical
practices mentioned below immediately so that those sort of incidents never happen again.
Tips 1)
 Professional engineer shall take care that credit for engineering works is given to those
directly responsible for
 Engineer will not attempt to injure falsely or maliciously professional reputation, prospects or
practice of other engineer.
 Similarly, engineer should give due regards to all professional aspects of the engagement
 Professional engineer will not review the work of other engineer for the same client except
with the knowledge of such engineer
 Engineer shall not disclose confidential information without the consent of their clients or
employers, unless the withholding of information is consider contrary to the safety of the
public

9) You are working as a engineer from a consulting firm in Pokhara. Your friend Mr. Ram is working as a project
engineer from contractor in the same project. Mr. Ram invites you for dinner every Friday to celebrate ‘good
Friday’ and requests you to share the guesthouse for your accommodation. What would you do? Prepare a case
study based on code of ethics. Make supplementary assumptions if necessary.

Solution:-
I will reject the offer and invitation on following ethical scenario.

Tips 1) Professional engineer shall not be engaged in activities or accept remuneration for services rendered that
may create a conflict of interest with their clients or employers, without the knowledge and consent of
their clients or employers.

Tips 2) Professional engineers shall acts for their clients or employers as faithful agents or trustees and also act
independently & with fairness & justice to all participants.
10) Er.Narendra Shah was working with the contractor in a construction project (say construction of housing
complex in Kathmandu). He was given the responsibilities to control the quality of work in the site.
Incidentally, material supplier (Ramchandra) in the construction is a friend of Narendra. Owing to the road
blockade and other strikes, Ramchandra was facing difficulty in supplying sand and aggregates as per the
given specification. Sand and aggregate materials was available in the close proximity of the site, but it is
slightly substandard. Ramchandra requested Narendra to allow this material to be used for construction.
Ramchandra convinced Narendra that the strength of concrete shall be produced as per specification even
with the use of substandard materials. Ramchandra also offered to share 50% of the cost saved during this
process. How do you judge the conduct of Narendra and Ramchandra on an ethical ground ?(2066)

Solution:-
I think conduct of Narendra was unethical and immoral as he was convinced with Ram Chandra regarding
technical aspects. If Er. Narendra shares 50% of the cost saved due to supply of sub standard sand and
aggregate materials then, it would also be an unethical and breaching the code of ethics issued by
concerned authority. The conduct of Er. Narenda can be dealt in the prospects of context summarized
below.
Tips 1) Professional engineer shall not be engaged in activities or accept remuneration for services rendered
that may create a conflict of interest with their clients or employers, without the knowledge and
consent of their clients or employers.
Tips 2) Professional engineers shall acts for their clients or employers as faithful agents or trustees and also
act independently & with fairness & justice to all participants.
Tips 3) Professional practices are concerned with public safety, welfare of all persons and for the physical
environment affected by their work and also subjected to public evaluation.
Incase of Ramchandra , his approach and behavior is more unethical and his activities reflects that he is not
concerned over public safety and welfare. On above issue, it is not clear whether Ramchandra is an engineer
or not. If Ramchandra is an engineer , then his conduct can be dealt with reference to code of conduct &
code of ethics, and conclusion will be drawn that his conduct is unprofessional and unethical and he is not
aware of his engineering skill and knowledge.
11) During quality control visit in a remote village, it has been found that a building is being constructed on the
bank of river, and it will be damaged due to flood. Approximately 20% of the construction was completed.
The survey was done by your friend with the consent of the local people. However, the quality of
construction was as per specification. Your job is limited to control the quality of the building only. Discuss
the case and recommend your views on whether to continue the construction or not. (2067)
Solution:
I will recommend to stop the construction work despite the work is running according to specs. Though
there are several measures to mitigate the flood, the building which is constructed near bank of river is
always vulnerable to damage & possibility of washed away. So rather taking risk, it is better to stop the
construction work although the 20% work has been completed. Money must not & won’t be a prime &
important factor as compare to human life & safety.
Surveyor as my friend should not have design the building in such a vulnerable area. He should have
convinced the public (despite the consent given by people) regarding the possibility & scale of damage to be
abided by the village people. He should be aware of his professional code of conduct & liabilities of his duty.
It is also a fact that characteristics & its flow pattern of the flood are well known by surveyor than village
people.
Surveyor conducts shall be deal with following context
Tip) Professional practices are concerned with public safety, welfare of all persons and for the physical
environment affected by their work and also subjected to public evaluation.