Module 5 -Business Organizations and E-Governance Major Topics Sole Traders, Partnerships: Companies: The Company's Act: Intraduction, Formation of @ Company, Memorandum of Association, Articles of Association, Prospectus, Shares, Directors, General Meetings and Proceedings, Auditor, Winding up. E-Governance and role of engineers in E-Governance, Need for reformed engineeri serving at the Union and State level, Role of I.T. professionals in Judiciary, Probl raf Alienation and Secessionism in few states creating hurdles in Industrial — Lecture1 (Sole Traders, Partnerships) 1. Industrial Ownership © = The terms industrial ownership, business organization, forms of ownership of industry, types of business enterprise, types of ownership etc convey the same meaning. There are several types of businesses prevailing around the world. Each bi ants ganizations have their own characteristics. 3 ‘ «Single ownership (Individual or Sol oprit rrship) «Joint Hindu Family «Joint stock companies S 1.1 Types of ownership: Private Sector = Cooperatives 1.1.1 Sole Traders or angie: ‘One man owns this type of business. The business man invests capital, employs labour and machines. For example 1, Retail-shops. 2. Workshops etc. The single owner invests, maintains and controls the entire business. Hence all gains or loss. from business goes to him. It should be noted that he is fully liable for all the debts associated with the business. This type of ownership is easy to establish and simple to run with @ minimum. + Easy formation: Itis very easy to bring the business to existence = Prompt decision making: Owner is prompt in decision making since there is to be consulted + Operational flexibility: The organization is easy to operate and it is extremely flexible + Maintains secrecy: secrecy in business can be maintained by the owner. + Easy to dissolve: The business can be dissolved at any time Page 1 of 31 Scanned with CamScanner+ No coordination. There is no problem of coordination in the organization + Coordination of effort and reward: efforts and rewards are directly related in this type of ownership Disadvantages * Limited Capital: The amount of capital that can be invested will normally be ited + Owner is not a Master of All: The owner of the business cannot be a fall techniques, like management, sales and engineering etc. v «Expanding Business is difficult: It will be difficult to raise capital in order to expand the business i * Sole Responsibility: The owner is liable fore all obligations and sept + Limited opportunities for employees: There will be limited ni to get profit sharing, bonus ete. + Limited Life: The firm ceases to exist with the death of sid omer ‘+ Unlimited Liability: When the business fails, the ess take away the personal . e business. for employees property as well as business property to settle tl 1.1.2 Partnership: Partnership has been sind te Indian partnership act 1932 as the relationship between persons who have agr are profit of a business concern carried on by all or any one of them acting for all. Features + When 2 and up to 2¢ Qy the case of non - banking business and up to 10 in case of banking business enter into a contract to carry on a business allowed by law, with the object of making profit, a partnership is said to be formed. + It should be noted that every partner is liable and responsible for the acts of other partners in iness. To avoid complications at later stages. The constitution of perme written in an agreement form. The partnership is usually optimal if the num rtners are less than 6. Lesser is always better. . sons with good ideas and experience in running a business make partnership . people Who are financially sound. Thus both money and knowledge are brought her to earn profit tnership comes into existence by means of an agreement. This written agreement is. called a partnership deed. Advantages of Partnership: + Easy formation: Formation involves less legal formali stamp duty are considerably less. ies. Registration expenditure and Page 2 of 31 Scanned with CamScanner+ Umited government restrictions: this kind of ownership is not subjected to strict government supervision. Hence, it enjoys more freedom ‘= More capital: More capital can be raised in comparison with sole proprietorship + Knowledge or skill: As the abilities and skills of each partner are different, more knowledge is available to run the business. ‘= Success pays; success of partnership pays high incentive + Legal status: there is a legal status for the firm and it can borrow money quiet easily from banks. + Tax advantages: Partnership has tax advantages with it. As the total inc: ‘among partners. Each partner is assessed separately for income tax + Losses are shared; for all losses, there is more than one person to share it. + Consent of all: no major decisions can be taken without the consent of all partners Disadvantages of partnership Qe refc ‘+ Unlimited liability: Each partner has unlimited are Fe risk involved is more. + Umited period of existence after the death or int of any partners the partnership comes to an end. oy + Limited partners means vere legal cei ae number of partners, the total money that can be ig with respect to the ised is limited when compared to a joint stock company + + Unstable: If anything happens to a pi Ac the partnership comes to a halt. Hence, Partnership is unstable. "oO + Misunderstanding: Misunderstai affects partnership. + Mistakes affects all partn istake of a partner leads to a loss for all the partners + Lack of public confi nership usually does not enjoy public confidence as it lacks proper publicity of its affairs. 1.1.3 Joint Stock carnin A joint stock company is an association of individuals, called shareholders, who join together for and agree to supply capital divided into shares that are transferre le for carrying ‘on a specific business other than banking business A joint stock company consists of more than 20 persons for carrying any business other than the banking business.) ‘There are two types of joint stock companies 1 Private limited company 2. Public limited company friction are common among partners and this A) Private limited company Page 3 of 31 Scanned with CamScannerThe capital is collected from private partners; some of them may be active while others may be sleeping Private limited company restricts the right to transfer shares; avoids public to take shares or debentures. The number of members is between 2 and 50, excluding employees and ex-employee share holders. The company need not file document such as consent of directors, list of directors etc with the Registrar of Joint Stock companies C The company need not obtain from the Registrar, a certificate of commenc ‘The company need not circulate the Balance Sheet, profit or loss < of Aprivate company must get its account audited. 5 A private company has to send certificate along with annual ret ey the Registrar of Joint stock companies stating that it does not have mma than 50 excluding the employees and ex employee share holders. B) Public Limited Company: & In public limited company, the capital is cle cn the public by issuing shares having small face value. (Rs .50, 20,100) we The number of shareholders should not KS than seven but there Is no limit to their maximum number ‘A public limited company soe ih the Registrar of joint Stock companies, documents such as consent of directors, list of director directors contract etc. along with S. memorandum of association of arti Apublic company has to ea Perrecis to the public It has to allot share: nn days from the date of prospectus. It can start only ar ig the certificate to commence business It has to hold statutory meeting and to issue a statutory report to all members and also to the registrar within a certain period. There is ee tion on the transfer of shares. c Directors pany are subject to rotation. The public company must get the account audited every year wipes of Association: This is the main document of a company which defines its objective and lays down its fundamental conditions as per which tre company is allowed to be formed.. It is the character of the company. The company cannot act outside the scope of the powers given te by the memorandum. It gives information to the shareholders, creditors etc regarding the permitted range of activities of the enterprise, it cannot be changed except by following all the prescribed procedures. Liquidation: If liabilities of the company become much more than the assets and when creditors press for the payment of loans it becomes di cult to run the company. At this time Page 4 of 31, Scanned with CamScannerthe company has to dissolve and this is known as liquidation .Liquidation may be voluntary or compulsory or under the supervision of the court. The resources available do not permit the payment, the assets of the company are sold and the amount left after the payment is distributed among the shareholders. 1.1.4 Cooperative societies: This is the most democratic form of business organization for the betterment of the general Public. These cooperative societies help to protect the interest of the customers, small and independent producers and of the workers while fighting against monopolists and capitalists. ‘The members of society supply the capital through shares; they manage the business and share the profit or loss. ye . ‘The forms of cooperative societies are listed below. & ‘+ Customer cooperative societies: Its main cnt eliminate the middleman's profit by directly purchasing things at cheaper rate and then distributing among the members at reasonable price x ciet + Producers’ Cooperative society: supplies raw materials tools and for sale and for the distribution + Marketing Cooperative societ producers organi + Housing Cooperati securing the owne eos for manufactured goods -The society ings to the producers and takes up the output ‘the members. se are voluntary organizations of independent 5 for th e of arranging for the sale of their output. These are association of persons who are terested in lip of the house of obtaining accommodation at a reasonable rate. * Credit Cooperative societies: These are voluntary associations of people with an objective of se short term loans and habit of saving among them. The funds of these societ sist of share capital contributed by members. 1.2 rmeme 'n India prior to independence there was no public sector barring the field of transport and Communication. Railways, Post and telegraph etc were managed by central government since pre independence period Since independence a large number of public enterprises have been established by both central and state government. The Hindustan ship yard, the Hindustan steels, Hindustan Machine tools Bharat Heavy Electricals Indian Telephone Industries; Indian airlines Life Insurance Corporation of india etc are few examples of Public Sector. Page Sof 31 Scanned with CamScannerA public sector enterprise is one that is owned by the state or managed by the state or owned ‘and managed by the state. Public sector enterprises are controlled and operated by the state to producer and supply the goods and services required by the society. Unlimited control of public enterprises remains with the state and the state runs it with a service motto. But a public enterprise is seldom as efficient as a private enterprise. Waste and inefficiency are very ‘common with public enterprises 1.2.1 Corporations & ‘A corporation is very similar to a joint stock company. They are brought into existence by state or central government by special law of the country defining the powers, functions and forms of management and relationship to other government departments. Corporations are fully ‘owned by the Government and are financially self supporting .Chief executive members of the board are nominated by the government. Corporations are formed due to the changed industrial policy of India in April 1948. The manufacture of arms and ammunitions, atomic enerey, railway services post and telegraph, iron and steel production, aircraft manufacturing ship building etc. have fully come under Government control and ownership. . w Types of Corporations Ss + Government departments: 7 * Public Corporations: transport corporat = Government compai Advantages: > a - No nous body and therefore it has the freedom of finance, management and . itty of operation. Ve 3 prompt attention and quick decisions as red tape and bureaucracy of aay defense, post and telegraph dooradarshan etc. state power corporations, Indian airlines, State Road T, BHEL, Hindustan Steel Etc. lepartmental organization are avoided Ministerial directions and control ensures that the corporation is not run against public interest. + Financial autonomy enables the firm to raise the required funds economically and conveniently Disadvantages: Page 6 of 31 Scanned with CamScanner= Autonomy and flexibility are only in name sake as ministers and politicians often interferer in the day today functioning of the organization + As the chief officers are from the government they do not take much interest in improving the functioning of the enterprise. 1.2.2 Joint sector ec Management is a big head ache in case of a government organization. Industrial unrest, strikes and lockauts are the outcome s of ineffective management. Joint sector concept is one means to overcome these difficulties. YS Joint sector means participation of both the government and private industry. with respect to the share capital and management of the u + Joint sector aims at achieving optimal use of the = government finances and the private enterprises maintains the effective of the industry. Ex. Indian il Company. C +The share capital is usually in the ratio of rae all cases the government holds 51% of the shares. + In this set up government nominates the chairman but the managing director is from the collaborating private industry. x Ke as Ss Companies: The Company ! Introduction, Formation of a Company, Memorandum of Associatic Articles of Association, Prospectus, Shares, Directors, General Meetings and Proceedings, Auditor, Winding up. 2.1 The Company's Act: Introduction The awaited new company Act 2013 has replaced the 1956 Act with prime objective to counter the present day challenges and in line with rapid developments, integrations, globalization of financial markets and growing economy of the world. The new act emphasized changes and improvised governance structure business-friendly corporate regulations, modification of e- management, enforcement, share holder protection, enhanced accountability, improved institutional structure, enhanced disclosure norms, efficient merger & acquisition, introduce the role of whistle blowers, one Person Company, and corporate social responsibility (CSR) changes. The Companies Act, 2013 not only simplifies the mergers, acquisitions and restructuring process but also modifying the previous constraint, regulatory body like National Page 7 of 31 Scanned with CamScannerCompany Law Tribunal (NCLT)and facilitates an effective impact on world business environment. New Ini /e and changes: 1. Simplifying procedures for restructuring To provide for a simpler and faster process of mergers and acquisitions, the new Company Act provides following initiative like: {a) Fast track merger {b)Muttilayer investment subsidiaries [section 186]: To prevent money laundering and to ensure transparency , one’s ability to set up multiple investment companies have been restricted. {c) Registered Valuers : For valuation to be made in respect of any property, stocks, shares, debentures, securities, goodwill or other assets or of net-worth or liabilities under 2013 Act, will bbe done by a person registered with the Government as a valuer. Registered valuer shall be appointed by the audit committee. {d) Minority buy-out: The New Act has introduced new 6 provisions relating to minority buy- back which will provide greater flexibility to the promoters/ acquirer in realigning the control and management. The key provisions like purchasing capacity of share holder having more than 90% holding, act under the SEBI Regulations, price determined by a registered and provision of delisting guideline etc. 2. Outbound merger: 2013 Act introduced provision for an Indian company to be merged with a foreign company and vice versa which will require prior approval of RBI under FEMA rule. 3. New types of companies permitted: One person company (OPC) whose paid-up share capital does not exceed INR 0.5 crore or whose turn over does not exceed INR 2 crore would be a private company. These companies enjoy more choices and flexibility. 4, Objection by minority: Objection to the compromise or arrangement can be made only by persons holding not less than 10% of the shareholding or having outstanding debt of not less than 5% of total outstanding debt as per the latest audited balance sheet which will save the companies from being dragged in long drawn court process by minority holders who is holding even single share. Threshold will ensure that merger / demerger ete. process moves smoothly and swiftly in accordance with the law. 5. Postal Ballot: Voting by Postal ballot through post / electronic mode is made applicable to all companies. 6. Buy-back of securities: To provide to shareholder in a joint venture an exit in a tax efficient manner or to reward shareholders Buy-back of security has often been used. Under 1956 Act, it Page 8 of 31, Scanned with CamScanneris possible to carry out more than 1 buy-back in a financial year as long as conditions were complied with. 2013 Act has restricted the ability of a company to do multiple buy-backs of securities. 2.2 Formation of a Company, Memorandum of Association, Articles of Association Introduction, Stages, and Conclusion of Formation of a Company 2.2.1 The formation of a company is a very broad concept. The process and legal formalities for establishing a particular company in own or another country are passed from different stages. ‘The 4 Stages of formation of a company are:- Promotion Stage- This is the first stage of Formation of a Company and the word promotion refers to the allocation of various activities designed for a particular company or enterprise. At the time of this stage, the company needs a lot of things for the establishment like capital, property, business objects, efficiency, and so on. The persons, who initiate the particular business or company are known as promoters and any promoter need will-power, capacity, diligence, courage, foresightedness, self-respect to start a business and become successful Promotion of a company is the combination or sum total of all the activities related to the incorporation of a company. The promotion stage includes various stages to fulfill the desired results of the first stage: {i) Discovery of an idea- Discovery of an idea means finding or thinking about a particularly new idea for establishing the new business. This step is a very important step to initiate or expand the new business because ithelps to provide the framework attitude of the new business. (ii) Take action- {a) Detailed Investigation- After the time of \n, the promoters reached the particular source of data from the market. {b) Assembly of necessary materials- After the time of the investigation, now is the time to assemble the resources of the company and keep it in a safe place and prepare it for your company’s format westigation stage for collecting the 2. Registration or Incorporation Stage- Thisis the second stage of formation of a company and at this stage, it is compulsory to decide the name, location, and legal documentation of the company. This stage is very important because, in this stage, the companies transfer our legal documents to the registrar office at the registrar of the company. Procedures for Registration of a Company- Page 9 of 31 Scanned with CamScannerAt the time of registration, there are various legal documents required for the incorporation of the company. The documents are- () Memorandum of Association- Memorandum of Association (MoA) is a document that is seen as avery important document for any company. This document is required at the time of the incorporation of any company. In this document, the proper description of a seal of the company and its member's names, address, professions, signatures are the most necessary. Hf any company does not have its memorandum then it will not be allowed to do the registration. As we know, the memorandum of the company is an important document which we also know as the charter of the company and it also helps to identify the rights and procedures of the company. Clauses or Contents of Memorandum of Association- a Name Clause, “ Domicile Clause, Objects Clause, Pe N Pp Uability Clause, 5. Capital Clause, 6. Subscription Clause. =x. (li) Articles of Association- Articles of Association (AoA) is another important document that is necessary for any company to at the time of establishment. It also includes the internal and sub-internal rules of the company, which are made for the fulfillment of the works explained in the memorandum document of the company. When a company is registered, then it is very important to have the Articles of Association, and it is also very important to have the Memorandum of Association because these two reflect the nature and scope of any company. (iii) Other Agreements- After both documents, the promoters of the company submit the other documents along with MoA to the registrar office, So, the other agreements are:- «Promoters give the notice of the location of the authorized officer of the company. «Indicate proper knowledge and information about the directors, «Provide necessary signed articles to the registrar office from each director of the company ith their full address, name, and signatures also. wa 3. Capital Subscription Stage- This is the third stage of Formation of a Company and in this stage, the promoters of the company will decide the capital structure of their company because managing any company for their capital is an important task. Page 10 of 31 Scanned with CamScanner‘The private company can deposit its capital from limited members by the company but the public company has to observe with the varied legal rules for the collection of capital. After this, the question arises, from where to collect the capital? The answer is that The company runs many advertisements around the public, issuing a prospectus for the public, and inform in the share market for the collection of capital. 4. Commencement of Business Stage- This is the fourth stage of Formation of a Company and it means, at this stage, the company gets a legal approval certificate from the registrar office for the purpose of running a specific company or business. When a company’s legal documents are verified by any registrar under section 149(1) and section 149(2), then the company gets a legal certificate to run the business. This legal certificate is also known as “Certificate of commencement of Business”, Conclusion of Formation of a Company- The conclusion of the company’s formation explains all the necessary points which are important to the establishment of every company. Formation of a Companys a procedure of incorporation of a company. It includes various factors and legal documents for the purpose of incorporation. At the time of establishment, there are two documents play a very important role. Those documents are Memorandum of Association (Moa) and Articles of Association (AoA). Thus, the Formation of a Company in Company Law includes various major stages for fulfilling the procedure of incorporation. Without these stages, the company cannot be formed and run Lecture3 uN E-Governance and role of nainaee in E-Governance By e-Government we mean the use of ICT in government operations, as a tool to increase the outreach of the government services to the general public. E-Governance, on the other hand, implies the use of ICT in transforming and supporting functions and structures of the system. \ Oe Features of E-Governance participation at all levels of governance. It leads to automated services so that all works of public welfare is available to all » It revolutionizes the functions of the government and ensures transparency. > It provides better services to citizens and brings government close to publi Some hindrance in the path of implementation include security, unequal access to the computer technology by the citizen, high initial cost for setting up the e government solutions Page 11 of 31 Scanned with CamScannerand resistance to change. Challenges identified as trust, resistance to change, digital divide, cost and privacy and security concerns Legal issues of e-government Strong and effective rules related with IT has to be formulated and strongly implemented. This, presupposes the adoption and use of security measures more particularly empowering and training judiciary and law enforcement manpower with the knowledge and use of cyber forensics and digital evidencing. Seamless communication and information flow and data management are the primary preconditions of an effective e-government structure. It requires reasonable assurance of not being affected by illegal activities undertaken by computer hackers and cyber criminals. The lack of authenticity and reliability, lack of accountability, redundancy of data, improper identification of user such as citizens, lack of accountability due to inappropriate delegation of authority, cyber crimes like fraud, theft, virus and incompetent security of on-line data transaction on Internet are the leading barriers to implement e-government from a legal perspective. E-Transaction: where citizens move from a passive to active role. Citizens transact with government, on-line by filling out forms and government responds by providing confirmations, receipts, etc. Electronic transactions offer a better hope for improved efficiency for both the customer and the government agency than simply “cataloguing information”. E-Communication: Communication matters and the primary thrust of e-government is to develop and maintain an effective e-communication protocol between the government and citizens and across and beyond government agencies. In legal terms, e-communication includes. attribution, acknowledgement and dispatch of electronic records. This means that the moment an e-mail sent by the originator leaves the originator’s computer and resides on an intermediate server, it can be said that the electronic record has been dispatched by the originator, Privacy and Security of confidential information: E-Security is identified as one of the supply side barriers of e-government as security needs of government transactions cause technical difficulties and extra cost while implementing e-government. To secure government transactions, public key infrastructure (PKI) is designed and developed and to maintain security within government to government (626) communication, government secure intranet (651) has been developed. Page 12 of 31, Scanned with CamScannerInteroperability: The overall integration and harmonization of public transactions and data is particularly relevant to the processes that must be established to manage the data flow and exchange of, services among different agencies, both for back and front office activities. The adoption of a common general model to ensure cooperation between architectural applications enables a smooth interaction between citizens and the various agencies, independently of the specific platforms and solutions adopted by each agency. E-Crimes: itis needless to say, e-crime (often known as cyber crimes) is a global phenomenon and is engulfing the world at an alarming rate. Bangladesh is not immune from iti. Nonetheless, e-crime is a ‘unique threat that can be carried out from anywhere against any computer system or user in the world, It Is a global menace and Is becoming increasingly difficult to control. As a result, governments, businesses and individuals all over the world are facing the new challenge of combating e-crimes. ‘Access to information: One of the areas in which e-government offers clear advantages and improvements is the citizen's access to administrative information, Data protection: is plain that the increasing use of electronic media for administrative tasks, with new possibilities for data links in networks or with multi-functional chip cards, involves increased risks {for data security. More and more data are entered electronically and stored in central databases, and an increasing amount of information can be called up at computer workplaces. It can therefore not be emphasized enough that the constitutional right of self-determination of information sets boundaries which are not always sufficiently observed in the practical, efficiency-oriented work of the administration. E-Government requires the establishment of a range of suitable legal and regulatory measures that are aimed at: “ce «Integrating and sharing data systems within and among administrations + The use of this public information by third parties, especially the private sector, safeguarding privacy and security issues + Enabling the digital exchange of information and transactions between government agencies, citizens and businesses. + Recognizing the digital exchange of information and allowing electronic transactions and record keeping + Reaching citizens affordably and enabling citizens to reach government affordably by facilitating availabilty of and access to information and communication services 2 ‘The Information Technology Act, 2001 India is only the 12th country in the world to have a legal framework for e-commerce promulgated as the ‘Information Technology Act, 2001’. This Act effects consequential amendments in the Indian Penal Code, The Evidence Act, 1872, and The RBI Act, 1934, bringing all of them in line to the requirements of the digital transactions. This Act is also likely to affect the Companies Act, 1956 for the purpose of facilitating e-governance and e-commerce in the country. The Act seeks to address three areas: = enabling e-commerce {b2b and b2c) Page 13 of 31 Scanned with CamScanner‘+ enabling e-governance (g2c and c2g) + curbing cyber crime and regulating the online environment . Role of Engineers In E-Governance Role of engineers in general and that of IT professionals in particular are significant in ensuring that all the associated technologies are incorporated in the system. of e- governance. This becomes even more important due to various cyber threats prevalent in modern times. The process of incorporating ICT based communication channels ‘and their specific networks, requires great deal of expertise in the part of engineers. Similarly the protective mechanism pertaining to cyber threats of various kinds, requires concerted efforts by engineers in coping with the emerging challenges. cree a pivotal role in dealing with key challenges of e ~governance such as: + Lack of tT literacy and awareness regarding benefits of E-Governance ‘+ Underutilization of existing ICT infrastructure «Attitude of government departments ‘+ Lack of coordination between government department and solution developers ‘+ Resistance to re-engineering of departmental processes + Lack of infrastructure for sustaining E-Governance projects at national level The engineers are backbone of the whole system of e-governance and therefore need to consistently evolve technological solutions to the existing and emerging challenges in specific domains of functioning. we Lecture 4 Need for reformed enj SS serving at the Union and State level Engineering cove we different types of activity. Engineers make things; make things work k better. They also use their creativity to design solutions to the world’s Ip build the future. Engineering has previously been defined by the Royal ingineering as the “creative application of scientific principles that are put in invent, design, build, maintain and improve structures, machines, devices, systems, materials and processes. This definition of engineering is broad, intended to account for the fact that the scope of engineering is continually evolving because of the dynamic nature of engineering related industries. There is a diverse range of specialized engineering disciplines or fields of application that requires continuous improvements through reformed engineering. They include (but not limited to) the following: Page 14 of 31 Scanned with CamScanner(i) Aerospace: It is seen that there is a consensus among the leading aircraft manufacturers concerning the evolution of the technology which Is going to affect the design and production of the future air platforms. The aircraft of the future are expected to have longer and slimmer wings which will better glide through the skies, as the flow of air over the wing surface reduces the drag and in turn, improves fuel efficiency. The fuselage is no longer a simple tube but is curved and shaped to provide more internal space for various cabin configurations, with better aerodynami outside skin. Future aircraft could be built using a bionic structure mimicking the bone structure of birds. By using bionic structures, the fuselage has the strength it needs, but can also make the most of extra space where required. This not only reduces the aircraft's weight and fuel burn, but also makes it possible to add features like oversized doors for easier boarding and panoramic windows. ‘The future cabin electrical system can be compared to the human brain, with a network of intelligence pulsating through the cabin. This network will be absorbed into the structural materials, making the hundreds of kilometers of cables and wires found in today’s aircraft a thing of the past. Known as “smart” materials they can perform numerous functions, recognizing the passenger, so that you too are “connected!” to the plane. (1) Chemical and process: Reforming, in chemistry, processing technique by which the molecular structure of a hydrocarbon is rearranged to alter its properties. The process is frequently applied to low-quality gasoline stocks to improve their combustion characteristics. Thermal feforming alters the properties of low-grade naphthas by converting the molecules into those of higher octane number by exposing the materials to high temperatures and pressures. Catalytic reforming uses catalyst, usually platinum, to produce a similar result. Mixed with hydrogen, naphtha is heated and passed over pellets of catalyst in a series of reactors, under high pressure, producing high-octane gasoline. (ii) Civil and environmental: Considering the fast-paced advancements in every domain and significant changes in human requirements, Civil Engineers are expected to meet up with various challenges, one major being infrastructure creation affecting the environment. In present times, the role of civil engineers in transforming India in the next 10 years is vital and unprecedented. The pertitent roles are as follows: © Page 15 of 31 Scanned with CamScannerv Givil Engineers as Protectors of Environment: Infrastructure development requires the usage of water to a great extent. Gallons of water used by construction site workers affect the water availability for human needs. Apart from the huge wastage of water, construction projects emit a large amount of carbon dioxide and methane. These two cases are the leading cause of global warming and imbalance in the earth's environment. The role of a civil engineer is very crucial in ensuring minimum wastage and environmental protection in present times of climatic emergency. > Givil Engineers as Innovators: The need for sustainable design and structure is most prominent in the year 2020 and is likely to be more stressed upon in the near future. Gvil engineering professionals can play a very vital role in innovating new and advanced ways of construction, preserving the environment and ensuring greater output in less time. > Civil Engineers as Risk Managers: Natural and man-made disasters take the lives of many innocent humans every year in India and around the globe. Civil engineers can play a crucial role in mitigating the risks associated with human life through infrastructure. Usage of quality material and innovative thinking that can prevent any possible losses to life and property. Civil Engineers as Policy Advocates > The government makes public policy decisions that affect the working and output of civil engineers. As a professional in the field of civil engineering, one can contribute towards policy-making by making use of industry insights derived from years of experience. Decisions made by the use of such insights are likely to be more effective towards the growth of India. > Civil Engineers as Planners: Infrastructure development requires systematic planning efforts to derive the best output. Civil engineers with their skills and knowledge can play the crucial role of planners in India’s infrastructure growth. It is only proper planning and innovation that can help India to address the massive urbanization through infrastructural growth. > Civil Engineers as Growth Drivers: Infrastructure advancement is closely linked with the growth of India as an economy. Advanced and sustainable infrastructure will support the massive urbanization and lead to the creation of more blue-collar jobs too. Civil engineers with the right skill set can make the appropriate use of a huge sum of money invested in infrastructure development, leading to the growth of the economy. a {iv) Computing and communication: Computer programs for various industries are developed by Computer Engineers. Design, development, and maintenance of software form an integral part of their job roles. Professionals from this field are experts in a plethora of diverse areas like software and hardware, electronics, software design, operating system development, etc. Computer Engineers recognize the essential costs associated with performing and executing high-level computational tasks. As every industry depends on computers and technology enormously, the demand for computer engineering professionals has risen tremendously, which is the biggest reason this field has gained this amount of popularity over recent years. Page 16 of 31 Scanned with CamScanner(v) Electrical and Electronics: Power electronics is a branch of electronics that deals with the application of electronic devices and associated components to the conversion, control, and conditioning of electric power. Power electronics converters modify the primary characteristics of electrical power: the basic form AC or DC, voltage, current, frequency, and power factor. ‘The demand for electrical energy grows in direct relation to the improvement of the quality of life. In the 21st Century, the technologies associated with the manipulation and conservation of energy sources are of vital importance to ensure a comfortable standard of living. Power electronics has a crucial role in the efficient use of electrical energy and environmental control. Power engineering reaches sectors such as residential, industrial, commercial, medical, communications, transportation, aerospace, and military. Some of the applications of power electronics are power conditioning, electrochemical processes, temperature and lighting control, renewables power conversion, medical applications, communications, computer industry, computer networks, electric power networks, military, and transportation. (vi) Energy and Power: —From small to large power applications, power plays an important role. There are many uses of power in today’s society and it can hardly be imagined to not have. But, how does power exist? How is it generated? The answers to these questions would not be possible if it were not due to power engineers. Power engineers plan, design, and implement solutions to meet energy demands across the world. Their relevance to society is vital for future needs and mast be continued to provide comfort and life as known. Increasing power engineers’ visibility, promoting power engineering education, and providing community outreach is necessary for the profession's survival. (vii) Manufacturing and design: Design for Manufacturability (DFM) is the proactive process of designing a part to meet the specifications of the chosen manufacturing process used to produce that part. No longer can a product engineer design a part for fit and function only. Product Engineers are also expected to understand the manufacturing process and incorporate those parameters into their design to ensure good part production. (viii) Medical and bioengineering: The biomedical engineering program is designed to integrate engineering and medical research spanning from the mechanics of manmade materials investigations using engineering methods to explore fundamental physiological processes. Major emphasis of this program are in the areas of biomaterials, biomechanics, cardiovascular and biofluid mechanics, bioinstrumentation, the physical and mechanical behavior of tissues treated on engineering materials, the body response to implant materials, and bioengineering analysis of physiological control of the heart, respiration, temperature regulation, and the pupil Coupled with these emphases in a strong interest in the development man evaluation of artificial organs and other implantable devices and finite element models, Another area of interest is biomedical systems, including systems physiology and the use of computers in health-care delivery Page 17 of 31 Scanned with CamScanner(ix) Transport and mechanical: The importance of a transportation of a country is comparable to the veins in the human body. Just a veins helps to the health of human, similarly the transportation keep the health of a nation in good condition by keeping the people and Materials moving from one place to another place. Following are the importance of transportation. 1. They play an important role in the economic, social and commercial development of the country. They help in cultural development of the country. They help in political development of the country. It plays a vital role in development of rural areas of the country. They improve the employment opportunities. Improves the contact between two countries. Improves the living standard of the country. tt helps to improve science and technology. It helps in industrial development throughout the country. 10. Enhances the import and export of the country. Aca” Engineers are responsible for some of the most important advances in biomedicine and they have played a key role in building the infrastructure around us- from roads to utility networks. Engineers also play role in the development of food we eat and development of new materials, such as cutting edge foams and coatings to be used in manufacturing. With half the world living in poverty and millions of people without sufficient food or sanitation, engineering continues to have a key role to play in helping countries to progress across the world, RS pI rtesiona in ary er << and IT professionals in particular, play an important role in judiciary ‘ = pena awn Lectures. Role of I.T. sy: valent in the country. The judiciary like any other functional organizational system, uses different gadgets, systems and devices invented and developed by engineers. Further, the IT professionals have a big role in modernizing the judiciary through its interventions in various functional mechanisms associated with judicial system to enhance efficiency, cost effectiveness and efficacy. 5.1 Modernising the Judiciary Page 18 of 31 Scanned with CamScannerThe main business of the judiciary is to hear and determine cases in a fair and timely manner at reasonable cost. In doing so there are processes that lead to the conclusion of the cases before the courts. These processes must be efficient, effective, and equitable. The processes must be efficient in the sense that they provide value for money. The resources so employed must be utilised in a non-wasteful manner leading to the most optimum allocation and utilisation of the same. The system can not be engaged in an abstract search for the truth alone, oblivious of all other factors, like cost, efficacy, and equity. The modern a nt for balancing of various objectives of the justice systems, given the scarcity of vos and the competing demands for the limited resource envelope available, partic inn source strapped societies, as in our region. x ‘i Secondly the processes must be effective in the sense that they ar oat that which is sought. For instance is the system able to ensure accountabi the wrongs committed against the society. Or is the relief sought and obtained able to ‘compensate the injury complained of? Going to court is not simply an academic sei , though in some instances, the nature of matter at hand may be somewhat as jevertheless necessary to be addressed. and seek access to it do have access to it. Ss Must not lock out sections of the community. Neither should it be discris Nes show partiality to a class of litigants or some areas of subject matter. o 5.2 How does IT then enable sn os to be modem that is efficient, effective and The process must be equitable in that all those ught to have access to the justice system equitable? IT can be a useful tool in Nahe, areas: ° aioe |, storage and retrieval (0 Improved Access to the Law ant ing of Court Proceedings @ Management and producing data for administrative purposes SS Continuing Education © Communication 5.2.1 Text Creation, Storage and Retrieval Apart from the hearing function, judges have to produce written judgements, rulings, and reasons for the decisions that they continuously make. It is now possible for the judge to type ‘out the decision directly on the computer. And there are many reasons now why the judge should be familiar with word processing skills. A judge is able to produce a decision much faster Page 19 of 31 Scanned with CamScannerthat way. And because of the ability to manipulate different documents through copy, cut and or paste, or working from templates, or using micros, it is now much easier to produce a document with the information you want included into to. On the same computer or other storage medium, it is possible to store the document, and retrieve it very fast, call up other documents, without having to move from your work station. In the result judgements, decisions and or rulings can be produced much faster in final form for release to the parties. Simultaneously the said decisions, judgements or rulings can go into a court system database to which judges and other people may have access should they need to use the same for r purpose. IT definitely makes production and release of decisions much more efficient than was previously the case. Most of the documents in our case files be they from advocates or the epi anae on computers. This means that copies of the same are available electr ley are produced itally. And even if they have been produced manually, and only hard copies are available it is possible to scan them and convert them into digital format. ig equrs have the capacity to acquire the necessary hardware for this purpose. If an ele ronic rsion of the court file was maintained it would speed the cost of preparing a cir purposes, thus eliminating \ ‘one of the bottlenecks to the speedy delivery of justice. 5.2.2 Improved Access to the Law & In many jurisdictions the law applical Statute Books for legislation; Law Reps The medium for storage of the le found in different sources. These include case law and Oral Tradition for Customary Law. and case law was, previous to the advent of the jlable through hard copy in book form or printed or current information technol typescript. The traditional ach in some jurisdictions was regularly to produce an up-to- date version in the form of one edition of the laws in force at a particular time. itis now possible to dd legislation and law reports, not only in hard copy and book form, but also in digital format, on CDs and other storage media, online (Intemet/Intranet), or on standalone met ‘making it much easier for a judge or member of the public to search and obtain the provisions of the law or previous court decision that one desires, With the use of the a possible to seek for and obtain comparative and persuasive jurisprudence from i ot What makes the situation even much more promising is that document production now is digital making is easy to copy and distribute information at very little cost. It is now possible therefore for the law to be available in an easier, more convenient and most accessible format. 't makes it simpler to research and incorporate the results of the research into new documents being produced. IT has the potential to tremendously improve access to the law, improving the ictions while seated at one’s work station. Page 20 of 31 Scanned with CamScannerproductivity of the consumers of the same, and possibly both the quality and quantity of what they produce, thus increasing both the efficiency and efficacy of the their product. 5.2.3 Recording of Court Proceedings For a long time court proceedings were recorded in long hand by the judge/magistrate. In some jurisdictions court reporters recorded the proceedings using stenographic machines using shorthand, and later produced a record of the proceedings. In ather jurisdictions recording was by way of tape recorders recording voice and the record later being transcribe typed record. There have been new developments. Voice recognition technologies wee ted but are as yet to be perfected. It is now possible to have digital audio recordings of voice on the computer, allowing the judge capacity to annotate this record and listen to whatever portion he may want to listen to later. The record so recorded would have t ibed into a hard copy format (for as long as a hard copy file is maintained), ae -versions would be available too. It is also possible to have instantaneous rece ing of proceedings by court reporter which can be viewed by the judge and counsel Peat respective desks as the proceedings continue. The advantage of the digital tis that itis easy to manoeuvre whether it is text, voice (sound) or images. With the use of IT the pace of proceedings may be spaced up considerably. The quality of the record is enhanced immensely ast is far reg Cases ought to be resolved faster, both at trial, and on appeal. This would be oe of the easy availability of the record of the trial With Judges freed from the task of or roceedings, they can pay more attention to the function for which they are hired. Ani judging. 5.2.4 Case Management Computing has rate oe our capacity to capture study and manipulate data producing reports and other recor jat one might be interested in. It is possible using programmes that can be develop: = events and cases with a view to availing the decision maker information in snner. Computing is able to do so in considerably much less time than if the sa ce manually. Equipped with this information, it is possible for the decision maker t ppropriate action, to move a case forward, or to assign it, list it for trial or take wl action is appropriate. One is able to follow both the large picture in terms of the ager of cases and the small picture, in terms of a single case. Productions of forms and other repetitive processes can be automated. 5.2.5 Communication IT affords the courts not only an opportunity to communicate with the public through the internet, but also affords an opportunity to allow for internal communication within the organisation through Intranets and electronic mail. There may be information to which the Page 21 of 31 Scanned with CamScannerpublic may not be privy too which could be kept on intranets accessible only to relevant category of officers in the organisations. At the same time paperless communication using email programmes is possible between judges and other judicial personnel in and outside of the judiciary is possible at very little cost, and almost instantaneously. All over the world email lists for judges and other professionals exist on which judges are able to share information of a professional nature or merely only recreational. 5.2.6 Training Cy As a tool for training there are several computer based modules that can mesh ont your computer related skills to functional levels. This will include word processing, typing, use of the internet, and many others. Training modules are available on flop) ss) CDS', and via the internet. This form of training is convenient because you can c 3 your own pace, = mi at atime of your choosing, and may be available all the time, sho need to consult the module. It is also possible to pursue continuing professional, acade! through internet based distance education, S . 5.3 ICT Tools andits relevance to the judicial process x SS 5.3.1 Video Conferencing Tools sO Video Conferencing permits virtual inter a Judge with witnesses, holding of conferences, meetings, production of under-tri as s, etc. The facility would be installed in the prison. Similar facility would also be made available within the court premise or in the Judge's office. The Judge would be able toi seltie prisoner without the prisoner being physically brought before him. This would save a lot of time and resources, which would have been involved in the or other programmes physical transportation ol risoner from the jail to the court. The policemen and other concerned authoriti Id also be spared so that they can utilize their time in other official tasks. 53.2 Publishing \ rk wns ras ocamenaton ti ston, ema am ljacumentation/paperwork is invalved in the judicial process. Many times there is also. apfeatn of paperwork and files. Publishing tools would enable preparation soft copies of entation; printing, copying etc would also be done through the publishing tools. This id be done through printers, scanners, copier machines etc. 5.2.3 Word Processing Tools Documentation of the judicial system would involve producing various transcripts, data recording etc. This would be done through word processing tools. These tools permit multi-lingual, electronic transcription, formatting and storage of oral evidence, orders and judgments. Page 22 of 31 Scanned with CamScanner5.2.4 Storage Management Too!s ‘The enormous data created in the Judicial System needs to be systematically stored in soft form with proper indexing, filing of the data/records. The existing data of the judicial system would also be replicated in the soft form and this would create a database of documents. These documents would be stored in high-end server/data center. Various High Courts, district courts and other subordinate courts would also have their localized storage of data. This would be replicated as per the hierarchy of the court. For instance, the data at District Court would be replicated at the High Court level. This kind of distributed database architecture woul mate the application of storage management tools. Further, document management tool employed to facilitate management of documents in a scientific and easily accessible mar &. ‘The Indian Judicial System has documentation in various regional lan depending upon the location of the court. Ths is also useful for the general pions uo ses to have the information in their regional language. For the provisioning of regional language in the ICT implementation in the judicial system regional language tools would be utilized. The regional language tools would provide the various documents that ee) inted or available online in the regional language. ‘These tools include various applications such as ‘that, etc. This would be useful for the internal communication within the judicial ‘The existing communication in the juc 1 system is predominantly paper based. pice lization of the intercommunication tools the communication with and within the ju a tem, be it between courts, or between various departments, would be much faster a nt. 527 fngerinRecoton Sten > This would involve inert of the witnesses, accused, prisoners, etc. and storage in soft form. A centralized database of fingerprints would be created. This would form a good reference during oa to identify professional criminals. This system would also identify 5.2.5 Regional Language Tools professional ii impersonation. 528 mm and Email tools ar site and internet tools such as web browsers, etc. would be required for viewing of fed database of documents. The online access to information would also require the site/internet tools so that a litigant would be able to access various information like case status, orders pertaining to its case, causelists, etc. Electronic mail would facilitate in issuance of summons, notices, warrants, reports, statements, etc. \d professional witnesses and thus help in preventing of their 5.2.9 Tools for Encryption, Recognition of Digital Signature, etc. These tools enable the recognition of digital signatures and perform various encryption/decryption functions so as to help a litigant to view case-status in a user- friendly Page 23 of 31 Scanned with CamScanner