chhatramani/Nepal-Legal-Text-Corpus-44laws huggingface dataset:
Labour Act 2074

Chapter- 11 Provisions Relating to Supply of Labours

Section 64: Obligations of the main employer
1) The main employer shall, while employing labour through a licensee labour supplier, so employ him or her in accordance with the agreement entered with such a labour supplier.
2) The main employer shall, before entering into the agreement, arrange for the provision of such remuneration and benefits as may not be less than that specified in this Act or the rules framed under this Act to the labour.
3) The main employer shall regularly obtain information as to whether or not the labour supplier has provided the remuneration and benefits regularly to the labour employed through such a labour supplier.
4) If, while obtaining information pursuant to sub-section (3), it is found that the labour supplier has not provided the remuneration and benefits to the labour, the main employer shall immediately recommend the labour supplier to provide such remuneration and benefits and give information thereof to the Department or Office as well.
5) If the labour supplier fails to provide the remuneration and benefits to the labour in spite of the request made pursuant to sub-section (4), the main employer shall give information thereof to the Department or Office.
6) If information is received pursuant to sub-section (5) or information is received through any other means about the labour supplier’s failure to provide the remuneration and benefits to labour, the Department or Office may make payment from the deposit or bank guarantee furnished by such a labour supplier at the time of obtaining the license.
7) The main employer shall take or make such measures and provisions or arrangements as required to be taken or made at the workplace for occupational safety and health.
8) If the remuneration or benefits to be provided to the labour pursuant to the prevailing law increase after the agreement between the labour supplier and the main employer has been made, the main employer shall add and pay such increased remuneration or benefits.
9) No labour shall be supplied from any enterprise established with the involvement of the main employer or of any manager director or family member on his or her behalf.
10) Other provisions relating to the obligations of the main employer shall be as prescribed.

Labour Act 2074

Chapter- 11 Provisions Relating to Supply of Labours

Section 65: To make inspection, supervision and monitoring
1) The Office shall regularly make inspection and monitoring as to whether or not the labour supplier has acted in accordance with this Act or the rules framed under this Act and the directions
and conditions given and prescribed pursuant to this Act and the rules framed under this Act.
2) If it is found from an on-site inspection, monitoring or any other means that any labour supplier has not acted pursuant to this Act and the rules framed under this Act or the conditions specified as applicable to him or her, the Office may give necessary direction to the labour supplier.
3) It shall be the duty of the concerned labour supplier to comply with the direction given pursuant to sub-section (2).
Labour Act 2074

Chapter- 11 Provisions Relating to Supply of Labours

Section 66: Liability of labours to rest on the main employer
Where any main employer employs any labour by supplying such labour through a person or company who has not obtained the license to supply labour pursuant to this Act or contrary to the provisions of this Act, such labour shall be deemed to be a labour of the main employer.

Labour Act 2074

Chapter- 11 Provisions Relating to Supply of Labours

Section 67: Prohibition on collecting fee from labour
No labour supplier shall collect any kind of fee or commission from any labour whom it has supplied.

Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 68: Formulation of safety and health Policy
1) Subject to the provisions of this Act, the rules framed under this Act and directions given pursuant to this Act and the rules framed under this Act, the employer shall formulate and implement a policy on the safety and health of the labourers and other persons at the workplace.
2) The policy formulated pursuant to sub-section (1) shall be registered with the Office.
3) Other provisions relating to the safety and health policy to be formulated by the employer shall be as prescribed.
4) The Office shall regularly monitor as to whether or not the safety and health policy formulated by the employer under this Section has been complied with.

Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 69: Duties of employer towards labour
1) The duties of the employer towards the labour in respect of occupational safety and health shall be as follows:
(a) To make a safe environment for work by making appropriate safety and health arrangements at the workplace,
(b) To make provision for the use, operation, storing and transportation of chemical, physical or biological materials or equipment so that it would not adversely affect the safety
and health,
(c) To provide necessary information, notice and training relating to the safety and health of the labour, as required,
(d) To provide necessary training and information in an appropriate language to the labour in relation to the use and operation of the equipment or chemical, physical or biological materials related to the work,
(e) To make proper arrangements for the safe entry and exit from the workplace,
(f) To provide personal safety means to the labour, as required, and
(g) To make such other provisions as prescribed.
2) The employer shall not collect any fee or charge from the labour in consideration for the provision of any safety-related facility or equipment to the labour.
Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 70: Duties of employer towards non-labour
1) The employer shall make such provision as may be necessary to avoid any adverse effect on the safety and health of any non-labour who walks in and out of or passes through the workplace.
2) Where any operating system of the workplace is likely to cause any harmful effect or risk on the safety or health of any person, the employer shall make arrangements for giving, putting a signal or providing information in that respect.
3) Any enterprise that uses or manufactures chemical materials shall so manage that the chemical substance, gas or any other thing emitting during the operation of its business does not cause any adverse effect on the local animals, vegetation, human beings and environment.

Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 71: Duties of the responsible person
It shall be the duty of the responsible person to ensure that any workplace, equipment, product or material is safe and healthy for the concerned work.
Explanation: For the purpose of this Section, “responsible person” means any person who has ownership or control over the workplace, equipment, product or material, and this term also includes any person or organisation assigned with the ownership or control in accordance with the agreement, if any, made in relation to the chief of such a workplace, use of the equipment, product or material.
Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 72: Duties of manufacturers, importers and suppliers
1) The duties of the manufacturer, importer or supplier of any equipment, product or material to be used at the workplace shall be as follows:
(a) To manufacture, import and supply equipment, product or material found suitable from the examination for the operation and use at the workplace from the viewpoint of safety and health;
(b) To determine such a method or process for using or operating such equipment, product or material properly so that the safety and health of the concerned persons at the workplace are not affected adversely,
(c) To identify possible risks of causing adverse effects on the safety and health by the use of such equipment, product or material,
(d) To conduct necessary research, use or experiment to eliminate or minimise the risks identified pursuant to clause (c),
Provided that where there is a reasonable ground to believe in the results of any research, use or experiment conducted earlier by any other person, such research, use, or experiment may be given recognition.
(e) To prepare a manual in order to provide all the information relating to the necessary measures required to be taken, from the viewpoint of safety and health, during the operation and use of the equipment, product or material to be operated or used at the workplace.
2) A person or organisation that manufactures or installs any equipment to be used in the workplace shall give the employer a report in writing to the effect that such equipment so manufactured or installed if used properly, will not cause any adverse effect on the safety or health of any person.
3) If any equipment, product or material is not used in accordance with the information or instruction provided by the manufacturer or supplier providing such equipment, product or material in relation to the use of the equipment, product or material, such equipment or material shall, for the purpose of this Section, not be deemed to have been used properly.
4) The manufacturer, importer or supplier of any chemical material to be used in the workplace shall provide the employer with such other details, including the chemical safety data sheet in relation to such material as prescribed.
Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 73: Duties of labour
The duties of the labour in relation to occupational safety and health shall be as follows:
(a) Not to perform any such act in the workplace intentionally or recklessly that may cause adverse effects or risk on the safety and health of him or her or of others,
(b) To provide necessary assistance to the employer and concerned person in the fulfilment of any duties mentioned in this Chapter,
(c) To obtain information about the manuals, instructions, and other matters prepared for the operation and use of the equipment, product or material to be operated and used in the workplace safely and cautiously,
(d) To operate and use the workplace, equipment, product or material safely and cautiously in accordance with the manuals, information and instructions prepared for the operation and use of such a workplace, equipment, product or material, and
(e) To use compulsorily the personal safety equipment provided by the employer.

Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 74: To form safety and health committee
1) The employer shall form such a safety and health committee with representation of the labours also as prescribed in an enterprise where twenty or more labours are employed.
2) For the purpose of sub-section (1), the labourers employed through a labour supplier shall also be counted.
3) The functions, duties and powers of the safety and health committee formed pursuant to sub-section (1) shall be as follows:
(a) To give advice to the employer regularly on the arrangement for safety and health required to be made in the workplace and on making such an arrangement effective,
(b) To evaluate the arrangement on safety and health made in the workplace and draw the attention of the employer for making such an arrangement more effective,
(c) In the event of failure to do the act in spite of the attention drawn pursuant to clause (b), to give information thereof to the Office,
(d) To review each year the safety and health policy formulated pursuant to Section 68,
(e) To perform such other functions as prescribed.

Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section75: Saving from action
No employer shall take disciplinary action against any labour for the sole reason that he or she has committed the following act:
(a) To give information, notice or make or assist in the making of a complaint against the employer as to failure to make arrangements on safety and health,
(b) To do any act in the capacity of a member of the safety and health committee referred to in Section 74, or
(c) To stop the work pursuant to Section 76 or 77 because of the occurrence of an immediate danger to safety and health.
Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 76: To stop work in the case of immediate danger
1) Where it is likely to cause bodily injury or risk to, or serious effect on the health of, a labour or other person or cause unexpected loss or damage to any equipment, product or material if any work is not stopped immediately, the labour involved in such a work shall give information thereof to the employer or responsible person referred to in Section 71.
2) The employer or responsible person shall, upon receipt of the information referred to in sub-section (1), immediately give appropriate direction in that respect.
3) Where the employer or responsible person is not available for the time being for the purpose of giving information referred to in sub-section (1), the labour himself or herself may stop such a work.
4) Where the work is stopped pursuant to sub-section (3), the labour who so stops the work shall immediately give information thereof to the employer or responsible person through the fastest means.
5) The employer or responsible person shall, upon receipt of the information referred to in sub-section (4), immediately inquire into the matter and prevent or mitigate the risks resulting therefrom.
6) Where there arises any dispute between the labour and the employer as to whether or not there has arisen any risk necessitating the stoppage of the work and the provision made for the prevention or mitigation of the risk is adequate, any party may make an application to the Office for the settlement of such a dispute.
7) On receipt of the application pursuant to sub-section (6), the Office shall settle such a dispute upon examining the matter and hearing both the parties, as well as examining the evidence if required.
8) A decision made for the settlement of such a dispute shall be final and both the employer and the labour shall abide by such a decision.
9) Notwithstanding anything contained elsewhere in this Section, no work shall be stopped with the intention of causing loss or damage, trouble to or satisfy enmity with the employer.
10) During the time when the work remains stopped pursuant to this Section, the employer may engage a labour in another work subject to the conditions of his or her service.
Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 77: Direction to stop the work
1) Where it appears from the inspection or any other source that there exists a ground that an immediate danger has arisen or is likely to arise in the safety and health of the labour or other person in the workplace of any enterprise, the Office may give direction to the employer to immediately stop the work in such a workplace.
2) A direction to be issued pursuant to sub-section (1) shall set out, inter alia, the reason and ground why such danger has so arisen.
3) While issuing the direction pursuant to sub-section (1), the Office may, if it appears that it is not appropriate to operate or use any equipment in the workplace, issue an order forbidding the use of such equipment, and, while so issuing the order, it may also affix a seal or
Tancha
on such equipment or any part of it.
4) If the Office gives direction to stop a work pursuant to sub-section (1), the employer shall immediately stop the work.
5) The employer who is not satisfied with a direction given by the Office pursuant to this Section may make an application to the Department within seven days of the receipt of such a direction.
6) The Department shall settle the application made under sub-section (5) within fifteen days. 7) It is not allowed to do the work during the period referred to in sub-section (6).
Provided that if the Office gives information during that period that any immediate threat has not arisen to the safety and health of persons, the work may be resumed.

Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 78: Special provisions relating to occupational safety and health
1) The safety and health standards to be followed by the enterprise engaged in the work related to the following matters shall be as prescribed:
(a) Provisions relating to protection of eyes,
(b) Provisions relating to protection from chemical substances,
(c) Provisions relating to the operation of pressure plants,
(d) Provisions relating to safeguarding of machines,
(e) Provisions relating to lifting of load,
(f) Other necessary provisions.
2) Provisions relating to the inspection of pressure plants and boilers shall be as prescribed.
3) Provisions relating to information about the establishment of any enterprise and other provisions relating to occupational safety and health shall be as prescribed.

Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 79: To give information
Where any accident occurs, or any person is injured or dies in an accident or suffers from any occupational disease in the workplace, the employer shall give information thereof to the Office immediately.
Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 80: Arrangements for control of infectious diseases to be made
1) The employer shall make necessary arrangements for the prevention and control of infectious diseases in the workplace.
2) If any labour suffering from any infectious disease needs to undergo treatment, he or she may be prevented from attending the work during the period of treatment.
3) Where the sick leave of such a labour is not sufficient for treatment pursuant to sub-section (2), the employer may give direction to that labour to make adjustments with any other leave or take the special unpaid leave.
4) It shall be the duty of the concerned labour to abide by the direction given pursuant to sub-section (3).

Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 81: To engage in easier work
1) Where any female labour is pregnant, she shall give information thereof, accompanied also by proof showing her health check-up, to the employer.
2) If the information referred to in sub-section (1) is received, the employer shall generally so engage such a female labour in work that it does not cause any adverse effect on her health.

Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 82: Special provisions relating to treatment of occupational disease
1) Where any labour suffers from any such occupational disease as prescribed while doing work of any enterprise, the enterprise shall provide the labour with such treatment expense as prescribed for the treatment of such a disease and such amount of compensation as prescribed if such a disease is incurable.
2) Notwithstanding anything contained in sub-section (1), the enterprise shall not be required to provide the amount of treatment expense or compensation referred to in sub-section (1) if the labour is entitled to the amount of expense for the treatment of the occupational disease or compensation from the Social Security Fund.
Labour Act 2074

Chapter-12 Provisions Relating to Occupation Safety and Health

Section 83: Direction may be issued
1) The Office may make a sudden or periodic inspection to determine whether or not the employer has made safety- and health-related arrangements.
2) If, while making an inspection pursuant to sub-section (1), it is not found that the employer has made the arrangement for safety and health in the workplace as referred to in this Act or the prevailing law, the Office shall give a direction to the concerned employer specifying the period for making arrangement thereof.
Provided that if it appears that failure to make such arrangement immediately will cause danger to the safety and health of labours or other persons or adverse effect on the environment, it shall give direction indicating the matter to make such arrangement immediately.
3) The Office may give direction to the employer to provide necessary information and details regarding any accident occurred in the workplace, occupational disease or safety and health of labours and other persons.
4) It shall be the duty of the concerned employer to abide by or cause to abide by the direction given pursuant to sub-section (2) or (3).

Labour Act 2074

Chapter-13 Provisions Relating to Industry or Service of Special Nature

Section 84: Provisions relating to tea-estate labours
1) The obligations of the employers towards the tea-estate labourers shall be as follows:
(a) To make arrangements for suitable quarters within the tea-estate for the labourers who do not have their own settlement near the tea-state and their dependent family members,
(b) To make arrangements for free first-aid-service for the treatment of minor injuries sustained by the labourers and their dependent family members and for trained medical staff, medical items for that purpose,
(c) To make arrangements for the easy availability of daily consumable goods if there is no market facility near the tea-estate,
(d) To make proper arrangements for sports and entertainment for the physical and mental development of the tea-estate labourers and their dependent family members.
Explanation: For the purpose of this Section, –
(1) “Tea estate” means a tea-estate registered pursuant to the prevailing law, and this term also includes a factory, other physical infrastructures established within the tea-estate and
its premises.
(2) “Tea-estate labour” means labour who does the work of digging, ploughing, levelling, cutting, plucking, scattering, sowing, collecting, uprooting or similar other work in the
land of a tea estate, and this term also includes labour who is engaged in tea processing and any other work of the tea estate.
(3) “Dependent family” means his or her family member who lives with a tea-estate labour and whom he or she has to maintain.
2) This Section shall not be deemed to bar the making of an agreement between the labour working in a tea-estate and the employer in relation to any work of the tea-estate to be performed.
Labour Act 2074

Chapter-13 Provisions Relating to Industry or Service of Special Nature

Section 85: Special provisions relating to construction labours
1) The obligations of the employers towards the construction labourers shall be as follows:
(a) To provide such tools, equipment and material in a sufficient quantity as may be required for construction,
(b) To make arrangement for temporary quarters for the labourers who do not have settlement near the construction workplace, clean drinking water and supply of necessary food items,
(c) To make appropriate safety arrangements in the construction workplace.
Explanation: For the purpose of this Section, –
(1) “Construction work” means the construction of a building, road, bridge, canal, tunnel, internal or inter-state waterway, railway, construction work or construction of a power station, telecommunication, telephone or telegraphic structure and similar other structure, and this term also includes installation of any machine, tool or equipment in that structure.
(2) “Construction labour” means labour engaged in construction work.
2) Any person or organisation that takes responsibility for or contracts for the construction work shall be deemed to be the employer for the purpose of this Act.
3) When fixing the rate of remuneration and other benefits for the construction labourers, representation of the trade union of the concerned level and of the construction entrepreneurs’ association shall be compulsory.
4) Other provisions relating to the construction labours shall be as prescribed.