Labour Act 2074

Chapter-15 Provisions Relating to Inspection

Section 94: Powers, functions and duties of the Office
1) The powers, functions and duties of the Office shall be as follows:
(a) To carry out monitoring as to whether or not the minimum remuneration, allowance fixed pursuant to this Act or benefits receivable pursuant to the collective agreement and the rights
conferred by the prevailing Nepal law to the labourers and employers have been implemented,
(b) To carry out regular monitoring as to whether or not there has been effective implementation of this Act and the rules framed under this Act, and give necessary direction to the concerned party for their implementation,
(c) To give training on the standards and codes of conduct made pursuant to this Act and other prevailing labour laws and carry out regular monitoring as to whether or not such standards or codes of conduct have been implemented,
(d) To provide necessary technical assistance to labours and employers if such assistance is sought for conducting necessary training,
(e) To give direction to the employer to provide the occupational safety and health standards or employee bye-laws rules or other relevant documents,
(f) To implement the collective agreement entered into between the employer and labourers and arbitral awards,
(g) To inspect as to whether or not children have been employed, and immediately rescue them if found employed and take action against such an employer,
(h) To make an inspection as to whether or not the employer has implemented the provisions relating to occupational safety and health provisions referred to in Chapter-12 in the enterprise and workplace,
(i) To observe or inspect the machine, tool, equipment, goods or material installed in the workplace, and examine whether or not such machine, tool, equipment, goods or material are of prescribed standards, and collect samples thereof if the same needs to be tested,
(j) To make, or cause to be made, periodic or casual inspection of the enterprise or workplace,
(k) To order the concerned enterprise or its office-bearers to provide any register, deed and document, including the electronic record maintained in the enterprise or workplace, and take control of the original register, deed or document or a copy thereof upon entering such an or workplace in the event of failure to so provide,
(l) To obtain information or notice on necessary matters from the employer, managerial level labour or other labour of the enterprise,
(m) If it appears so necessary, to summon the employer, managerial level labour or other labour of the enterprise to appear in the Office and take his or her statement,
(n) If such information is received during the inspection of the workplace or enterprise or from any other source that the employer or labour or trade union has acted contrary to this Act and the rules framed under this Act, to give necessary direction to immediately rectify such an act,
(o) To maintain records of the applications or documents received in the Office or information received from any other sources, give evidence of the registration of such applications or documents or maintain records of the decisions, orders and deeds of mediation or provide a certified copy of any document to one who requests for the same,
(p) To perform such other functions as specified by this Act and prevailing Nepal law to be performed by the Office or
(q) To perform such other functions as may be prescribed.
2) The Office may, if it appears necessary to obtain assistance from the local administration, police or any other body in exercising the power referred to in this Section, request the local administration, police or concerned body to render such assistance.
3) It shall be the duty of the local administration, police and concerned body to render such assistance to the Office if so requested pursuant to sub-section (2).