chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Foreign Employment Act, 2007

Explanation: For the purposes of this Section, "Promotion Expenses" means the visa fee incurred by the licensee while sending a worker to employment and the various expenses incurred in Nepal and abroad while making the worker's quota available. 25. Foreign Employment Contract to be Made: (1) Before departure for foreign employment, a contract shall be made between the employer organization or its representative and the worker, and between the licensee and the worker, clearly explaining to the worker regarding the safety situation in the concerned country, the services and conditions of employment, the conditions to be followed by both parties, and the remuneration the worker will receive Added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015)..

(2) The licensee shall submit two copies of the contract pursuant to Sub-section (1), translated into the Nepali language, to the Department, and the Department shall certify such contract, retain one copy in the Department, and give the other copy to the worker. 26. Insurance to be Done: (1) Before sending a worker for foreign employment pursuant to this Act, the licensee shall arrange insurance of at least five lakh rupees for each worker, valid for the entire contract period, to provide compensation if the worker who has gone for foreign employment dies or becomes disabled at any time for any reason.

(2) A person going for foreign employment individually pursuant to Section 21 shall also arrange insurance of the amount mentioned in Sub-section (1) before going for foreign employment.

(3) Other provisions relating to insurance shall be as prescribed. Chapter-5
Provisions Relating to Training and Classification of Workers

27. Training to be Taken: A worker going for foreign employment shall, before going for foreign employment, take orientation training as prescribed from an organization that has obtained a permit pursuant to Section 28 from the Department. 28.
Foreign Employment Act, 2007

Chapter-5
Provisions Relating to Training and Classification of Workers

27. Training to be Taken: A worker going for foreign employment shall, before going for foreign employment, take orientation training as prescribed from an organization that has obtained a permit pursuant to Section 28 from the Department. 28. Provisions Relating to Organization Conducting Orientation Training: (1) An organization wishing to provide orientation training to workers going for foreign employment shall submit an application to the Department for permission to conduct such orientation training.

(2) The Department shall present the application received pursuant to Sub-section (1) to the Board.

(3) Upon examining the application received pursuant to Sub-section (2), if the infrastructure, manpower and other resources of the organization providing the orientation training are found to be adequate, the Board shall send a letter to the Department to grant permission to the applicant to conduct orientation training for workers going for foreign employment.

(4) If a letter to grant permission is received pursuant to Sub-section (3), the Department shall, after taking the prescribed deposit and permission fee, grant permission to the applicant to conduct orientation training.

(5) An organization that had obtained permission and was conducting training at the time of commencement of this Act shall, if it fulfills the criteria and conditions pursuant to this Section, have its permission renewed by the Department.

(6) Provisions relating to the Amended by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015). renewal, renewal fee and cancellation of the permission granted to an organization to conduct orientation training pursuant to this Section shall be as prescribed. Amended by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).29. Determination of Curriculum and Standard of Orientation Training: (1) The curriculum and standard of orientation training provided by the organization permitted to conduct orientation training pursuant to Section 28 shall be determined by the Board.

(2) The curriculum determined pursuant to Sub-section (1) shall include, in addition to other matters, subjects related to situations of gender-based violence and measures for its resolution. 30. Skill-Based Training to be Taken: A worker going for foreign employment to perform work requiring skill-based training shall take such training from an institution recognized by the Government of Nepal. Explanation: For the purposes of this Section, "Institution recognized by the Government of Nepal" means the Council for Technical Education and Vocational Training and other institutions established under the prevailing law to provide similar types of training and affiliated with the said Council. Added by the Act to Amend Some Nepal Acts, 2075 (2018).30A.
Foreign Employment Act, 2007

Added by the Act to Amend Some Nepal Acts, 2075 (2018).30A. Provisions Relating to Skill Testing: (1) If the skill-based training provided for going to foreign employment is for up to six months, the skill testing of such training shall be conducted by the National Vocational Training Institute.

(2) The method and procedure for skill testing pursuant to Sub-section (1) shall be as determined by the National Vocational Training Institute.

(3) Notwithstanding anything contained elsewhere in this Section, skill testing pursuant to this Section shall not be required for training provided by bodies or organizations under the Government of Nepal or wholly or substantially owned by the Government of Nepal themselves, or for training for which skill testing has been conducted by the Council for Technical Education and Vocational Training. 31. Classification of Workers: The Government of Nepal may, by publishing a notice in the Nepal Gazette, prescribe provisions relating to the classification of workers going for foreign employment and the skill-based training required to be taken according to the classification. Chapter-6
Provisions Relating to Foreign Employment Welfare Fund

32. Establishment of Foreign Employment Welfare Fund: (1) A Foreign Employment Welfare Fund shall be established under the Board for the social security and welfare of workers who have gone for foreign employment and who have returned from foreign employment and their families.

(2) The Fund pursuant to Sub-section (1) shall consist of the following amounts:-

(a) Amount deposited by the worker as prescribed before going for foreign employment,
(b) Interest amount obtained from the mobilization as prescribed of the deposit amount kept pursuant to Sub-section (2) of Section 11,
(c) Amount received as license fee and its renewal fee,
(d) Amount received as permission fee and its renewal fee for organizations conducting training pursuant to Section 28,
(e) Amounts received by the Fund from time to time from organizations related to the foreign employment business,
(f) Grant and assistance amounts received from domestic or foreign individuals or bodies.

(3) Before receiving assistance amounts from foreign individuals or bodies pursuant to Clause (f) of Sub-section (2), the approval of the Government of Nepal shall be obtained. Explanation: For the purposes of this Act, "Family" means the husband or wife, son, daughter or mother, father whom the worker who has gone for foreign employment or returned from foreign employment must support, and in the case of a female worker, also includes her father-in-law and mother-in-law. 33.
Foreign Employment Act, 2007

Explanation: For the purposes of this Act, "Family" means the husband or wife, son, daughter or mother, father whom the worker who has gone for foreign employment or returned from foreign employment must support, and in the case of a female worker, also includes her father-in-law and mother-in-law. 33. Utilization and Operation of Foreign Employment Welfare Fund: (1) The Foreign Employment Welfare Fund shall be utilized for the following purposes:-

(a) To provide skill-based training to workers going for foreign employment,
(b) To repatriate workers to the country, provide compensation, and provide financial assistance to workers so returned or their families, in case of disability of the worker or due to the reason mentioned in Deleted by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015). of Section 75,
Added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).(b1) To defend and plead for offenders charged with serious criminal offences while abroad for foreign employment,
Added by the Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-Based Violence, 2072 (2015).(b2) To conduct publicity about the rights and potential risks of workers going for foreign employment,
(c) To conduct employment-oriented programs for workers returning from foreign employment,
(d) To bring back the body of a worker who died while abroad for foreign employment and whose body is lying unclaimed, and provide financial assistance to the worker's family,
(e) To carry out activities related to foreign employment promotion,
(f) To carry out other activities as prescribed.

(2) Other provisions relating to the operation of the Foreign Employment Welfare Fund shall be as prescribed. Chapter-7
Provisions Relating to Monitoring and Investigation

34. Monitoring: (1) The Department shall, from time to time, monitor and inspect the offices of licensees regarding compliance with this Act or the rules made under this Act or the directives given under this Act, and for this purpose, may inspect the records and other relevant documents maintained by the licensee.

(2) It shall be the duty of the licensee to provide the details and records as requested during the monitoring or inspection pursuant to Sub-section (1). 35.
Foreign Employment Act, 2007

35. Investigation: (1) If a complaint is lodged by a worker regarding the employer organization failing to fulfill its contractual obligations or the licensee failing to take necessary and appropriate action to enforce the terms mentioned in the contract, the Department shall conduct or cause to conduct a necessary investigation into the matter.

(2) If, from the investigation conducted pursuant to Sub-section (1), it appears necessary to repatriate the concerned worker, the Department shall order the licensee to provide the amount required for repatriation of the worker.

(3) If the licensee fails to provide such amount as per the order given by the Department pursuant to Sub-section (2), such worker shall be repatriated from the deposit amount kept by the licensee pursuant to Section 11. If the deposit amount is utilized in this manner, the concerned licensee shall be notified as soon as possible to reimburse such amount, and the licensee shall reimburse such amount to the deposit within fifteen days of receiving such notice.

(4) If the expenditure incurred for repatriating a worker from the deposit amount kept pursuant to Section 11 is insufficient, the licensee shall pay the deficit amount within the time limit prescribed by the Department, and if not paid within such time limit, such amount shall be recovered as a government due. 36. Complaint for Compensation: (1) If the employer organization fails to provide employment according to the terms stipulated in the agreement, the worker or their representative may lodge a complaint with the Department for compensation, along with evidence thereof.

(2) Upon investigating the complaint lodged pursuant to Sub-section (1), if the allegations are found to be reasonable, the Department may order the licensee to pay compensation for the total expenses incurred for going to foreign employment. 37. Power to Give Directives: (1) The Government of Nepal may, from time to time, give necessary directives to licensees regarding foreign employment.

(2) It shall be the duty of the concerned licensee to comply with the directives given pursuant to Sub-section (1). Chapter-8
Constitution, Functions, Duties and Powers of the Board

38.
Foreign Employment Act, 2007

Chapter-8
Constitution, Functions, Duties and Powers of the Board

38. Constitution of the Board: (1) There shall be constituted a Foreign Employment Board as follows for the purpose of promoting the foreign employment business, making it safe, systematic and dignified, and protecting the rights and interests of workers going for foreign employment and foreign employment entrepreneurs, among other purposes:-

(a) In the Act to Amend Some Nepal Acts, 2075 (2018), the words "Labour, Employment and Transport Management" in clauses (a), (b) and (d) were replaced by the words "Labour, Employment and Social Security".Minister/Minister of State for Labour, Employment and Social Security – Chairperson
(b) In the Act to Amend Some Nepal Acts, 2075 (2018), the words "Labour, Employment and Transport Management" in clauses (a), (b) and (d) were replaced by the words "Labour, Employment and Social Security".Amended by Some Nepal Acts Amendment Act, 2062 (2005).Minister of State or Assistant Minister for Labour, Employment and Social Security – Vice-Chairperson
(c) Member, National Planning Commission (looking after the relevant sector) – Member
(d) Secretary, In the Act to Amend Some Nepal Acts, 2075 (2018), the words "Labour, Employment and Transport Management" in clauses (a), (b) and (d) were replaced by the words "Labour, Employment and Social Security".Ministry of Labour, Employment and Social Security – Member
(e) Secretary or representative of the First Class of Nepal Civil Service designated by him/her, Ministry of Home Affairs – Member
(f) Secretary or representative of the First Class of Nepal Civil Service designated by him/her, Ministry of Foreign Affairs – Member
(g) Secretary or representative of the First Class of Nepal Civil Service designated by him/her, Ministry of Finance –

51. Penalty for Refusing to Refund Amount or Pay Compensation: (1) If any licensee fails to refund the amount referred to in sub-section (2) of Section 20 within the time limit as per that sub-section, or refuses to pay compensation as per sub-section (2) of Section 36, the Department may, from the cash deposit kept by the licensee pursuant to Section 11, cause such amount to be refunded or compensation to be paid to the concerned worker, impose a fine of one hundred thousand rupees, and cancel the license.

(2) If, upon refund of the amount or payment of compensation pursuant to sub-section (1), the amount from the cash deposit kept by the licensee pursuant to Section 11 is insufficient when refunding the amount or paying compensation to the concerned worker, the Department shall give the licensee a period of sixty days to pay such insufficient amount, and if the amount is not paid within that period, such amount shall be recovered from the property of the licensee. 52.
Foreign Employment Act, 2007

52. Penalty for Licensee Sending Workers Individually: If any licensee sends workers individually contrary to sub-section (3) of Section 21, such licensee shall be liable to a fine of one hundred thousand rupees to three hundred thousand rupees, or cancellation of the license, or both. 53. Penalty for Charging Excess Visa Fee, Service Fee, or Promotion Expenses: If any licensee charges a fee for a visa obtained free of charge, or charges a fee or expense in excess of what is prescribed, the Department shall cause such invalid or excess fee or expense to be refunded to the concerned person, and The amendment made by the Act to Amend Some Nepal Acts, 2082 is unclear. shall impose a fine of one hundred thousand rupees on such licensee. 54. Penalty for Non-Compliance with Order or Direction: Except as provided in this Chapter, if a licensee fails to comply with this Act or the rules, orders, or directions made under this Act, the Department may, for the first time, give a warning; for the second time, impose a fine of fifty thousand rupees; and if the same offense is repeated for a third time, impose a fine of one hundred thousand rupees and cancel the license. 55. Penalty for Acting or Causing Action Contrary to Contract: If any licensee makes a contract with a worker to work in one company and then causes the worker to work in another company with lower remuneration and facilities, or changes the nature of the work, or causes the worker to be employed in a different job than the one for which the worker was sent for foreign employment, or causes the worker to work at lower remuneration and facilities than those promised, the Department shall impose a fine of one hundred thousand rupees on the licensee, and the Department must cause the licensee to pay to the worker the amount of remuneration and facilities that were underpaid. 56. Penalty for Abettor: Any person who is an abettor in an offense under this Act or who incites the commission of such an offense shall be liable to half the penalty prescribed for that offense. 57. Penalty for Person Acting as Head: If any firm, company, organization, or licensee commits an offense punishable under this Chapter, and the officer or employee committing such offense is identified, such officer or employee shall be punished; and if such officer or employee cannot be identified, the person acting as the head of such firm, company, or organization at the time of the offense shall be punished. 58.
Foreign Employment Act, 2007

Provided that this Section shall not be deemed to prevent a worker who has gone for foreign employment from filing a complaint within one year from the date of the worker's arrival in the home country. 61. Investigation and Inquiry into Offenses Relating to Foreign Employment: (1) If the Department comes to know, directly or indirectly, through a complaint or by any other means, that an offense against this Act or the rules made under this Act has been or is about to be committed, the Department may designate an officer of at least the rank of a class three gazetted officer as an Investigating Officer to investigate and inquire into such offense.

(2) While conducting the investigation and inquiry or collecting evidence under sub-section (1), the Investigating Officer shall have all the powers equivalent to those of the police under the prevailing law, including the power to arrest persons involved in the offense, search any place related to the offense, take possession of documents or other objects related to the offense, record statements, and prepare a report (muchulka).

(3) While conducting the investigation and inquiry under sub-section (2), the Investigating Officer may, after recording the statement of the accused and if there is sufficient prima facie evidence of guilt, stating the reasons, either release the accused on bail or personal bond, or if the accused cannot furnish bail or bond, with the permission of the authority having jurisdiction over the case, keep the accused in custody for action, or may, with the permission of such authority, keep the accused in custody for a maximum period of thirty days, not exceeding seven days at a time.

(4) When filing a case in his/her own name after conducting the investigation and inquiry under this Section, the Investigating Officer shall obtain the opinion of the government attorney.

(5) It shall be the duty of the police and all concerned to provide necessary assistance to the Investigating Officer in the investigation and inquiry work under this Section.

(6) The Investigating Officer conducting the investigation and inquiry into offenses relating to foreign employment under this Section may, if there is reasonable and sufficient cause during the investigation, submit a report to the Department showing reasonable and sufficient grounds for suspending the license of any licensee.

(7) Based on the report under sub-section (6), the Department may suspend the license of such licensee for a maximum period of six months. 62.
Foreign Employment Act, 2007

62. Power to Arrest: (1) If any person has committed an offense under Section 43 of this Act and there is reason to believe that the person will flee if not arrested immediately, a police officer may arrest such person without a warrant.

(2) A person arrested under sub-section (1) shall be produced before the authority having jurisdiction over the case within twenty-four hours, excluding the time required for travel. Chapter 11
Case Proceedings and Adjudication

63. Government of Nepal as Plaintiff: The Government of Nepal shall be the plaintiff in cases under this Act. 64. Provision Relating to Foreign Employment Tribunal: (1) For the purpose of initial proceedings and adjudication of cases other than those specified to be punished by the Department under this Act, the Government of Nepal shall, by publishing a notice in the Nepal Gazette, constitute a three-member Foreign Employment Tribunal consisting of a Judge of the Appellate Court as Chairperson, Amended by the Act to Amend Some Nepal Acts, 2075. a member of the same court designated by the Chairperson of the Labour Court, and an officer of the first class of the judicial service recommended by the Judicial Service Commission as member.

(2) The term of office of the Chairperson and members of the Foreign Employment Tribunal shall be four years.

(3) The terms of service and facilities of the Chairperson and members of the Foreign Employment Tribunal shall be as prescribed.

(4) The Foreign Employment Tribunal shall exercise its jurisdiction as prescribed.

(5) Until the Tribunal under this Section is constituted, the work and proceedings to be done by the Foreign Employment Tribunal under this Act shall be done by the concerned District Court.

(6) The Government of Nepal shall provide the necessary staff for the Foreign Employment Tribunal. 65. Procedure for Cases: The proceedings and adjudication of cases filed under this Act shall be conducted in accordance with the Summary Procedure Act, 2028. 66. Appeal: (1) A party dissatisfied with a decision made by the Department under this Act may appeal to the Government of Nepal within thirty-five days from the date of the decision.

(2) A party dissatisfied with a decision made by the Foreign Employment Tribunal under this Act may appeal to the Supreme Court within thirty-five days from the date of the decision. Chapter 12
Miscellaneous

67. Department of Foreign Employment: There shall be a Department of Foreign Employment under the Ministry of Labour, Employment and Social Security to carry out work relating to foreign employment. 68.
Foreign Employment Act, 2007

Chapter 12
Miscellaneous

67. Department of Foreign Employment: There shall be a Department of Foreign Employment under the Ministry of Labour, Employment and Social Security to carry out work relating to foreign employment. 68. Appointment of Labour Attaché: (1) The Government of Nepal shall appoint at least a gazetted officer as a Labour Attaché in countries where five thousand or more workers have been sent for foreign employment.

(2) The functions, duties, and powers of the Labour Attaché shall be as follows:

(a) To inform the Government of Nepal about the labour and employment situation in the country where Nepali workers are present, factual information regarding immigration, and the steps taken by that country to protect labour and international human rights and the interests of workers.

(b) To assist in resolving any disputes arising between workers, employer organizations, or licensees.

(c) To make necessary arrangements to repatriate workers who have become stranded in the course of foreign employment. Added by the Act to Amend Some Nepal Acts for Gender Equality and Ending Gender-Based Violence, 2072.(c1) To immediately rescue workers who are victims of gender-based violence in the course of foreign employment, initiate proceedings to obtain legal remedies as per the law of the concerned country as necessary, and make arrangements to repatriate the victim to Nepal through the concerned foreign employment entrepreneur depending on the situation.

(d) To provide information to the Government of Nepal if work suitable to the skills of Nepali workers is available in the concerned country.

(e) To take initiative to repatriate the bodies of workers affected by natural disasters or who have died for any reason, with the assistance of the concerned country or employer organization.

(f) To attempt to make bilateral agreements at the government level for the supply of workers from Nepal.

(g) To provide necessary counseling to workers and discourage them from doing work other than that specified in the contract.

(h) To supervise activities that may affect workers.

(i) To perform other functions as specified by the Government of Nepal from time to time.

(3) If both a diplomatic mission and a Labour Attaché exist in a foreign country, the obligation to perform the functions and duties mentioned in sub-section (1) shall vest in the Labour Attaché. 69.
Foreign Employment Act, 2007

69. Repatriation of Worker's Earnings: (1) Nepali workers who have gone for foreign employment must repatriate their savings earned through a bank or a licensed banking service providing institution to their home country.

(2) Notwithstanding anything contained in sub-section (1), any worker may bring along with him/her the savings earned in the course of foreign employment when returning to the home country.

(3) If any Nepali worker repatriates earnings earned while staying abroad within the period specified in the contract through a bank or a banking service providing institution, such worker shall be provided with facilities as prescribed. 70. License Not to Be Issued: Notwithstanding anything contained elsewhere in this Act, a license shall not be issued to any institution if a person who has been convicted by a court for any offense under this Act and five years have not elapsed since such conviction, and if such person is a manager or operator of that company. 71. Government of Nepal May Reward: (1) The Government of Nepal may, based on prescribed criteria and on the recommendation of the Board, reward one outstanding licensee each year with a certificate of appreciation.

(2) Other provisions relating to rewarding licensees shall be as prescribed. 72. Provision Relating to Health Examination: (1) A worker going for foreign employment must undergo a health examination at a health institution approved by the Government of Nepal before going abroad.

(2) If a person who has undergone a health examination under sub-section (1) and has gone for foreign employment is compelled to return to the home country due to a false health examination report given knowingly, negligently, or with bad faith, the institution that conducted such false health examination shall bear the expenses incurred while going for foreign employment and returning.

(3) There shall be an expert committee as prescribed to decide whether a false health examination report was given under sub-section (2). 73. Provision for Labour Desk: (1) The Government of Nepal may establish Amended by the Act to Amend Some Nepal Acts, 2082. a Labour Desk at the international airport and, as necessary, at other places to check whether a worker about to go for foreign employment is going in accordance with this Act.

(2) The Labour Desk under sub-section (1) shall check whether the worker has the necessary documents, including foreign employment permission, orientation certificate, payment receipt or voucher, and the like.

(3) The Labour Desk under sub-section (1) shall send a report, including records of workers who have gone for foreign employment, to the Ministry every week. 74.
Foreign Employment Act, 2007

74. Provision Relating to Opening Branches and Appointing Representatives (Agents): (1) A licensee may open a branch or appoint a representative in the country where it sends workers, with approval as prescribed from the Department.

(2) A licensee may open a branch Deleted by the Act to Amend Some Nepal Acts, 2075. within Nepal with approval as prescribed from the Department.

(3) When appointing a representative under sub-section (1) or (2), a deposit must be kept as prescribed, and the licensee shall remain liable for the acts and actions of such representatives.

(4) Amended by the Act to Amend Some Nepal Acts, 2075. Other provisions relating to opening branches and appointing representatives in foreign countries shall be as prescribed. 75. Provision for Repatriating Workers: (1) If a worker becomes stranded due to not receiving the facilities as per the contract and a situation arises requiring the worker to be repatriated, the concerned licensee must repatriate such worker.

(2) If it becomes necessary to immediately repatriate workers due to war, epidemic, or natural disaster in the country where Nepali workers are present, the Government of Nepal shall make arrangements to repatriate the workers through the diplomatic mission or the Labour Attaché. 76. Obligation to Return Home After Expiry of Visa: (1) Workers who have gone for foreign employment under this Act must return home after the expiry of the visa of the concerned country.

(2) The licensee shall have the obligation to repatriate, with the assistance of the Department, workers who do not return home under sub-section (1).

(3) Amended by the Act to Amend Some Nepal Acts, 2082. After a worker has been repatriated under sub-section (2), the Government of Nepal may impose a ban preventing such repatriated person from going to the concerned country for up to Amended by the Act to Amend Some Nepal Acts, 2082. one year. 77. Facilities to Licensees: Licensees shall be provided with facilities as prescribed when dealing in foreign currency in the course of operating a foreign employment business. 78. Publication of Details Relating to Licensed Institutions: (1) The Department shall, from time to time, publish details including the name, address, telephone number, details of appointed representatives (agents) or branches opened, and the term of the license of institutions that have obtained licenses under this Act, through various newspapers or its website.

(2) When publishing details under sub-section (1), if an investigation or action is underway against any licensee for an offense under this Act, or if any licensee's license has been cancelled, that fact must also be updated. 79.
Foreign Employment Act, 2007

79. Relating to the Work and Proceedings of the Department: (1) The Department shall submit a monthly report of its work and proceedings under this Act to the Government of Nepal, Ministry of Labour, Employment and Social Security.

(2) The Ministry may, from time to time, give necessary directions to the Department regarding the work and proceedings to be done under this Act. 80. Records and Reports: (1) A licensee must maintain records of workers sent for foreign employment as prescribed. The Department may inspect, call for, and examine such records at any time.

(2) Every licensee shall submit an annual report to the Department, disclosing the prescribed details, within thirty days of the end of each fiscal year. 81. Delegation of Powers: (1) The Government of Nepal may, by publishing a notice in the Nepal Gazette, delegate some of its powers under this Act to any government body or officer.

(2) The Board may delegate some of its powers under this Act to the Executive Director. 82. Power to Remove Difficulties: If any difficulty arises in implementing the objectives of this Act, the Government of Nepal may, by publishing a notice in the Nepal Gazette, issue necessary orders to remove such difficulty. 83. Protection for Acts Done in Good Faith: No government employee shall be personally liable for the exercise of powers conferred by this Act if done in good faith. 84. Matters to Be as per This Act: Matters mentioned in this Act shall be as per this Act, and matters not mentioned herein shall be as per the prevailing Nepali law. 85. Power to Make Rules: The Government of Nepal may make necessary rules to implement the objectives of this Act. 86. Repeal and Saving: (1) The Foreign Employment Act, 2042 is hereby repealed.

(2) All work and proceedings done under the Foreign Employment Act, 2042 shall be deemed to have been done under this Act. 87. Transfer of Cases: Cases filed in the District Court after investigation and inquiry by the Department under the Foreign Employment Act, 2042 at the time of the commencement of this Act shall, after the constitution of the Tribunal under Section 64, be transferred to that Tribunal.
Nepal Agency Act, 1957

Nepal Agency Act, 2014

Lalmohar Confirmed Date
2014.1.2

Published in Nepal Gazette Date
2014.1.3

Amending Acts

1. Nepal Agency (Amendment) Act, 2017 2018.1.4 2018.1.6
2. Some Nepal Laws (Amendment and Re-arrangement) Act, 2020 2020.1.16 2020.1.16

Certification and Publication Date
3. Republic Strengthening and Amendment of Some Nepal Laws Act, 2066 2066.10.7

Act No. 19 of the year 2014



An Act to Regulate Agency Related Work

Whereas, to prevent Agents, Distributors, Stockists, Nominees or Representatives from taking undue advantage in the sale of goods, and to regulate that work and make other related arrangements amended by the Some Nepal Laws (Amendment and Re-arrangement) Act, 2020. it is desirable to maintain the convenience and economic interest of the general public; therefore, this Act is enacted and issued by His Majesty the King. 1. Short Title, Extent and Commencement: (1) This Act may be called the "Nepal Agency Act, 2014".

(2) It shall come into force immediately throughout Nepal. 2. Definition: Unless the subject or context otherwise requires, in this Act-

(a) "Agent" means a person who takes an agency of a domestic or foreign firm for the whole of Nepal or any part thereof, and this word also denotes a person acting as a Distributor, Stockist, Nominee or Representative.

(b) "Registered Agent" means a person whose name is registered as an agent under Section 4 of this Act.

(c) "Prescribed" or "as prescribed" means prescribed by or as per the rules or orders under this Act. 3. Prohibition from Acting as Agent without Registration under this Act: After the commencement of this Act, no person shall be entitled to act as an agent without being registered as an agent under this Act. 4. Registration of Name as Agent: (1) Any person desiring to become an agent after the commencement of this Act shall submit an application to the prescribed authority stating the particulars as prescribed for registering his name as an agent.

(2) Upon receipt of an application under sub-section (1), the prescribed authority may, after requiring the deposit of the prescribed fee and security and obtaining a bond as prescribed from the applicant, register the name as an agent.

(3) While registering a name as an agent under this Section, preference shall be given to citizens of Nepal. 5. Submission of Statement: Every registered agent shall submit to the authority a statement, in the prescribed form, of goods received, sold, and in stock, and the price thereof, at the prescribed times. Amended by Nepal Agency (Amendment) Act, 2017.6.
Nepal Agency Act, 1957

5. Submission of Statement: Every registered agent shall submit to the authority a statement, in the prescribed form, of goods received, sold, and in stock, and the price thereof, at the prescribed times. Amended by Nepal Agency (Amendment) Act, 2017.6. Agents Operating Before Commencement of this Act: All approvals granted by the Government of Nepal before the commencement of this Act in relation to acting as an agent shall be required to be renewed within the period prescribed by the Government of Nepal by publishing a notice in the Nepal Gazette. If not renewed within such period, such approvals shall not remain in force. 7. Penalty for Breach of Bond: If an agent violates the bond executed by him under sub-section (2) of Section 4, the Government of Nepal may prohibit him from acting as an agent for up to five years or impose a fine of up to Rs. 500. 8. Penalty for Violation of Section 3: If any person violates Section 3, the Government of Nepal may impose a fine of up to Rs. 1,000 on such person. 9. Other Penalties: Without prejudice to the penalties specified in the foregoing Sections, any person contravening any provision of this Act or of the orders or rules made under this Act may be prohibited by the Government of Nepal from acting as an agent for up to 2 years or be fined up to Rs. 200. 10. Power to Issue Orders and Make Rules: (1) The Government of Nepal may, from time to time, issue orders and make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the power conferred by sub-section (1), such orders and rules may, in particular, provide for the following matters:-

(a) Prescribing the authority under this Act.

(b) The particulars to be stated in the application for registration of name as an agent.

(c) The form of the bond.

(d) The fee to be deposited for registration of name as an agent.

(e) The period for acting as an agent, the renewal thereof, and the fee to be deposited for renewal.

(f) The time for submitting to the prescribed authority the statement of goods received, sold, and in stock, and the price thereof, by a registered agent, and the form of such statement.

(g) The procedure for making amendments or additions to the particulars furnished under sub-section (1) of Section 4 or for altering the bond executed under sub-section (2) of Section 4, and

(h) The procedure to be followed when a registered agent needs to increase or decrease the price according to the statement submitted by him under Section 5. 11.
Madan Bhandari University of Science and Technology Act, 2022

Madan Bhandari Science and Technology University Act, 2079

Certification Date
2079.04.18

Amending Act

1. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act Number 16 of the year 2079

An Act Made to Provide for the Madan Bhandari Science and Technology University

Preamble: Whereas, it is desirable to make necessary provisions regarding the establishment and operation of a public character Madan Bhandari Science and Technology University with the objectives of producing competent, high-level technical, scientific, and intellectual personnel required for the country, creating new knowledge and technology, and making existing knowledge and technology available by adapting them to the local context,

The Federal Parliament has enacted this Act. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Madan Bhandari Science and Technology University Act, 2079".

(2) This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Chairperson" means the Chairperson of the University pursuant to Section 12.

(b) "Faculty Member" means a faculty member pursuant to Section 19.

(c) "Researcher" means a researcher pursuant to Section 19.

(d) "Vice-Chairperson" means the Vice-Chairperson of the University pursuant to clause (b) of Section 6.

(e) "Employee" means an employee of the University pursuant to Section 19.

(f) "Executive Council" means the Executive Council pursuant to Section 11.

(g) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

(h) "Academic Council" means the Academic Council pursuant to Section 10.

(i) "Ministry" means the Ministry of Education, Science and Technology of the Government of Nepal.

(j) "University" means the Madan Bhandari Science and Technology University established pursuant to Section 3.

(k) "Science and Technology" means science, engineering, and other technical subjects.

(l) "President" means the President of the Board of Trustees pursuant to sub-section (14) of Section 7.

(m) "Trustee" means a member of the Board of Trustees and the said term also denotes the President.

(n) "Board of Trustees" means the Board of Trustees pursuant to Section 7. Chapter-2

Establishment of the University

3. Establishment of the University: (1) The Madan Bhandari Science and Technology University is established to produce competent human resources capable of competing internationally in the subjects and fields of science and technology and to further contribute to the development of new knowledge and technology.

(2) The University shall be called "Madan Bhandari University of Science and Technology" in English and abbreviated as "MBU".

(3) The University shall be located at a place designated by the Board of Trustees. 4.
Madan Bhandari University of Science and Technology Act, 2022

8. Meeting of the Board of Trustees: (1) A meeting of the Board of Trustees shall be held at least once every three months.

(2) The meeting of the Board of Trustees shall be held on the date, time, and place determined by the President.

(3) At least fifteen days prior to the meeting, the Secretary of the Board of Trustees shall give notice to all Trustees along with the agenda of subjects to be discussed in the meeting.

(4) If more than fifty percent of the Trustees currently holding office in the Board of Trustees are present, the meeting shall be deemed to have constituted a quorum.

(5) The meeting of the Board of Trustees shall be chaired by the President.

(6) The opinion of the majority shall prevail in a meeting of the Board of Trustees, and in case of a tie, the person chairing the meeting shall cast the casting vote.

(7) The decision of the meeting of the Board of Trustees shall be recorded by the Secretary of the Board of Trustees and certified by the person chairing the meeting.

(8) With the approval of the President, Trustees may also participate in the meeting of the Board of Trustees through the use of communication technology.

(9) Other procedures relating to the meeting of the Board of Trustees shall be as determined by that Board itself. 9. Functions, Duties, and Powers of the Board of Trustees: In addition to the functions, duties, and powers mentioned elsewhere in this Act, the functions, duties, and powers of the Board of Trustees shall be as follows:

(a) To approve the academic, scholarly, administrative, and other necessary policies and standards of the University,

(b) To manage or arrange for the management of necessary resources for the University,

(c) To approve short-term and long-term plans, policies, and strategies to develop the University as a world-class university,

(d) To approve the annual plan, policy, budget, and program of the University,

(e) To approve rules required for the University,

(f) To review the quarterly progress report of the University,

(g) To determine and confer degrees to be awarded by the University,

(h) To determine the terms of service, salary, and facilities of faculty members, researchers, and employees,

(i) To take action against other office-bearers who act against the interest of the University or fail to perform satisfactory work,

(j) To protect and promote the academic values and reputation of the University,

(k) To make necessary arrangements for the smooth functioning of the University,

(l) To perform or cause to perform other functions as prescribed. Chapter-5

Formation, Functions, Duties, and Powers of the Academic Council

10.
Madan Bhandari University of Science and Technology Act, 2022

Chapter-5

Formation, Functions, Duties, and Powers of the Academic Council

10. Formation of the Academic Council: (1) There shall be an Academic Council to function as the body to organize the academic work of the University.

(2) The Academic Council shall be formed as follows:

(a) Chairperson - Coordinator

(b) One person nominated by the Chairperson from among the Vice-Chairpersons - Member

(c) Three persons, including at least one woman, nominated by the Chairperson from among the faculty members of the University - Member

(d) Two experts, including at least one woman, nominated by the Board of Trustees - Member

(3) The Academic Council formed pursuant to sub-section (2) may also include other members as prescribed.

(4) The functions, duties, and powers of the Academic Council shall be as follows:

(a) To approve the curriculum of the University,

(b) To determine the type of examinations to be conducted under the University and to evaluate academic programs,

(c) To determine and maintain the educational quality of the University,

(d) To determine the qualifications and criteria required for admission to subjects taught and studied at the University,

(e) To recommend to the Board of Trustees for degrees to be awarded by the University,

(f) To perform other functions as prescribed. Chapter-6

Formation, Functions, Duties, and Powers of the Executive Council

11. Formation of the Executive Council: (1) There shall be an Executive Council to function as the executive body of the University.

(2) The Executive Council shall be formed as follows:

(a) Chairperson - Member

(b) Vice-Chairpersons - Member

(c) Three members nominated by the Board of Trustees from among the faculty members of the University on the recommendation of the Chairperson - Member

(d) Two members nominated by the Board of Trustees from among the heads of bodies pursuant to clause (d) of Section 5 - Member

(3) The functions, duties, and powers of the Executive Council shall be as follows:

(a) To prepare policies, annual programs and budget, progress reports, audit reports, and other necessary proposals of the University and submit them to the Board of Trustees for approval,

(b) To prepare drafts of rules relating to the University and submit them to the Board of Trustees for approval,

(c) To mobilize financial resources required for the University,

(d) To submit posts of faculty members, researchers, and employees to the Board of Trustees for approval,

(e) To appoint the required faculty members, researchers, and employees as prescribed,

(f) To determine tuition and other fees,

(g) To periodically evaluate the performance of the University and submit a report thereon to the Board of Trustees,

(h) To perform or cause to perform other functions as prescribed.