chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Labour Act, 2017

121. Strike may be called for resolution of collective dispute: (1) The collective bargaining committee may call a strike for the resolution of a collective dispute in any of the following circumstances:-
(a) if the circumstances requiring mandatory arbitration under sub-section (1) of section 119 do not exist,
(b) if the arbitrator fails to perform the arbitration,
(c) if the arbitration cannot be constituted or a decision that arbitration must be conducted is not made within twenty-one days of application to the Ministry,
(d) if the arbitrator fails to decide within the prescribed period,
(e) if the employer refuses to implement the decision made by the arbitrator or challenges that decision legally, and
(f) if any party disagrees with the decision of the arbitrator under sub-section (2) of section 122, except in cases where mandatory arbitration is required.

(2) If a strike is desired under sub-section (1), a written notice containing the demands and specifying the date on which the strike will commence shall be given to the employer at least thirty days in advance, and information thereof shall also be given to the local administration and the concerned Office.

(3) Notwithstanding anything written elsewhere in this Act, if after giving notice of a strike under sub-section (2) or after the strike commences, the Ministry orders the dispute to be resolved by arbitration under sub-section (2) of section 119, such strike shall be suspended, and the parties shall participate in the arbitration process.

(4) Notwithstanding anything written elsewhere in this section, workers deployed in duties of shift, watch, and security of the enterprise shall not be entitled to participate in a strike during the time they are deployed in their duties and to perform acts under section 125. 122.
Labour Act, 2017

122. Decision of arbitrator and collective agreement to be binding: (1) The decision made by the arbitrator in relation to collective disputes that require mandatory arbitration under sub-section (1) of section 119 shall be binding on the concerned parties.

(2) If any party to the dispute sent for arbitration pursuant to an order of the Ministry under sub-section (2) of section 119 is not satisfied with the decision made by the arbitrator, unless such party expresses disagreement in writing to the arbitrator within five working days from the date of such decision, such decision shall automatically be binding on the concerned parties after the expiry of that period.

(3) The collective agreement and the decision of the arbitrator shall be registered in the Office for implementation and record.

(4) A collective agreement shall be effective from the date specified therein, and if no effective date is specified, from the date of signature of the agreement; a decision by the arbitrator shall be effective from the date of such decision and shall remain in force for two years and shall be recognized as law.

(5) Notwithstanding anything written in sub-section (4), unless amended or repealed by another collective agreement or decision of the arbitrator, the provisions mentioned in the collective agreement or decision of the arbitrator shall remain in force as they are. 123. Special provision relating to submission of collective demand: (1) In tea gardens, the carpet sector, construction business, labour suppliers, the transport sector, or in industry groups of producers of goods or service providers or traders of similar nature as prescribed, a union federation active therein may form a collective bargaining committee and submit a collective demand to the concerned employers' association of the industry group as prescribed.

(2) The manner of submitting a demand under sub-section (1), procedures relating to collective bargaining, and arrangements relating to the agreement shall be as prescribed.

(3) In the case of an enterprise to which a collective agreement under this section applies, a collective demand shall not be submitted or an agreement made under this Chapter.

(4) Notwithstanding anything written in sub-section (4) of section 122, the Ministry may issue an order requiring the submission of a collective demand and negotiation at a specific time. If such an order is issued, it may be earlier or later than the time mentioned in the same sub-section of the same section for one time. 124.
Labour Act, 2017

If such an order is issued, it may be earlier or later than the time mentioned in the same sub-section of the same section for one time. 124. Lockout may be declared: (1) If a strike is called without notice under this Act, or if a strike continues, or if a collective dispute is not resolved through the procedures under this Act, a lockout may be declared in the enterprise with the approval of the Department, upon giving justification from the management side.

(2) Before declaring a lockout under sub-section (1), the manager shall issue a notice to inform the workers, mentioning at least the date of the lockout, stating that a lockout will be declared if the strike is not ended, at least seven days in advance.

(3) Notwithstanding anything written in sub-sections (1) and (2), if during the strike period there is a situation causing damage to the enterprise due to picketing, rioting, vandalism, etc. by workers, the manager may declare a lockout. If a lockout is declared in such manner, information with justification for the lockout shall be given to the Office or Department and local administration within three days.

(4) Upon receiving information under sub-section (3), the local administration shall immediately make necessary arrangements for security at such workplace.

(5) If a lockout imposed on any enterprise appears unjustified, or if it is likely to disrupt the peace and security of the country, or if it is detrimental to the economic interest of the country, the Department may at any time declare such lockout illegal.

(6) Notwithstanding anything written elsewhere in this section, a lockout shall not be declared in an enterprise operating an essential service. 125. Picketing or meeting may be conducted: (1) In the event of a strike or lockout, workers may peacefully picket or hold a meeting at the workplace or at the main gate of the enterprise with the objective of pressuring for the fulfillment of demands.

(2) Except in the situation of a strike or lockout, picketing or meetings may be conducted only before or after working hours or during break time in a manner that does not disrupt the work of the workplace or enterprise.

(3) Even in the situation of picketing or a meeting under sub-section (1), workers shall not engage in acts such as preventing anyone from entering or exiting the workplace or enterprise, or causing any damage to the workplace. 126. Employment agreement not to be breached: No worker shall be deemed to have breached the employment agreement by reason of participating in a strike, lockout, picketing, or filing a complaint according to law, and the employment relationship shall be deemed to continue during that period. 127.
Labour Act, 2017

126. Employment agreement not to be breached: No worker shall be deemed to have breached the employment agreement by reason of participating in a strike, lockout, picketing, or filing a complaint according to law, and the employment relationship shall be deemed to continue during that period. 127. Remuneration for period of strike or lockout: (1) A worker participating in a strike contrary to prevailing law shall not receive any remuneration for such strike period.

(2) If an employer declares a lockout contrary to law, the worker shall receive full remuneration for that period.

(3) If there is any agreement in the collective agreement regarding receiving remuneration, it shall be as agreed; otherwise, a worker shall receive half remuneration during the period of a strike or lockout conducted after completing the procedures under this Act.

(4) If a question arises as to whether any strike or lockout in an enterprise is contrary to law, the Department shall, upon making necessary inquiry, decide within thirty-five days. 128. Suit for damages not to be filed: (1) If any economic loss is caused to an employer or worker due to a strike, picketing, or lockout conducted after completing the procedures under this Act, no suit shall be filed in any court against the workers, collective bargaining committee, trade union, or employer conducting the strike, picketing, or lockout in relation to such loss.

(2) Notwithstanding anything written in sub-section (1), if there is vandalism, arson, or destruction of any property or physical damage caused in any manner at the workplace, an amount equal to the loss or damage may be recovered from the person or group committing such act in accordance with prevailing law. 129. Collective bargaining or agreement to be conducted in good faith: (1) The trade union or collective bargaining committee or employer shall conduct collective bargaining or a collective agreement in good faith.

(2) Other arrangements relating to collective bargaining or agreement shall be as prescribed. Chapter-20

Provisions Relating to Conduct and Penalties

130. Observance of discipline and duty: It shall be the duty of every worker to observe discipline and duty under this Act or the rules or by-laws made under this Act. 131.
Labour Act, 2017

132. Sexual harassment not to be committed: (1) No person shall, by exerting undue influence at the workplace or in the course of work, commit or cause to commit any act deemed to be sexual harassment according to law.

(2) The employer may impose a penalty on a worker who commits sexual harassment, up to dismissal from service, considering the nature and severity of the harassment.

(3) If the employer or chief executive of the enterprise commits sexual harassment, the union, the victim, or any member of his/her family may file a complaint according to law. 133. Provisions relating to misconduct may be made in by-laws: (1) If a regulatory body regulating banks or financial institutions, schools, telecommunication service providers, hospitals, airline services, insurance companies, or enterprises of a specific nature has specified a specific penalty for a specific type of misconduct, provision may be made in the by-laws accordingly.

(2) Provision may be made in the by-laws of the enterprise, by a collective agreement or with the permission of the Department, to dismiss from service for committing misconduct of a serious nature. 134. Suspension may be made: (1) If a worker is in custody according to law, such worker shall be automatically suspended for that entire period and shall not receive remuneration for that period. Provided that if a worker placed in custody upon a complaint filed by the employer himself/herself is proven innocent, he/she shall receive full remuneration for that period.

(2) Except in the situation under sub-section (1), if it is not deemed appropriate to keep a worker proposed for punishment under sub-section (4) of section 131 on duty, or if there is a possibility that the worker, while being kept on duty, might destroy evidence relating to the allegation against him/her, or if there is a possibility of obstruction to the investigation, the employer may suspend such worker.

(3) While suspending a worker under sub-section (2), the suspension shall generally not exceed three months. Provided that if the investigation is not completed, the suspension period may be extended by up to one month.

(4) During the suspension period under sub-section (2), the worker shall receive half remuneration.

(5) If a worker placed under suspension under sub-section (2) is acquitted of the allegation against him/her, he/she shall receive the full remaining remuneration after deducting the remuneration received during that period, and also the salary increment if he/she would have received it.

(6) Except in the case of being in custody on a complaint or report filed by the employer himself/herself, if the suspension period under sub-section (1) exceeds ninety days, the employer may terminate the service of such worker.
Labour Act, 2017

In such termination, an opportunity of hearing need not be given. 135. Opportunity to submit defense to be given: Before imposing a penalty on a worker for misconduct, the punishing officer shall give an opportunity to submit his/her defense within a period of seven days, clearly mentioning the fact of misconduct and the possible penalty if proven. 136. Punishing officer: (1) The power to impose a penalty for misconduct shall vest in the chief executive in the case of an enterprise.

(2) Notwithstanding anything written in sub-section (1), if the by-laws authorize a managerial-level worker to take final decisions also regarding penalties for misconduct, such officer shall have the authority to investigate and impose penalties. 137. Period for decision: (1) If a worker is found to have committed misconduct, proceedings shall be initiated within two months from the date such conduct came to knowledge.

(2) A decision shall be made within three months from the date of initiation of proceedings under sub-section (1). 138. Penalty may be reduced: (1) Nothing mentioned in this Chapter shall be deemed to prevent the imposition of a smaller penalty where a larger penalty is proposed for a worker.

(2) If any enterprise has made by-laws providing for a penalty lesser than the penalty under this Chapter, the provision of such by-laws shall apply in the case of a worker of that enterprise. Chapter-21
Provisions Relating to Termination of Employment

139. Security of employment: (1) The employment of any worker shall not be terminated except in circumstances under this Act and the rules or by-laws made under this Act.

(2) When terminating employment, a just and sufficient cause shall be stated. 140. Termination of employment of worker on time-based or task-based employment: The employment of a worker on time-based or task-based employment shall terminate in the following circumstances:-
(a) In the case of a worker on time-based employment, after the expiry of the period mentioned in the employment agreement. Provided that, if the worker is on project-based employment and such period is extended, or if the period for completing such work is extended based on the nature of work, the employment shall not terminate until such period.
(b) In the case of a worker on task-based employment, after the completion of the work mentioned in the employment agreement, or
 Provided that, if the worker is on project-based employment and such work is extended, or if such work is extended based on the nature of work, the employment shall not terminate as long as such work exists.
(c) In the case of a worker on casual employment, at the will of the employer or worker. 141.
Labour Act, 2017

141. Employment may be terminated voluntarily: (1) A worker may terminate employment by submitting a written resignation to the employer.

(2) The resignation submitted by the worker under sub-section (1) shall be approved by the employer within fifteen days, and information thereof shall be given to the concerned worker.

(3) If the employer does not approve the resignation within the period under sub-section (2), such resignation shall be deemed to have been automatically approved from the day following the expiry of such period.

(4) Notwithstanding anything written elsewhere in this section, the resignation submitted by a worker may be cancelled by mutual agreement between the employer and the worker.

(5) If the worker continues to work in the same enterprise even after the day the resignation is approved and takes effect, his/her resignation shall be deemed to have been cancelled. 142. Employment may be terminated due to lack of competence: (1) If, upon evaluating the performance of a worker as provided in this Act or the rules and by-laws made under this Act, his/her competence is found unsatisfactory or substandard for three consecutive times or more, the employer may terminate the employment of such worker.

(2) Before terminating employment under sub-section (1), a performance evaluation must have been conducted as mentioned in this Act or the rules and by-laws made under this Act.

(3) An employer of an enterprise where ten or more workers are employed shall, before terminating employment under this section, give the worker at least seven days to submit a defense. 143. Employment may be terminated due to health reasons: (1) If a worker becomes physically or mentally disabled, impaired, or injured and unable to work, or if long-term treatment is required affecting work, the employer may terminate the employment of such worker on the basis of a doctor's recommendation.

(2) Notwithstanding anything written in sub-section (1), if a worker is hospitalized for treatment due to an accident occurring in the course of performing work assigned by the employer, or due to an occupational disease, the employment of such worker shall not be terminated during the entire period of treatment while hospitalized, and for up to one year from the date treatment commenced if treated at home, and the employer shall pay full remuneration for such period. Provided that, if remuneration is received from the Social Security Fund for the treatment period, the employer shall not be required to pay remuneration under this sub-section.

(3) Except in the situation mentioned in sub-section (2), in the case of a worker unable to attend the work of the enterprise for treatment due to health reasons, the employment shall not be terminated for up to six months.
Labour Act, 2017

Provided that, if a doctor clearly recommends that the worker cannot return to work, this sub-section shall not be deemed to prevent earlier removal from service.

(4) Notwithstanding anything written in sub-section (1), if a worker who is physically disabled, impaired, or injured can be employed in some work suitable to his/her health condition, the employer shall employ such worker in that work. 144. Notice to be given: (1) Except in the case of termination of employment due to disciplinary action for misconduct, before terminating the employment relationship, the employer or worker shall give notice to each other as follows:-
(a) in the case of employment up to four weeks, at least one day in advance,
(b) in the case of employment from four weeks to one year, at least seven days in advance, and
(c) in the case of employment for more than one year, at least thirty days in advance.

(2) If the employer terminates employment without giving notice under sub-section (1), he/she shall pay remuneration for the period for which notice should have been given to the concerned worker.

(3) If a worker terminates employment without giving notice to the employer under sub-section (1), the employer may deduct an amount equal to the remuneration for the period for which notice should have been given from the remuneration payable to the concerned worker. 145. Worker may be retrenched: (1) If economic difficulties arise in the operation of the enterprise, or if the number of workers becomes excessive due to the merger of more than one enterprise, or if the enterprise has to be partially or completely closed for any other reason, the employer may retrench the number of workers.

(2) While retrenching the number of workers under sub-section (1), the employer shall give notice to the Office, and to the authorized trade union at the enterprise level if any, or if none, to the active trade union or the Labour Relations Committee in the enterprise, stating

157. Power to Compromise: (1) Notwithstanding the stage of proceedings reached in a case pending in the Labour Court under this Act, the Labour Court may, upon application by the concerned party, permit the compromise, staying, or withdrawal of such case.

(2) No fine, penalty, or fee of any kind shall be imposed upon compromising, staying, or withdrawing a case pursuant to subsection (1). 158.
Labour Act, 2017

158. High Court to function as Labour Court: (1) Notwithstanding anything written elsewhere in this Chapter, the Government of Nepal may, by publishing a notice in the Nepal Gazette, designate any High Court with jurisdiction to function as a Labour Court.

(2) The High Court designated pursuant to subsection (1) may exercise all powers exercisable by a Labour Court under this Chapter while conducting and deciding cases. 159. To be sent to the body having jurisdiction: While deciding that a case filed in the Labour Court or Office under this Act or prevailing law lacks jurisdiction, the Labour Court or Office shall fix a date and send the case along with the record to the concerned competent body for decision. 160. Procedure of the case: Other provisions relating to the procedure of cases filed in the Labour Court shall be as prescribed. 161. Appeal lies to the Supreme Court: (1) A party dissatisfied with an order or judgment rendered in a case originally tried and decided by the Labour Court under this Act may file an appeal in the Supreme Court within thirty-five days from the date of receipt of such order or judgment.

(2) A decision made by the Labour Court in an appellate capacity shall be final. Chapter 23

Provisions Relating to Complaints, Penalties and Appeals

162. Who may file a complaint: If any person, employer, worker, or office-bearer commits an act contrary to this Act or the Rules framed under this Act, the party aggrieved by such act, or, with the written consent of the aggrieved party, the concerned Trade Union, may file a complaint with the body authorized to decide under section 163 or 164 within six months from the date of such act. 163.
Labour Act, 2017

164. Labour Court may decide: (1) If any person engages another in bonded labor, the Labour Court may sentence such person to imprisonment for up to two years or a fine of up to five hundred thousand rupees or both, and may order such person to pay the worker the remuneration, allowances, and facilities, along with twice that amount as compensation. Provided that if any person has taken a worker outside Nepal and made them bonded, the Court shall order that person to also bear the expenses incurred in bringing the worker back to Nepal.

(2) If, due to willful or negligent violation of the provisions relating to occupational safety and health specified in this Act or the Rules framed under this Act, a person dies or is injured, or due to an act or omission, a person contracts an occupational disease resulting in death, or any organ becomes non-functional, or there is an adverse effect on the physical or mental condition of a person, the person committing such act shall be subject to penalty as per prevailing law if any, and if not, the Labour Court may sentence the person to imprisonment for up to two years and also order payment of appropriate compensation to the aggrieved person.

(3) If any offense punishable under this Act is committed by an organized institution, the institution shall be fined, and if imprisonment is also involved for that offense, the executive head of the institution shall be imprisoned. 165. Appeal lies: (1) A person dissatisfied with an order or decision made by the Department or Office under this Act or the Rules framed under this Act may file an appeal in the Labour Court within thirty-five days.

(2) A worker dissatisfied with any decision made by an employer to terminate employment or penalty imposed regarding misconduct may appeal to the Labour Court within thirty-five days from the date of receipt of notice of such decision or penalty.

(3) Notwithstanding anything written in subsection (2), nothing shall be deemed to prevent an appeal according to the provisions for internal appeal in the by-laws of any establishment.

(4) If an appeal is made pursuant to subsection (3), the aggrieved party may appeal to the Labour Court within thirty-five days from the date of receipt of notice of the decision made by the body hearing such appeal, or if no notice of decision on the appeal is received within sixty days of filing the appeal, from that date. 166.
Labour Act, 2017

166. Decision to be implemented: (1) A decision or judgment made by the Labour Court under this Act shall be implemented by the concerned party after such decision or judgment becomes final or after the period for appeal expires.

(2) An agreement or decision of a mediator concerning individual or collective claims made bilaterally between a worker or Trade Union and an employer, or in the presence of the Office, or before any other body or officer, shall be implemented in good faith by the concerned party.

(3) If the concerned party fails to implement the agreement or decision pursuant to subsection (1) or (2), the other party may submit an application to the Office themselves or through a Trade Union or employers' organization.

(4) Upon receipt of an application pursuant to subsection (3), the Office shall send a letter to the concerned employer or worker for the implementation of such agreement, decision, or judgment.

(5) Upon receipt of a letter pursuant to subsection (4), the concerned employer or worker shall implement such agreement, decision, or judgment within fifteen days of such letter. Added by the Nepal Acts Amendment Act, 2075.(6) A decision made by the Department, Office, or an officer authorized to decide under this Act or the Rules framed under this Act shall be implemented by the concerned party. Added by the Nepal Acts Amendment Act, 2075.(7) The Department or Office may take action under this Act or the Rules framed under this Act against a party failing to implement the decision of the Department, Office, or officer pursuant to subsection (6). 167.
Labour Act, 2017

Added by the Nepal Acts Amendment Act, 2075.(7) The Department or Office may take action under this Act or the Rules framed under this Act against a party failing to implement the decision of the Department, Office, or officer pursuant to subsection (6). 167. Office to cause implementation of decision: (1) If a decision, judgment, or agreement is not implemented under section 166, the concerned party may submit an application to the Office.

(2) Upon receipt of an application pursuant to subsection (1), the Office may, in relation to the employer, establishment, or worker required to implement the decision, judgment, or agreement, adopt any or all of the following measures to cause implementation of the decision or judgment:

(a) Send a letter to the concerned body or officer to attach immovable property or sell it by auction;

(b) Send a letter to freeze bank accounts;

(c) Suspend exemptions or facilities receivable under prevailing law or send a letter to withhold them;

(d) Suspend the labor license or permit held in the name of the concerned party;

(e) Pass any other appropriate order.

(3) Upon receipt of a letter from the Office to perform any act under subsection (2), the concerned body shall act accordingly.

(4) If the decision or judgment is not implemented within three months of the application under subsection (1), or within fifteen days of completion of the process under subsections (2) and (3), or if it is challenged legally, a complaint may be filed in the Labour Court for penalty under section 168. 168. Penalty for non-implementation of judgment, compromise, or agreement etc.: (1) The Labour Court shall provide notice to the concerned party, specifying a time limit, for the implementation of a judgment on a labor-related matter made by the Labour Court or the Supreme Court.

(2) The Labour Court may impose a fine of up to one hundred thousand rupees or imprisonment for up to one year on an employer or worker who fails to implement, or delays or obstructs the implementation of, an order or judgment made by the Labour Court, or a decision made by a mediator, or a consent or agreement made between an employer and a worker under this Act, or an order given by the Office for implementation. Provided that, if the order, judgment, compromise, agreement, or consent is implemented within the time limit specified by the Labour Court, the Labour Court may refrain from imposing such penalty or grant a partial or full remission of the penalty already imposed. Chapter 24
Miscellaneous

169.
Labour Act, 2017

Provided that, if the order, judgment, compromise, agreement, or consent is implemented within the time limit specified by the Labour Court, the Labour Court may refrain from imposing such penalty or grant a partial or full remission of the penalty already imposed. Chapter 24
Miscellaneous

169. Procedure relating to service of notice: (1) The employer shall promptly receive a notice or summons sent by the worker, and the worker shall promptly receive a notice or summons sent by the employer, and provide a receipt thereof.

(2) If a notice or summons under subsection (1) cannot be served, it may be sent to the address of the person by courier or registered mail, a copy posted at the workplace, a panchnama prepared in the presence of three witnesses, and information thereof given to the Office; then such notice or summons shall be deemed to have been received by the concerned party. Provided that, in the case of an application or notice submitted by a worker, it need not be posted at the workplace.

(3) If any person refuses to receive such a summons or notice, it may be sent to that person via fax, email, or other electronic means of communication. If sent in such manner, it shall be deemed to have been served, unless proved otherwise.

(4) In matters where the employer is required to inform collectively, if a notice is posted on the notice board at the workplace and written information thereof is provided to the unions active in the establishment, such information shall be deemed to have been received by all workers. 170. Determination of basic remuneration: (1) The determination of basic remuneration of a worker in time-rated employment shall be as prescribed. Provided that, if not so prescribed, the minimum remuneration prescribed for the worker shall be considered as the basic remuneration.

(2) For a worker working on a piece-rate basis, the determination of the rate per piece based on the minimum remuneration prescribed under this Act shall be as prescribed. 171. Special provisions relating to manager and managerial category worker: (1) Notwithstanding anything written elsewhere in this Act, in the case of a managerial category worker performing the functions of an executive head, nothing written in this Act shall be deemed to prevent placing such worker in time-rated employment, specifying service conditions and facilities, and terminating service.

(2) A manager and a managerial category worker shall not be entitled to present collective demands, participate in collective bargaining, or join a strike on behalf of a Trade Union. 172.
Labour Act, 2017

172. Entitlement to remuneration and other facilities: (1) If a worker whose employment has been terminated is reinstated in employment by an order or judgment of the Office, Department, or Labour Court, such worker shall receive from the concerned employer remuneration and other facilities from the date of termination of employment until reinstatement.

(2) Nothing written in this Act shall be deemed to prevent judgment being rendered to the effect that, based on the subject matter of the case, instead of reinstatement, the worker shall receive appropriate compensation from the employer in addition to the amount under subsection (1). 173. Revision of insurance amounts: The Ministry may, upon the recommendation of the Council, by publishing a notice in the Nepal Gazette, increase the amount of medical treatment insurance and accident insurance specified in this Act. 174. Power to delegate: Some or all of the powers vested in the Ministry, Department, or Office under this Act may be delegated to any office or officer for exercise. If powers are so delegated, notice thereof shall be published in the Nepal Gazette. 175. Protection for acts done in good faith: If any labor inspector, occupational safety and health inspector, or any employee, employer, or worker deployed for inspection work, under this Act or the Rules framed under this Act, in the course of performing their duty, causes loss or damage to any person by any act done or attempted to be done in good faith, no action shall lie against such person. Provided that, in the context of any act done willfully or with malicious intent, such person shall be personally liable. 176. Special power of the Ministry: Notwithstanding anything written elsewhere in this Act, if it comes to the notice of the Ministry that, except in matters pending before the Labour Court under this Act, an application filed with the Office or Department has remained undecided for a long time causing harassment to the party, or if it appears appropriate for the Ministry to process such application due to the complexity of the subject matter included in the application, nothing written elsewhere in this Act shall be deemed to prevent the Ministry from hearing and deciding such application. A decision made in this manner shall be deemed to be a decision of the original body, and a party dissatisfied with such decision may appeal to the Labour Court. 177. Labour Coordination Committee: Added by the Nepal Acts Amendment Act, 2075.(1) There shall be a Labour Coordination Committee at the central level, chaired by the Director General of the Department, with members as prescribed.

(2) The functions, duties, and powers of the Committee under subsection (1) shall be as prescribed. 178.
Labour Act, 2017

178. Transitional provisions: (1) A worker who was in permanent service at the time of the commencement of this Act shall automatically be deemed to be a worker in regular employment under this Act.

(2) A worker who was in employment under contract, wage-based, or any other manner at the time of the commencement of this Act shall enter into an employment agreement under Chapter 3. Nothing written in this Act shall be deemed to affect the adjustment of the provident fund amount and other facilities payable under this Act within three months of the commencement of this Act, against the remuneration and facilities being received at the time of entering into such employment agreement.

(3) Nothing mentioned in this Act shall be deemed to adversely affect the service, conditions, and facilities of a worker who, at the time of the commencement of this Act, is receiving facilities superior to those specified in the Act by virtue of prevailing law or a collective agreement.

(4) For the purpose of subsection (3), the facilities specified in the Act shall be provided to the specified body, and the remaining facilities shall be adjusted under other headings and provided.

(5) If a judgment made by the Office, Labour Court, or other court under the Labour Act, 2048 and the Trade Union Act, 2049 before the commencement of this Act has not been implemented, and an application is made within one year from the date of commencement of this Act, such judgment, decision, or order shall be deemed to have been made under this Act and shall be implemented or caused to be implemented.

(6) Until a separate legal provision is made regarding social security, the Welfare Fund established under section 37 of the Labour Act, 2048 and section 13 of the Bonus Act, 2030 shall continue to operate as before.

(7) Until a Court is constituted under this Act, the Court existing at the time of the commencement of this Act shall remain. 179. To be according to this Act: Matters written in this Act and Rules framed under this Act shall be according to this Act and Rules, and in other matters, according to prevailing law. 180.
Labour Act, 2017

179. To be according to this Act: Matters written in this Act and Rules framed under this Act shall be according to this Act and Rules, and in other matters, according to prevailing law. 180. This Act not to apply: (1) On the following subjects, it shall be as follows:

(a) This Act shall not apply in relation to the Nepali Army, Nepal Police, Amended by the Nepal Acts Amendment Act, 2062.Armed Police Force, Nepal, and National Investigation.

(b) In the case of civil service, the provisions of the prevailing civil service law shall apply.

(2) In the case of services constituted by a special Act and a special economic zone, if service conditions and facilities are already specified in the prevailing Nepal law, such service shall be governed accordingly.

(3) If there is no provision in the prevailing Nepal law regarding the remuneration, service conditions, and facilities of any worker, the provisions of this Act shall automatically apply in respect of such worker's remuneration, service conditions, and facilities.

(4) While making a decision, order, or judgment that this Act is not applicable to any worker, it shall be necessary to specify under which law the rights and facilities granted by this Act are provided to such worker.

(5) If an employer of an establishment to which the Working Journalists Act, 2051 applies enters into an employment agreement under this Act, or if a worker and employer of such establishment agree that the provisions of this Act shall apply, then the provisions of this Act shall also apply to such worker. 181. Guidelines and procedures to be framed and implemented: (1) The Ministry may frame and implement necessary guidelines and procedures for implementing this Act and the Rules framed under this Act.

(2) Commodity-level associations or federations of employers and Trade Union associations or federations may formulate and implement a code of good labor practices on labor policy matters. 182. Power to frame Rules: (1) The Government of Nepal may frame necessary Rules for implementing this Act.

(2) While framing Rules pursuant to subsection (1), separate Rules may be framed for businesses, services, industries, or the informal sector of a special nature. 183. Repeal and saving: (1) The following Acts are hereby repealed:

(a) Labour Act, 2048,

Amended by the Nepal Acts Amendment Act, 2075.(b) Industrial Apprentice Training Act, 2039,

Amended by the Nepal Acts Amendment Act, 2075.(c) Retirement Fund Act, 2042.

(2) Cases being processed under the Acts referred to in subsection (1) shall stand transferred to the Labour Court.

(3) Acts done under the Acts referred to in subsection (1) shall be deemed to have been done under this Act.
Immigration Act, 1992

Immigration Act, 2049

Royal Seal Publication Date:
2049.7.17

Amending Acts

1. Immigration (First Amendment) Act, 2050 2050.6.27
2. Some Nepal Acts Amendment Act, 2053 2053.8.12

Ratification and Publication Date

3. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
4. Some Nepal Acts Amendment Act, 2072 2072.11.13

Act No. 30 of the year 2049



An Act Made to Provide for Immigration Arrangements

Preamble: Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.Whereas, it is desirable to regulate and control the entry, presence and departure of foreigners into Nepal and to manage the arrival and departure of Nepali citizens,

This Act is enacted by Parliament in the twenty‐first year of the reign of His Majesty King Birendra Bir Vikram Shah Dev. 1. Short Title and Commencement: (1) This Act may be called the “Immigration Act, 2049.”

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

(a) “Immigration” means the procedure of entry, presence and departure of foreigners into Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal.

(b) “Foreigner” means any person who is not a citizen of Nepal at the time.

(c) “Passport” means a passport, travel document or similar permission letter issued by the government of any country for travel abroad, and the term also includes a laissez‐passer issued by the United Nations.

(d) “Visa” means a permission letter issued by the Government of Nepal to a foreigner for entry into and presence within Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal.

(e) “Department” means the Department of Immigration established by the Government of Nepal to regulate the entry, presence and departure of foreigners into Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal and to manage the arrival and departure of Nepali citizens.

(f) “Office” means an immigration office under the Department.

(g) “Director General” means the chief of the Department.

(h) “Immigration Officer” means an officer serving in the Department and Office, and the term also includes the head of an Office.

(i) “Trekking” means a walking tour undertaken by a foreigner staying overnight, and the term also includes a walking tour up to the base camp undertaken by a foreigner going to climb a mountain peak.

(j) “Prescribed” or “as prescribed” means prescribed or as prescribed in this Act or in the Rules made under this Act. 3. Provisions Relating to Entry, Presence and Departure: (1) No foreigner shall enter into or stay in Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
Immigration Act, 1992

3. Provisions Relating to Entry, Presence and Departure: (1) No foreigner shall enter into or stay in Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal without Added by the First Amendment. a passport and a visa.

(2) The type, fee and other arrangements relating to visa shall be as prescribed.

(3) A foreigner wishing to trek in a prescribed area of Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal shall, in addition to the visa, obtain permission as prescribed.

(4) The fee and other arrangements relating to trekking shall be as prescribed.

(5) The point of entry into and departure from Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal for any foreigner shall be as prescribed.

(6) The arrangements relating to the departure from Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal of a foreigner or the arrival in Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal of Nepali citizens shall be as prescribed. 4. Conditions to be Observed by Foreigners: (1) The conditions to be observed by foreigners residing in Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal shall be as prescribed.

(2) The conditions to be observed by an agency providing services to a foreigner for visa or trekking shall be as prescribed. 5. Forged Passport or Visa Not to Be Used: (1) No person shall falsify his name, age, nationality or any other matter, give false details, or use or cause to be used a forged passport or visa.

(2) No person shall, by presenting a forged passport or visa, enter into, be present in, or depart from Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal.

(3) Added by the First Amendment. No person shall cause any foreigner who does not have a passport and visa issued by the government of a foreign state or by an authority authorised by such government to enter into, be present in, or depart from Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal. 6. Power to Check or Seize Documents: Any document relating to the entry, presence or departure of a foreigner may be checked at any place and time by an Immigration Officer or by an employee designated by the Director General, and such officer or employee may take possession of the relevant papers. 7.
Immigration Act, 1992

7. Duties, Functions and Powers of the Director General: The duties, functions and powers of the Director General shall be as follows:—

(a) To regulate, manage and control the entry, presence and departure of foreigners into Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal, and to cause the same to be done.

(b) To grant permission to foreigners for trekking.

(c) To issue visas and extend the validity of visas as prescribed.

(d) Added by the First Amendment. To cancel, in the circumstances as prescribed, a trekking permission granted under clause (b) or a visa issued or validity extended under clause (c).

(e) To manage the arrival and departure of Nepali citizens.

(f) To perform and cause to be performed other functions as directed by the Government of Nepal from time to time. 8. Investigation of Immigration Offences: (1) Amended by the First Amendment. If the Department or Office receives, directly or indirectly, information that an offence has been or is about to be committed contrary to this Act or the Rules made under this Act, an Immigration Officer designated by the Director General shall investigate and take action in respect of such offence.

(2) While investigating an offence under sub‐section (1) or collecting evidence, the Immigration Officer shall have all the powers equivalent to those of the police under prevailing law to arrest a person involved in the offence, to search any place in relation to the offence, to take into his custody any papers or other goods related to the offence, and to prepare a site inspection report. While so investigating, the Immigration Officer may, Amended by the First Amendment. after recording the statement of the accused, release him on bail or on personal bond or surety if reasonable grounds exist, or Added by Some Nepal Acts Amendment Act, 2053. may detain him in custody for up to twenty‐five days with the permission of the court:

Provided that, as soon as the Immigration Officer commences the investigation of the offence, he shall inform the Director General thereof.

(2A) Added by the First Amendment. If an accused who is required to furnish bail or surety under sub‐section (2) fails to furnish bail or surety, he may be kept in custody.

(3) While conducting an investigation under sub‐section (2), the Immigration Officer may, if necessary, consult the government attorney. 9.
Immigration Act, 1992

If an accused who is required to furnish bail or surety under sub‐section (2) fails to furnish bail or surety, he may be kept in custody.

(3) While conducting an investigation under sub‐section (2), the Immigration Officer may, if necessary, consult the government attorney. 9. Power to Expel: (1) After an Immigration Officer has completed the investigation of an offence in respect of a foreigner under this Act and submitted a report to the Director General, the Director General may, on the basis of such report, regularise such matters as need to be regularised as prescribed, and with the approval of the Government of Nepal, expel such foreigner from Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal, either specifying a period or without specifying a period, so that he may not re‐enter Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal.

(1A) Added by the First Amendment. In respect of a foreigner who is required to obtain a visa and who has already undergone punishment for an act contrary to this Act or the Rules made under this Act or the prevailing law, the Director General may, with the approval of the Government of Nepal, issue an order expelling such foreigner from Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal, either specifying a period or without specifying a period.

(2) Amended by the First Amendment. A foreigner expelled under sub‐section (1) or (1A) shall not re‐enter Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal during the period of expulsion.

(3) Other arrangements relating to expulsion shall be as prescribed. 10.