chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Trade Union Act, 1993

Added by the First Amendment. Provided that, for the purpose of forming a Congress under section 5, a maximum of four Federations formed under this sub-section shall be counted.

(3) For registering a Trade Union Federation formed under sub-section (1) or (2), the office bearer designated by the working committee shall submit an application to the Registrar in the prescribed format, along with a copy of the agreement made between such trade unions, the constitution of the Trade Union Federation, and the prescribed fee, with the prescribed particulars.

(4) Upon receiving an application pursuant to sub-section (3), the Registrar shall, after examining whether it meets the requirements for registration, register such Trade Union Federation within fifteen days from the date of application or, if additional particulars are requested under section 6, from the date of receipt of such particulars, and issue a certificate of registration to the applicant in the prescribed format.

(5) Notwithstanding anything contained in sub-section (1), no establishment-level trade union may be a member of more than one Trade Union Federation at the same time, and no Trade Union Federation may have more than one establishment-level trade union from the same establishment as a member.

(6) After a Trade Union Federation is registered pursuant to sub-section (4), even if the number of its members decreases by up to ten percent, the registration of such Trade Union Federation shall remain valid for one year. 5. Registration of Trade Union Congress: (1) At least ten Trade Union Federations may mutually agree to form a Trade Union Congress.

(2) For registering a Trade Union Congress formed under sub-section (1), the office bearer designated by the working committee shall submit an application to the Registrar in the prescribed format, along with a copy of the agreement made between the Trade Union Federations, the constitution of the Trade Union Congress, and the prescribed fee, with the prescribed particulars.

(3) Upon receiving an application pursuant to sub-section (2), the Registrar shall, after examining whether it meets the requirements for registration, register such Trade Union Congress within fifteen days from the date of application or, if additional particulars are requested under section 6, from the date of receipt of such particulars, and issue a certificate of registration to the applicant in the prescribed format.

(4) Notwithstanding anything contained in sub-section (1), no Trade Union Federation may be a member of more than one Trade Union Congress at the same time.

(5) After a Trade Union Congress is registered pursuant to sub-section (3), even if the number of its members decreases by up to ten percent, the registration of such Trade Union Congress shall remain valid for one year. 6.
Trade Union Act, 1993

6. Power to Call for Additional Particulars: (1) If the Registrar considers additional particulars necessary regarding the registration of a Trade Union, he/she may, within seven days from the date of application for registration, call for such particulars as deemed necessary.

(2) Notwithstanding anything contained in sections 3, 4 and 5, no Trade Union shall be registered until the particulars called for under sub-section (1) are received. 7. Grounds for Refusal of Registration: The Registrar may refuse to register a Trade Union in the following circumstances:-

(a) If the required particulars are not attached with the application;
(b) If it is an establishment-level trade union that does not have at least 25 percent of the workers of the concerned establishment as members;
(c) If the name of the Trade Union is identical to the name of any previously registered Trade Union;
(d) If the constitution of the Trade Union does not contain the particulars mentioned in section 10. Added by the First Amendment. 7A. Renewal of Trade Union: (1) An establishment-level trade union shall be renewed every two years, and a Trade Union Federation and a Trade Union Congress shall be renewed every four years.

(2) Other provisions relating to the renewal of a Trade Union shall be as prescribed. Chapter-3

Operation, Management and Recognition of Trade Unions

8. To be a Self-governing and Organized Body: (1) A Trade Union shall be a self-governing and organized body with perpetual succession.

(2) A Trade Union shall have its own separate seal for its business.

(3) A Trade Union may acquire, hold, sell or otherwise dispose of movable and immovable property like a natural person.

(4) A Trade Union may sue and be sued in its own name like a natural person. 9.
Trade Union Act, 1993

9. Objectives: (1) The objectives of a Trade Union shall be as follows:-

(a) To work for improving the working conditions of workers and for their economic and social advancement;
(b) To endeavor to maintain good relations between workers and the manager;
(c) To assist in increasing the productivity and development of the establishment;
(d) To strive to make workers dutiful and disciplined.

(2) In addition to the objectives mentioned in sub-section (1), the objectives of a Trade Union Federation and a Trade Union Congress shall be as follows:-

(a) To conduct programs for educating workers;
(b) To maintain contacts with international organizations for the benefit of workers;
(c) To provide necessary advice to the Government of Nepal in formulating labour policy;
(d) To conduct workshops, conferences, seminars, etc. necessary for the development of the social and economic level of workers, and to publish facts useful to workers;
(e) To negotiate with the Government of Nepal regarding the protection and promotion of the rights and interests of workers, and to adopt other necessary measures subject to the prevailing law. Added by the First Amendment. 9A. Functions, Duties and Rights of a Trade Union: In addition to the functions, duties and rights mentioned in its constitution, the other functions, duties and rights of a Trade Union shall be as follows:-

(a) To conduct or cause to conduct necessary actions and programs for achieving the objectives of the Trade Union as per sub-section (1) of section 9;
(b) To cause its members to participate in the election of the establishment-level authorized trade union;
(c) To cause the workers of the establishment to comply with the decisions of the establishment-level authorized trade union. Added by the First Amendment. 9B.
Trade Union Act, 1993

Added by the First Amendment. 9B. Functions, Duties and Rights of Trade Union Federation and Trade Union Congress: In addition to the functions, duties and rights mentioned in their constitution, the other functions, duties and rights of a Trade Union Federation and a Trade Union Congress shall be as follows:-

(a) To conduct or cause to conduct necessary actions and programs for achieving the objectives of the Trade Union Federation and Trade Union Congress as per sub-section (2) of section 9;
(b) To cause its members to participate in the election of the Trade Union Federation and Trade Union Congress;
(c) To cause its members to comply with the decisions of the Trade Union Federation and Trade Union Congress;
(d) To adopt necessary measures to settle labour disputes by representing all workers on important and national-level labour dispute policy matters, negotiating with the Government of Nepal, various types of business associations and federations, and establishments;
(e) To negotiate with the concerned establishments and managers on behalf of the establishment-level trade union;
(f) To establish and operate various types of funds for the interest and welfare of workers;
(g) To publicize facts of oppression against workers and trade unions, and to alert the concerned establishment as necessary. 10. Constitution: (1) The constitution of a Trade Union shall contain the following particulars:-

(a) The name and address of the Trade Union;
(b) The objective of establishing the Trade Union;
(c) The method of formation of the working committee and its term, which shall be a maximum of four years;
(d) The number of ordinary members and office bearers and their election procedure;
(e) The provision that only a worker who is a Nepali citizen and has served continuously for one year may be elected as an office bearer;
(f) Provisions relating to the fund of the Trade Union and its audit;
(g) Provisions relating to the inspection and supervision of the accounts of the Trade Union;
(h) The provision for bringing a motion of no-confidence against office bearers;
(i) Provisions relating to the functions, duties, rights and meetings of the general meeting and working committee of the Trade Union;
(j) The procedure for amending the constitution of the Trade Union;
(k) Provisions relating to the dissolution of the Trade Union;
(l) Provisions relating to the assets and liabilities of the Trade Union after its dissolution.

(2) If any amendment is made to the constitution of a Trade Union, the concerned amended by the First Amendment. Trade Union shall, within thirty-five days of such amendment, give notice thereof to the Registrar together with a copy of such amendment, and shall also obtain approval from the Registrar. 11.
Trade Union Act, 1993

Trade Union shall, within thirty-five days of such amendment, give notice thereof to the Registrar together with a copy of such amendment, and shall also obtain approval from the Registrar. 11. Recognition of Authorized Trade Union: (1) An establishment-level trade union that obtains a majority of the votes of the workers of the concerned establishment in the election for the authorized trade union shall be deemed to be the recognized authorized trade union for collective bargaining with the manager on behalf of the workers. Added by the First Amendment. (1A) If only one trade union is registered in an establishment and no other trade union is registered within three months from the date of such registration, the first registered trade union shall be recognized as the authorized trade union. Added by the First Amendment. (1B) When calculating the period of three months under sub-section (1A), it shall be calculated from the date of commencement of this Act.

(2) Amended by the Some Nepal Acts Amendment Act, 2072. The authorized trade union recognized under sub-section (1) or (1A) shall, within thirty-five days from the date of obtaining such recognition, give written notice thereof to the Registrar and the manager.

(3) Within fifteen days from the date of receipt of the notice under sub-section (2), the Registrar shall issue a certificate of authorized trade union as prescribed. Added by the First Amendment. (4) The procedure relating to the election of an authorized trade union shall be as prescribed. 12. Submission of Demands: (1) Notwithstanding anything contained in sub-section (1) of section 74 of the Labour Act, 2048, the working committee of an authorized trade union may, in writing, submit demands to the manager for collective bargaining on behalf of the workers, mentioning the names of its representatives in the prescribed number.

(2) An authorized trade union shall not engage in any act of striking or assisting a strike in the establishment without completing the procedure mentioned in section 76 of the Labour Act, 2048. 13. Validity Period of Recognition of Authorized Trade Union: The period during which an authorized trade union, having obtained recognition under section 11, is entitled to conduct collective bargaining with the manager on behalf of the workers shall remain valid for two years from the date of issuance of the certificate by the Registrar under sub-section (3) of that section. Added by the First Amendment. Provided that if the registration of such authorized trade union is cancelled or such trade union is dissolved, another authorized trade union shall be elected within three months from the date of such dissolution. Chapter-4

Appointment, Functions, Duties and Powers of Registrar

14.
Trade Union Act, 1993

Added by the First Amendment. Provided that if the registration of such authorized trade union is cancelled or such trade union is dissolved, another authorized trade union shall be elected within three months from the date of such dissolution. Chapter-4

Appointment, Functions, Duties and Powers of Registrar

14. Appointment of Registrar: (1) For the registration of Trade Unions under this Act, the Government of Nepal shall appoint such Registrars as necessary.

(2) Notwithstanding anything contained in sub-section (1), the Government of Nepal may, by notification published in the Nepal Gazette, designate any other officer to exercise the powers of the Registrar as necessary. 15. Functions, Duties and Powers of Registrar: The functions, duties and powers of the Registrar shall be as follows:-

(a) To register Trade Unions;
(b) To maintain a register book with updated particulars and other registers of registered Trade Unions;
(c) To call for additional particulars deemed necessary regarding the registration of a Trade Union;
(d) To initiate necessary action if the required particulars, reports or other documents to be submitted by a Trade Union under this Act are not submitted or are submitted falsely;
(e) To determine the procedure for conducting the election of an authorized trade union. 16. Register Book: The Registrar shall maintain a separate register book to keep the particulars, registers, etc. of Trade Unions updated. Chapter-5

Fund and Audit

17. Fund: (1) A Trade Union shall have its own separate fund, and the following amounts shall be deposited in such fund:-

(a) Amounts received from membership fees;
(b) Amounts received as contributions or grants from national organizations;
(c) Amounts received from any other source.

(2) All expenses incurred in the name of the Trade Union shall be borne from the fund.

(3) The amounts in the fund under sub-section (1) shall be deposited by opening an account in any commercial bank within Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066

18. Accounts and Audit: (1) The accounts of a Trade Union shall be maintained as mentioned in its constitution.

(2) The accounts maintained under sub-section (1) shall be audited by an auditor appointed by the general meeting of the Trade Union. Chapter-6

Miscellaneous

19. Amalgamation of Trade Unions: Amended by the First Amendment. (1) If two or more Trade Unions wish to amalgamate into one Trade Union, and the general meeting of each such Trade Union voting in favor of amalgamation by a majority, such Trade Unions may mutually agree to form a new Trade Union.

(2) For registering the new omitted by the First Amendment.
Trade Union Act, 1993

Trade Union formed under sub-section (1), the office bearer designated by the working committee shall submit an application to the Registrar in the prescribed format, along with a copy of the agreement made between the amalgamating Trade Unions, the constitution of such new Trade Union, and the prescribed fee, with the prescribed particulars. 20. Notice of Change of Name: If a Trade Union changes its name, it shall give notice thereof to the Registrar within thirty-five days of such change of name. 21. Effect of Change of Name, Amalgamation or Merger: (1) The mere change of name of a Trade Union shall not be deemed to affect any right acquired or obligation to be fulfilled by such Trade Union.

(2) If two or more Trade Unions amalgamate into one Trade Union or one Trade Union merges into another Trade Union, the obligation to be fulfilled by such Trade Union shall not be affected. 22. Obligation to Fulfill Contractual Liability: (1) A contract made by a Trade Union itself or by an authorized office bearer on behalf of the Trade Union shall be binding on such Trade Union and the party contracting with the Trade Union.

(2) If any dispute arises in relation to a contract made between a Trade Union and an establishment or manager pursuant to sub-section (1), a case shall be filed in the Labour Court within three months from the date of the dispute or the cause of action for filing the case. 23. No Lawsuit to be Filed: Amended by the First Amendment. If, while performing any act in the context of collective bargaining by completing the procedure under this Act or amended by the Some Nepal Acts Amendment Act, 2082.the Labour Act, 2074, by an authorized trade union or an office bearer of such trade union, any adverse effect is caused to the establishment, no lawsuit shall be filed in any court against such trade union or office bearer on that ground. Added by the First Amendment. 23A. Transfer or Promotion not to be Made: Office bearers of the working committee of an establishment-level trade union shall not be transferred or promoted without their consent except in special circumstances. 24. Annual Return to be Submitted: (1) A Trade Union shall, after having its accounts audited, submit an annual return for each year to the Registrar within three months from the date of expiry of the fiscal year, clearly showing all assets, debts and liabilities.

(2) The annual return under sub-section (1) shall include the total number of fee-paying members of the Trade Union and the details of changes in office bearers during the year. 25.
Trade Union Act, 1993

25. Cancellation of Registration: (1) The Registrar shall cancel the registration of a Trade Union registered under this Act in the following circumstances:-

(a) If the Trade Union submits an application to the Registrar for cancellation of registration;
(b) If it is proved that the registration of the Trade Union was obtained by mistake or fraud;
(c) If the Trade Union carries out activities contrary to this Act or the rules made under this Act. Amended by the First Amendment. (2) If the registration of a Trade Union is to be cancelled under circumstances mentioned in clauses (b) and (c) of sub-section (1), the concerned Registrar shall give fifteen days' notice to the concerned Trade Union, stating the reasons for such cancellation, to submit an explanation. Added by the First Amendment. (3) If the concerned Trade Union does not submit an explanation within the period under sub-section (2), or if the explanation submitted is not satisfactory and lawful, the Registrar may cancel the registration of such Trade Union. 26. Office Bearers of Trade Union Federation and Congress: Notwithstanding anything contained elsewhere in this Act, a Trade Union Federation and a Trade Union Congress may include persons engaged in the work of protecting and promoting the rights and interests of workers as office bearers of the Trade Union Federation and Trade Union Congress, up to a maximum of ten percent and twenty-five percent respectively of the total number of office bearers of their working committees. Added by the First Amendment. 26A. Representation of Trade Unions: When the Government of Nepal nominates representatives from or causes representation by Trade Unions, if there is more than one Trade Union related to the subject matter, the Government shall make nomination or representation proportionally or by rotation from such Trade Unions. 27. Notice of Dissolution of Trade Union: (1) When a Trade Union is to be dissolved in accordance with its constitution, the concerned office bearer shall give notice to the Registrar stating the reasons therefor.

(2) Upon receiving the notice of dissolution under sub-section (1), the Registrar shall inquire whether such dissolution is in accordance with the constitution, and shall register such notice only if the dissolution is in accordance with the constitution; and only after such registration of notice shall the Trade Union be deemed to be dissolved. Added by the First Amendment. 27A.
Trade Union Act, 1993

Added by the First Amendment. 27A. Limitation Period for Filing Cases: Unless otherwise provided in this Act, if a case is to be filed against any person in relation to any act contrary to this Act or the rules made under this Act, the case shall be filed within three months from the date of such act or from the date of cause of action for filing the case. 28. Penalties: Amended by the First Amendment. (1) If any office bearer, member or employee of a Trade Union misappropriates the assets of the Trade Union or of any fund or program operated by such Trade Union, or causes any kind of loss or damage to such assets, the Labour Court may order such office bearer, member or employee to pay an amount equal to the amount misappropriated or lost, and may impose a fine of up to five thousand rupees or imprisonment for up to one year or both.

(2) If the particulars, reports, notices or other documents required to be submitted on behalf of a Trade Union under this Act or the rules made under this Act are not submitted or are submitted falsely, the Registrar may impose a fine of up to five hundred rupees on the concerned office bearer. 29. Appeals: (1) A case originally heard and decided by the Labour Court under this Act may be appealed to the High Court.

(2) An order made by the Registrar under this Act may be appealed to the Labour Court.

(3) An appeal shall be filed within thirty-five days from the date of the original hearing and decision by the Labour Court or the order by the Registrar. 30. Special Powers of the Government of Nepal: If, from the activities of a Trade Union or a Trade Union Federation or a Trade Union Congress formed under this Act or the rules made under this Act, an extraordinary situation arises that may disrupt the peace and security of the country or be adverse to the economic interests of the country, the Government of Nepal may issue necessary orders or directives to prohibit such activities. 31. Power to Make Rules: The Government of Nepal may make necessary rules for the implementation of the objectives of this Act.
Right to Employment Act, 2018

Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Right to Employment Act, 2075 (2018)".

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

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

(b) "Subsistence allowance" means the subsistence allowance pursuant to Section 22.

(c) "Minimum employment" means a minimum period of at least one hundred days of employment provided in a fiscal year pursuant to this Act.

(d) "Family" means a husband, wife, son, daughter, adopted son, adopted daughter, father, mother, or step-mother living together in a joint household, and the term also includes grandparents whom one must support themselves.

(e) "Unemployed person" means a citizen of the age group of eighteen years to fifty-eight years who has not been engaged in employment for a minimum of one hundred days in a fiscal year or has not been engaged in self-employment generating income as prescribed.

(f) "Unemployment assistance" means the assistance program pursuant to Section 20 provided to an unemployed person.

(g) "Ministry" means the Ministry of Government of Nepal dealing with matters relating to labour, employment and social security.

(h) "Self-employment" means the production of any goods or services, trade of such goods or services, or operation of any industry or trade business or any similar enterprise or income-generating activity by mobilizing one's own labour, skill, knowledge, resources, means and capital.

(i) "Employer" means the Government of Nepal, Provincial Government, Local Level and offices and bodies subordinate thereto, public corporations and organized institutions, industries, establishments and employment-oriented institutions operating pursuant to law that employ an unemployed person pursuant to this Act, and the term also includes a person who provides private employment opportunities.

(j) "Employment Service Center" means an Employment Service Center established pursuant to Section 10 to provide services related to collecting information of unemployed persons, identifying and disseminating information on employment opportunities, providing information on labor availability for employers, and other employment-related services.

(k) "Committee" means the Steering Committee pursuant to Section 17.

(l) "Local Level" means a Rural Municipality or a Municipality. Chapter-2

Right to Employment

3. Right to Employment: (1) Every citizen shall have the right to get employment.

(2) For the purpose of subsection (1), every citizen shall have the right to fair labor practices subject to this Act or prevailing law. 4.
Right to Employment Act, 2018

Chapter-2

Right to Employment

3. Right to Employment: (1) Every citizen shall have the right to get employment.

(2) For the purpose of subsection (1), every citizen shall have the right to fair labor practices subject to this Act or prevailing law. 4. Right to Choose Employment: (1) Every citizen shall have the right to choose the employment he/she wants.

(2) Every citizen shall have the right to voluntarily engage in employment according to qualification and capability, and the right to leave or change such employment, subject to this Act and prevailing law.

(3) No one shall force or compel any citizen to engage in or be placed in employment against his/her will or in employment he/she does not desire. 5. Right to Receive Unemployment Assistance: Every unemployed person shall have the right to receive unemployment assistance pursuant to this Act. 6. Prohibition of Discrimination: No one shall discriminate against an unemployed person regarding providing employment on the grounds of origin, religion, color, race, caste, sex, language, region, ideological conviction, or any similar grounds, except where the prevailing law makes special provisions for a particular class or community. 7. Prohibition Against Removal from Employment: (1) A person in employment shall not be removed from employment without cause, except pursuant to prevailing law.

(2) If a person in employment is removed from employment except according to the law relating to service conditions applicable to him/her, the person so removed may submit a petition with reasons to the concerned Employment Service Center for his/her reinstatement in employment.

(3) Upon receiving a petition pursuant to subsection (2), the Employment Service Center shall forward it to the concerned Local Level for necessary inquiry into the reasons for removing the person in employment from employment.

(4) If, upon making the necessary inquiry into the petition forwarded pursuant to subsection (3), it is found that the person was removed from employment without cause, the concerned Local Level may direct the employer to keep the petitioner employed. 8. Operation of Employment Program: (1) The Government of Nepal, Provincial Government, and Local Level shall, after the commencement of this Act, operate necessary employment programs to provide minimum employment to unemployed persons.

(2) While operating programs pursuant to subsection (1), priority shall be given to women, Dalits, economically impoverished persons, families of martyrs, and families of disappeared persons.

(3) Other provisions relating to the operation of programs pursuant to subsection (1) shall be as prescribed. 9. Authority to Decide: If a question arises as to whether a person is unemployed or not, the concerned Local Level shall decide the matter based on the basis as prescribed. Chapter-3

Employment Service Center

10.
Right to Employment Act, 2018

9. Authority to Decide: If a question arises as to whether a person is unemployed or not, the concerned Local Level shall decide the matter based on the basis as prescribed. Chapter-3

Employment Service Center

10. Employment Service Center: (1) The Government of Nepal shall, by publishing a notice in the Nepal Gazette, establish one Employment Service Center in each Local Level to function under the Local Level.

(2) The responsibility for direction, coordination, and facilitation from the federal level of the work of the Employment Service Center shall be with the Ministry.

(3) Other provisions relating to the operation of the Employment Service Center pursuant to subsection (1) shall be as prescribed. 11. Submission of Application: (1) An unemployed person wishing to engage in minimum employment pursuant to this Act may submit an application containing his/her details along with mentioning his/her skill, qualification, or capability to the concerned Employment Service Center within the period as prescribed and in the format as prescribed.

(2) Upon receiving the application pursuant to subsection (1), the Employment Service Center shall make necessary inquiry, prepare a list of genuinely unemployed persons, and maintain updated records.

(3) The Employment Service Center shall provide the updated records pursuant to subsection (2) to the Government of Nepal and the concerned Provincial Government as prescribed. 12. Obligation to Provide Information: (1) If any person who has submitted an application at the Employment Service Center pursuant to Section 11, before being recommended for employment pursuant to Section 16, becomes engaged in employment elsewhere through personal efforts or engages in self-employment, or is no longer willing to participate in employment provided pursuant to this Act or to receive unemployment assistance, he/she shall promptly inform the Employment Service Center of that fact.

(2) If someone provides information pursuant to subsection (1), the Employment Service Center shall remove the name of such person from the record of the list of unemployed persons. 13.
Right to Employment Act, 2018

13. Obligation to Maintain Employer's Details: (1) The Employment Service Center shall keep an updated list of employers within its area.

(2) In the work of updating the list pursuant to subsection (1), the Employment Service Center may, in addition to the Local Level, write to any governmental or non-governmental body or association/organization to provide details of employers within the concerned Local Level as requested.

(3) Upon receiving a written request from the Employment Service Center pursuant to subsection (2), all concerned bodies shall provide the details of employers under them or the details of work undertaken by them and the manpower required for such work to the Employment Service Center in the prescribed format.

(4) The Employment Service Center shall send the details of employers pursuant to this Section to the Ministry and the concerned Provincial Government.

(5) Other provisions relating to the collection and updating of employer details shall be as prescribed. 14. Employer May Demand Workers: (1) An employer shall provide notice to the Employment Service Center specifying the number, qualification, and duration of workers required for any work.

(2) An employer may, for any work, demand workers required at the local level through the Employment Service Center.

(3) While demanding workers pursuant to subsection (1) and (2), the employer shall send a written request to the Employment Service Center in the format as prescribed, specifying the number of workers, qualification, capability, skill of workers, and nature of work. 15. Providing Employment Information: The Employment Service Center shall make available information regarding the availability of workers needed for employers within its area and employment opportunities for listed unemployed persons. 16. Obligation to Provide Employment to Unemployed Persons: (1) Upon receiving a demand for workers from an employer pursuant to Section 14, the Employment Service Center shall send a written recommendation to the concerned employer for the employment of the unemployed person listed pursuant to Section 11 (1) based on his/her qualification, skill, and experience.

(2) An employer in the government or public sector must assign the person sent for employment pursuant to subsection (1) to work according to his/her qualification and skill pursuant to prevailing law, and an employer in the private sector may assign such a person to available work according to his/her qualification and skill. Such person shall perform the work assigned by the employer.

(3) The daily wage rate provided by the employer for assigning work pursuant to subsection (2) shall be as determined by the Ministry.

(4) The Employment Service Center shall remove a person who does not perform the work assigned by the employer pursuant to subsection (2) from the list of unemployed persons. Chapter-4

Steering Committee

17.
Right to Employment Act, 2018

Chapter-4

Steering Committee

17. Steering Committee: (1) There shall be a Steering Committee as follows for the conduct, supervision, and direction of work and activities relating to the protection of citizens' right to employment: -

(a) Minister/Minister of State, Ministry of Labour, Employment and Social Security - Chairperson
(b) Member, National Planning Commission (looking after the concerned subject) - Member
(c) Secretary, Ministry of Labour, Employment and Social Security - Member
(d) Secretary, Ministry of Finance - Member
(e) Secretary, Office of the Prime Minister and Council of Ministers (looking after the concerned subject) - Member
(f) Secretary, Ministry of Industry, Commerce and Supplies - Member
(g) Secretary, Ministry of Physical Infrastructure and Transport - Member
(h) Joint Secretary, Ministry (looking after the Prime Minister Employment Program) - Member-Secretary

(2) There shall be Steering Committees at the Provincial and Local Level as prescribed.

(3) The secretariat of the Committee pursuant to subsection (1) shall be located at the Ministry. 18. Meeting of the Committee: (1) The meeting of the Committee shall be held on the date, time, and place specified by the Chairperson.

(2) At least two persons, including at least one woman, ensuring representation of employers and workers, shall be invited to the meeting of the Committee.

(3) The decision of the Committee shall be certified and kept by the Member-Secretary.

(4) The procedure relating to the meeting of the Committee shall be as determined by the Committee itself.

(5) Other provisions relating to the meeting of the Committee and implementation of its decisions shall be as prescribed. 19. Functions, Duties and Powers of the Committee: The functions, duties and powers of the Committee shall be as follows: -

(a) To analyze and project labor market demand and the availability of existing manpower,
(b) To recommend to the Government of Nepal necessary policies for arranging employment or self-employment for unemployed persons,
(c) To provide guidance to Provincial Governments and Local Levels regarding the preparation of updated records of unemployed persons,
(d) To prepare policies and programs relating to unemployment assistance provided by the state to unemployed persons,
(e) To provide policy advice to the Government of Nepal regarding subsistence allowance provided to unemployed persons,
(f) To coordinate among the Government of Nepal, Provincial Governments, and Local Levels regarding the operation of employment programs,
(g) To evaluate the implementation of the unemployment assistance program. Chapter-5

Relating to Unemployment Assistance

20.
Right to Employment Act, 2018

Chapter-5

Relating to Unemployment Assistance

20. Unemployment Assistance Program: (1) The Government of Nepal, Provincial Government, and Local Level shall implement the following programs for unemployment assistance: -

(a) Provide information relating to employment opportunities,
(b) Provide employment-oriented and skill-oriented training,
(c) Provide concessional loans for self-employment through banks and financial institutions,
(d) Create self-employment,
(e) Carry out other programs as prescribed.

(2) Other provisions relating to the unemployment assistance program pursuant to subsection (1) shall be as prescribed. 21. Obligation to Work: (1) A person who has received training under the unemployment assistance program pursuant to this Act shall go to the location or area assigned by the Employment Service Center and perform the work as prescribed.

(2) A person who fails to go to or refuses to work in the area assigned pursuant to subsection (1) shall be removed from the list of unemployed persons and shall not be provided the subsistence allowance pursuant to Section 22. 22. Providing Subsistence Allowance: (1) If the Government of Nepal fails to provide minimum employment to an unemployed person listed with the Employment Service Center, it shall provide a subsistence allowance, subject to the conditions as prescribed, equivalent to fifty percent of the amount equal to one hundred days of the minimum remuneration determined by the Ministry in one fiscal year.

(2) Notwithstanding anything contained in subsection (1), if an unemployed person receives employment for a period of less than one hundred days in a fiscal year, a subsistence allowance equivalent to fifty percent of the minimum remuneration determined by the Ministry for the remaining period required to complete one hundred days shall be provided.

(3) An unemployed person receiving subsistence allowance pursuant to subsection (1) must comply with the conditions as prescribed.

(4) The subsistence allowance pursuant to this Section shall be provided only in the following circumstances: -

(a) If no member of the family has obtained employment as prescribed,
(b) For families with annual income less than that determined by the Government of Nepal,
(c) If no member of the family is self-employed,
(d) If no member of the family has gone for foreign employment. Explanation: Added by Some Nepal Acts Amendment Act, 2082 (2025).
Right to Employment Act, 2018

Explanation: Added by Some Nepal Acts Amendment Act, 2082 (2025). For the purpose of this subsection, "foreign employment" means the situation of going abroad for work after obtaining a labor permit from the Government of Nepal.

(5) Notwithstanding anything contained in subsection (4), the subsistence allowance shall not be provided to the family of a person who is receiving regular pension or retirement benefits from a government fund or another country or an international or intergovernmental association, organization, or any other institution, or receiving any kind of regular assistance from the Social Security Fund or other funds relating to the assistance of the Government of Nepal, or from an employer. Explanation: For the purpose of this Section, "government fund" means any of the following funds: -

(a) The Consolidated Fund of the Government of Nepal, Provincial Government, or Local Level or other government fund,
(b) The fund of a local institution, corporation, board, authority, establishment, or any similar body wholly or partially owned by the Government of Nepal, Provincial Government, or Local Level,
(c) A fund operated from grants received from the Government of Nepal, Provincial Government, or Local Level,
(d) A fund established pursuant to prevailing law to provide pension to a person holding a public office.

(6) Other provisions relating to the subsistence allowance provided pursuant to this Section shall be as prescribed. 23. Budgetary Provision: The budget required for programs operated pursuant to this Act shall be arranged from the annual budget appropriation of the Government of Nepal, Provincial Government, and Local Level. Chapter-6

Offences and Penalties

24. Complaint: (1) Anyone who knows about an offence committed or about to be committed under this Act may file a complaint at the concerned Labour and Employment Office within thirty-five days.

(2) Other provisions relating to complaints shall be as prescribed. 25. Deemed to Have Committed Offence: If any person commits any of the following acts, he/she shall be deemed to have committed an offence under this Act: -

(a) If an act contrary to Section 4 (3) is committed,
(b) If a person providing employment discriminates contrary to Section 6, except as permitted by prevailing law,
(c) If an employer removes a person from employment contrary to Section 7,
(d) If false details are submitted to obtain unemployment assistance or subsistence allowance under this Act,
(e) If the unemployment assistance amount received for a specific purpose is not used for that purpose and is used elsewhere. 26.
Right to Employment Act, 2018

26. Penalty: (1) If any person commits an offence as follows, the Labour and Employment Office shall, depending on the gravity of the offence, impose the following penalty on the person or institution committing such offence: -

(a) For committing an offence pursuant to Section 25 (a), a fine of twenty-five thousand rupees,
(b) For committing an offence pursuant to Section 25 (b) and (c), a fine of ten thousand rupees,
(c) For committing an offence pursuant to Section 25 (d), if such unemployment assistance or subsistence allowance has been obtained, recovery of that amount and a fine equal to the same amount,
(d) For committing an offence pursuant to Section 25 (e), recovery of the amount received as unemployment assistance and a fine equal to the same amount.

(2) The concerned Labour and Employment Office shall send a written notice to the concerned Local Level to suspend the services and facilities provided to a person or institution who fails to pay the fine imposed pursuant to subsection (1) within the prescribed period.

(3) The fine pursuant to subsection (1) shall be recovered from the concerned person or institution as a government due.

(4) Notwithstanding anything contained elsewhere in this Section, if an act under this Act is also deemed an offence under other prevailing law, the provision of this Section shall not prevent a separate case from being filed and punished under such law for such offence; and if a person is liable for a greater punishment under prevailing law for any act contrary to this Act than that mentioned in this Section, the punishment shall be according to such law. 27. Appeal: (1) A party aggrieved by a decision made by the Labour and Employment Office under this Act may file an appeal at the Labour Court within thirty-five days from the date of the decision.

(2) The decision made by the Labour Court pursuant to subsection (1) shall be final. Chapter-7

Miscellaneous

28. Formation of Sub-Committee or Task Force: (1) The Committee may, as required, form a sub-committee or task force to implement this Act.

(2) The terms of reference of the sub-committee or task force formed pursuant to subsection (1) shall be as specified by the Committee. 29. Monitoring and Inspection: The Ministry, Province, and Local Level shall regularly monitor and inspect programs operated under this Act. 30.
Nepal Electricity Authority Act, 1984

Nepal Electricity Authority Act, 2041 (1984)

Royal Seal and Date of Publication
2041.07.27

Amending Acts

1. Administration of Justice Act, 2048 (1992) 2048.02.16
2. Nepal Electricity Authority (First Amendment) Act, 2049 (1992) 2049.07.06

Ratification and Date of Publication

3. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.10.06
4. Some Nepal Acts Amendment Act, 2072 (2015) 2072.11.13
5. Some Nepal Acts Amendment Act, 2075 (2018) 2075.11.19
6. Some Nepal Acts Amendment Act, 2082 (2025) 2082.04.14

Act No. 18 of 2041 (1984)



An Act Made to Establish and Make Provision for Nepal Electricity Authority

Preamble: Whereas, it is expedient to make legal provision for the establishment and operation of Nepal Electricity Authority to make electricity generation, transmission and distribution efficient, reliable and accessible so as to make arrangement for electricity supply,

His Majesty King Birendra Bir Bikram Shah Deva has enacted this Act with the advice and consent of the National Panchayat. Chapter 1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Nepal Electricity Authority Act, 2041 (1984)."

(2) This Act shall commence from the date specified by the Government of Nepal by notification published in the Nepal Gazette. 2. Definitions: In this Act, unless the subject or context otherwise requires,-

(a) "Consumer" means a person who consumes electricity.

(b) "Authority" means the Nepal Electricity Authority established under Section 3.

(c) "Electricity" means electric power generated from water, diesel, coal or any other technology.

(d) "Tariff" means the electricity tariff charged by the Authority from the consumer in consideration of supplying electricity.

(e) "Committee" means the Board of Directors constituted pursuant to Section 8. Added by the First Amendment. (e1) "Unauthorized Consumption" means the act of consuming electricity from the Authority's electricity system without the authority's approval, or consuming electricity in violation of the conditions to be complied with by the consumer while consuming electricity, or the act of stealing electricity.

(f) "Prescribed" or "as prescribed" means prescribed or as prescribed in the regulations made under this Act. Chapter 2
Establishment, Capital and Management

3. Establishment of the Authority: (1) Nepal Electricity Authority is established for the purpose of making proper arrangement of electricity supply by making electricity generation, transmission and distribution efficient, reliable and accessible.

(2) The Authority shall be called "Nepal Electricity Authority" in the English language.

(3) The principal office of the Authority shall be located in Kathmandu. 4.
Nepal Electricity Authority Act, 1984

4. To be a Body Corporate: (1) The Authority shall be a self-governing and corporate body with perpetual succession.

(2) The Authority shall have its own separate seal.

(3) The Authority may, like an individual, acquire, use, sell or otherwise dispose of movable and immovable property.

(4) The Authority may, like an individual, sue and be sued in its own name. 5. Share Capital and Shareholders: (1) The initial authorized share capital of the Authority shall be as determined by the Government of Nepal by notification published in the Nepal Gazette, and such capital shall be divided into shares as specified in that notification.

(2) With the permission of the Government of Nepal, the Authority may increase or decrease its initial authorized share capital, and if the share capital of the Authority is reduced, the nominal value of each share shall also be reduced in proportion to the share capital.

(3) Of the shares issued by the Authority, only the shares remaining after purchase by the Government of Nepal shall be sold to the general public.

(4) The liability of the shareholders of the Authority shall be limited.

(5) Each share shall be indivisible, and a shareholder shall be entitled to vote at the general meeting of shareholders at the rate of one vote for each share held. Added by the First Amendment. 5A. May Purchase Shares: After the provision for a general meeting is made, as approved by the general meeting, and until the provision for a general meeting is made, with the approval of the Government of Nepal, the Authority may purchase shares of industries related to electricity. 6. To Issue Debentures: After the provision for a general meeting is made, as approved by the general meeting, and until the provision for a general meeting is made, with the approval of the Government of Nepal, the Authority may issue debentures. 7. To Take Loans or Grants: After the provision for a general meeting is made, as approved by the general meeting, and until the provision for a general meeting is made, with the approval of the Government of Nepal, the Authority may take necessary cash or kind loans or accept grants for its working capital. 8. Constitution of Board of Directors: A Board of Directors shall be constituted for the operation, supervision and management of all business affairs of the Authority. The Board of Directors shall exercise all powers conferred on the Authority and perform its duties in accordance with this Act and the regulations made under this Act. 9. Directors: (1) The Board of Directors shall consist of eight directors.