yamraj047/nepali-legal-rag-data huggingface dataset:
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 151: Formation of Labour Court:
(1) The Government of Nepal shall, by a notification in the Nepal Gazette, form a required number of labour courts.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 151: Formation of Labour Court:
Subsection (2)
(1) The Government of Nepal shall, by a The jurisdiction and seat of the Labour Court to be formed pursuant to sub-section (1) shall be as specified in the same notice.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 151: Formation of Labour Court:
Subsection (3)
(1) The Government of Nepal shall, by a The Labour Court shall consist of one chairperson and two members.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 151: Formation of Labour Court:
Subsection (4)
(1) The Government of Nepal shall, by a Any sitting judge of the High Court or any person having the qualification of becoming a Judge of the High Court shall be qualified to be the chairperson or member of the Labour Court.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 151: Formation of Labour Court:
Subsection (5)
(1) The Government of Nepal shall, by a Except when a sitting judge of the High Court is appointed, the tenure of the chairperson and members of the Labour Court shall be four years.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 151: Formation of Labour Court:
Subsection (6)
(1) The Government of Nepal shall, by a The conditions of service and facilities of the chairperson and members of the Labour Court shall be the same as that of the Judges of the High Court.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 152: Majority decision to prevail:
(1) The chairperson and members shall collectively exercise the jurisdiction of the Labour Court. Provided that where the chairperson or any one member is absent, even the bench of two members may try and adjudicate cases.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 152: Majority decision to prevail:
Subsection (2)
(1) The chairperson and members shall collectively A decision of majority of members shall be deemed to be a decision of the Labour Court.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 152: Majority decision to prevail:
Subsection (3)
(1) The chairperson and members shall collectively If the two members constituting the bench hold different opinions, such opinions shall be submitted to the third member, and the opinion concurred by the third member shall be deemed to be a decision of the Labour Court. If the chairperson and member hold different opinions, the opinion of the chairperson shall be deemed to be a decision of the Labour Court.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 153: Powers of Labour Court: The Labour Court may, in the course of deciding a
case, exercise the following powers, in addition to the powers set forth in this Act or the rules framed under this Act: (a) To examine witness, evidence, (b) To take the defendant’s statement equal to the note of defence, as per necessity, www.lawcommission.gov.np (c) To order any party who is not made party or opponent in the case, on the basis of application by such party or of the nature of the case, to appear in the course of hearing, and set as a party to the case if so required, (d) To inspect any place or workplace related to the dispute, (e) If the application made by any party to the case submitting that it is necessary to defer the case until any case sub-judice in the Labour Court is finally settled or to continue the same appears to be reasonable, notwithstanding the state of the case, to issue an interlocutory order to any party to the case to stop any act for a certain time or give continuity to any act being carried out, with or without fixing a period, (f) To uphold, withhold or alter any direction, decision or order given by the Office or the employer, (g) The Labour Court shall, in holding the proceeding of and adjudicating the case, have the powers as mentioned in the case of the matters set forth in this Act or the rules framed under this Act, and the same powers as the District Court may exercise, in the case of the other matters..
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 154: Proceeding against contempt of court:
(1) The Labour Court may institute proceeding for its contempt.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 154: Proceeding against contempt of court:
Subsection (2)
(1) The Labour Court may institute Where an act of contempt is established in the proceeding instituted pursuant to sub Section (1), the Labour Court may impose punishment of a fine not exceeding ten thousand rupees or imprisonment for a term not exceeding six months or both on the offender. Provided that if the offender begs pardon to the satisfaction of the Labour Court, the Labour Court may forgive him or her or absolve him or her of the punishment if already determined or reduce such punishment or order not to execute the punishment subject to the compliance with such conditions as specified by the Labour Court, after deferring the punishment on such conditions.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 155: Power to demand bank guarantee or deposit: If there is a possibility that one
party will be entitled to receive any amount from the other party when the case running under this Act is adjudged and there is a likelihood of non-payment of such amount by such a party, the Labour Court may, for the execution of the www.lawcommission.gov.np decision, require such a party to deposit the amount equivalent to that amount or furnish a bank guarantee covering that amount.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 156: Power to order payment of interest:
(1) Where judgment is made holding any party to the case liable to pay compensation or any other cash to the other party, payment of such compensation or cash shall be made not later than two months of the date of receipt of notice of the judgment or decision.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 156: Power to order payment of interest:
Subsection (2)
(1) Where judgment is made holding any In the event of failure to pay such compensation or cash within the period referred to in sub-section (1), an interest on such compensation or cash to be set by fifteen percent thereof shall be paid or recovered with effect from the date of judgment in the case.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 157: Case may be compromised:
(1) Notwithstanding the state of the proceeding of a case running in the Labour Court under this Act, the Labour Court may, on the basis of the application made by the concerned party, give permission to compromise or defer or withdraw such a case.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 157: Case may be compromised:
Subsection (2)
(1) Notwithstanding the state of the proceeding of a When compromising or deferring or withdrawing the case pursuant to sub-section (1), no fine, royalty or fee of any kind shall be charged.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 158: High Court to perform functions of Labour Court:
(1) Notwithstanding anything contained elsewhere in this Chapter, the Government of Nepal may, by a notification in the Nepal Gazette, assign the functions of the Labour Court to any High Court upon specifying its jurisdiction.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 158: High Court to perform functions of Labour Court:
Subsection (2)
(1) Notwithstanding The High Court assigned pursuant to sub-section (1) may exercise all such powers as may be exercisable by the Labour Court pursuant to this Chapter while trying and adjudicating the case.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 159: To forward the matter to the body having jurisdiction: In making a decision
on a case filed in the Labour Court or the Office pursuant to this Act or the prevailing law that it has no jurisdiction, the Labour Court or Office shall appoint the date for appearance and send the parties, along with its case-file, to the concerned competent body for a decision.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 160: Procedures of the cases: Other provisions relating to the procedures of the cases
to be filed in the Labour Court shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 161: Appeal to the Supreme Court:
(1) Any party who is dissatisfied with the order or judgment made by the Labour Court in a case originally tried and adjudicated by the Labour Court may make an appeal to the Supreme Court within thirty-five days of the date of knowledge of such an order or judgment. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-22: Provisions Relating to Labour Court
Section 161: Appeal to the Supreme Court:
Subsection (2)
(1) Any party who is dissatisfied with the order Any decision made on appeal by the Labour Court shall be final.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 162: Right to make complaint: Where any person, employer, labour or office-bearer
acts in violation of this Act or the rules framed under this Act, the party who is aggrieved by such act or the concerned trade union with the written consent of the aggrieved party may make a complaint to the authority competent to make a decision pursuant to Section 163 or 164, not later than six months from the date of commission of such act.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 163: Power of the Department or Office to decide:
(1) The Department may conduct necessary inquiry into a complaint made on any of the following matters and do as follows: (a) To issue necessary order subject to this Act and impose a fine not exceeding two hundred thousand rupees on any person that supplies labours without obtaining any license pursuant to this Act and any person that hires and employs labours through such a labour supplier, (b) To impose, on the basis of the number of such labours, a fine not exceeding two hundred thousand rupees on any person who employs a foreigner without obtaining the labour permit pursuant to this Act, and an additional fine at the rate of five thousand rupees  per person per month in case such a person continues to employ such a foreigner in spite of the punishment so imposed, (c) To issue an order to maintain equality by imposing a fine not exceeding one hundred thousand rupees on any person who discriminates labours at the time of employing or during employment contrary to Chapter 2, (d) To order a person who employs a labour without giving an appointment letter or without entering into an employment contract, to give an appoint letter or to enter into an employment contract upon imposing on such a person a fine not exceeding five hundred thousand rupees at the rate of ten thousand rupees per labour, www.lawcommission.gov.np (e) To take departmental action pursuant to the prevailing law against any inspector who causes loss or damage by committing any act recklessly or with ulterior motive pursuant to Chapter 15, (f) To give necessary order in case any person exercises any unfair labour practice or makes transfer contrary to this Act to the detriment of the labour or performs any act, action relating to promotion contrary to the bye-law of the enterprise, (g) To give necessary direction to the concerned Office in case it does not perform any act, action required to be performed by it within a certain period, pursuant to this Act and the rules framed under this Act, even within thirty days of the expiry of that period, (h) To do necessary work for the settlement of a dispute, if any, arising between a labour supplier and a main employer as to the remuneration and benefits to be provided to labours.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 163: Power of the Department or Office to decide:
Subsection (2)
(1) The Department may conduct The Office may make necessary inquiry into an application made on any of the following matters and do as follows: (a) To require the employer who employs a labour by paying remuneration below the minimum remuneration or deducts remuneration or benefits contrary to this Act or the rules framed under this Act to pay the deducted amount and a compensation not exceeding two times of such amount to the concerned labour, (b) To impose a fine not exceeding twenty thousand rupees  on any employer, labour or other person who hinders a government employee in the course of performance of his or her duties or submit false description or makes false statement or exerts or attempts to exert undue influence in any way, (c) To impose a fine at the rate of ten thousand rupees per apprentice or trainee on an employer who engages any person as an apprentice or trainee contrary to this Act, issue an order to employ such an apprentice or trainee on regular employment and to pay the remuneration and benefits accordingly, (d) To order recovering such compensation and damages that is two times higher than the compensation from the employer who does not deposit such amount of gratuity and of provident fund or contribute www.lawcommission.gov.np such amount to the social security fund as may be receivable by the labour pursuant to this Act or the rules framed under this Act or pay medical expenses or make insurance for compensation, (e) To give direction to the employer who makes retrenchment contrary to this Act or in a discriminatory manner to refrain from doing so, (f) To give necessary direction to the employer who terminates the employment or prevents any labour from attending the work contrary to this Act or the rules or bye-law framed under this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 163: Power of the Department or Office to decide:
Subsection (3)
(1) The Department may conduct Notwithstanding anything contained elsewhere in this Act, nothing shall be deemed to bar the making of an application by any labour to the employee to pursue the personal dispute settlement process and settle the dispute accordingly.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 163: Power of the Department or Office to decide:
Subsection (4)
(1) The Department may conduct Any complaint made to the Department or the Office shall be proceeded with and settled as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 164: Decision may be made by the Labour Court:
(1) If any person engages any one in forced labour, the Labour Court may punish such a person with imprisonment for a term not exceeding two years or a fine not exceeding five hundred thousand rupees or both and require such person to pay remuneration, allowance and benefits including damages that is two times of such amount to the labour. Provided that if any person takes another person outside Nepal and engages him or her in forced labour, it shall also order the recovery of expenses incurred in bringing that other person into Nepal.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 164: Decision may be made by the Labour Court:
Subsection (2)
(1) If any person engages any one If any person dies or suffers grievous hurt as a result of violation, knowingly or recklessly, of any provision relating to occupational safety and health set forth in this Act or the rules framed under this Act or any person dies as or gets any of his or her bodily organ disabled or his or her physical or mental state becomes adversely affected a result of infection of occupational disease caused as a result of performance or non-performance of any act or any part of the body becomes disabled or physical or mental state, the person who commits such act shall be liable to the punishment, if any, provided for in the prevailing law and, failing such provision, to the punishment of imprisonment for a term not exceeding two years, and the Labour Court may require such person to pay appropriate compensation to the aggrieved person. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 164: Decision may be made by the Labour Court:
Subsection (3)
(1) If any person engages any one Where a body corporate commits any offence punishable under this Act, such body shall be punished with the fine, and if imprisonment is also imposable for such offence, the chief executive of such body shall be imprisoned accordingly.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 165: Appeal:
(1) Any person who is not satisfied with any order or decision made by the Department or Office in accordance with this Act or the rules framed under this Act may make an appeal to the Labour Court within thirty-five days.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 165: Appeal:
Subsection (2)
(1) Any person who is not satisfied with any order or decision made by Any labour who is not satisfied with any decision made by the employer to terminate employment or with punishment imposed with respect to misconduct may make an appeal to the Labour Court within thirty-five days of the date of receipt of a notice of that decision or punishment.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 165: Appeal:
Subsection (3)
(1) Any person who is not satisfied with any order or decision made by Notwithstanding anything contained in sub-section (2), nothing shall be deemed to bar the making of appeal accordingly if the bye-law of any enterprise provides for internal appeal.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 165: Appeal:
Subsection (4)
(1) Any person who is not satisfied with any order or decision made by The aggrieved party may make an appeal to the Labour Court within thirty-five days of the date of receipt of a notice of the decision made by the appeal hearing body or of the date of sixty days of the date on which appeal was made if such party does not receive a notice about the decision on appeal within that period.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 166: Decisions to be executed:
(1) After a decision or judgment made by the Labour Court pursuant to this Act has become final or the limitation for making appeal has expired, the concerned party shall execute such decision or judgment.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 166: Decisions to be executed:
Subsection (2)
(1) After a decision or judgment made by the Labour The concerned party shall execute, in good faith, any agreement reached in respect of an individual or collective claim between a labour or trade union and the employer bilaterally or before the Office or any other body or authority or any arbitral award.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 166: Decisions to be executed:
Subsection (3)
(1) After a decision or judgment made by the Labour Where the concerned party fails to execute the agreement or decision pursuant to sub-section (1) or (2), the other party may on his or her own or through the trade union or employers’ association make an application to the Office for that purpose.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 166: Decisions to be executed:
Subsection (4)
(1) After a decision or judgment made by the Labour On receipt of the application pursuant to sub-section (3), the Office shall write to the concerned employer or labour for the execution of such agreement, decision or judgment. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 166: Decisions to be executed:
Subsection (5)
(1) After a decision or judgment made by the Labour If so asked pursuant to sub-section (4), the concerned employer or labour shall execute such an agreement, decision or judgment within fifteen days from the date of receipt of such direction.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 167: Power of the Office to have execution of decisions:
(1) Where the decision, judgment or agreement is not executed pursuant to Section 166, the concerned party may make an application to the Office.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 167: Power of the Office to have execution of decisions:
Subsection (2)
(1) Where the decision, On receipt of the application pursuant to sub-section (1), the Office may cause such a decision, judgment or agreement to be executed by adopting any or all of the following measures vis-à-vis the employer, enterprise or labour who has to execute such decision, judgment or agreement: (a) To send a request to the concerned body or authority to withhold any immovable property or auction the property, (b) To send a request to freeze a bank account, (c) To send a request for the suspension or withholding of such concessions or facilities as may be enjoyable pursuant to the prevailing law, (d) To suspend the labour permit or license of the concerned party, (e) To make any other appropriate order.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 167: Power of the Office to have execution of decisions:
Subsection (3)
(1) Where the decision, If so requested by the Office to do any act referred to in sub-section
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 167: Power of the Office to have execution of decisions:
Subsection (2)
(1) Where the decision, , the concerned body shall do accordingly.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 167: Power of the Office to have execution of decisions:
Subsection (4)
(1) Where the decision, If the decision or judgment is not executed within three months from the date when the application was made pursuant to sub-section (1) or within fifteen days of the completion of the process referred to in sub-sections (2) and (3) or such a decision or judgment is challenged legally, a complaint may be made in the Labour Court for punishment pursuant to Section 168.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 168: Power to impose punishment in the event of non-execution of judgment,
compromise or agreement: (1) The Labour Court shall give a notice prescribing the time limit to the concerned party for the execution of any judgment on labour related matters made by the Labour Court or the Supreme Court.
The Labour Act, 2017 (2074),NEPAL
Chapter-23: Provisions Relating to Complaint, Punishment and Appeal
Section 168: Power to impose punishment in the event of non-execution of judgment,
Subsection (2)
The Labour Court may impose the punishment with a fine not exceeding one hundred thousand rupees or with imprisonment for a term not exceeding one year on any employer or labour who fails to execute or delays or lingers the implementation of the order given by the Office for the execution of the order, judgment made by the Labour Court or arbitral award or understanding www.lawcommission.gov.np or agreement entered into between the employer and the labour pursuant to this Act. Provided that if the order, judgment, compromise, agreement or understanding is executed within the period prescribed by the Labour Court, the Labour Court may annul such punishment or give partial or full exemption from the enforcement of such punishment if already sentenced.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 169: Procedure relating to service of notice:
(1) A process or notice sent by the employer to the labour or vice versa shall immediately be acknowledged and a receipt of such acknowledgment, provided.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 169: Procedure relating to service of notice:
Subsection (2)
(1) A process or notice sent by the Where a process or notice could not be served in accordance with sub-section (1), such a process or notice shall be deemed to have been received by the concerned party if it is sent by registered courier or post to his or her address, with one copy thereof being posted at the workplace, and a memorandum being executed in witness of three persons, and information thereof is given to the Office. Provided that in the case of the application or notice given by the labour, it is not required to post it at the workplace.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 169: Procedure relating to service of notice:
Subsection (3)
(1) A process or notice sent by the Where any one refuses to accept such a process or notice, it may be sent through fax or email or other electronic means of communication to him or her. If so sent, such a process or notice shall be deemed to have been served except as otherwise proved.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 169: Procedure relating to service of notice:
Subsection (4)
(1) A process or notice sent by the Where, in the case of any matter required to be informed by the employer collectively, such information shall be deemed to have been received by all the labours if the notice thereof is posted on the notice board of the workplace and written information thereof is given to the trade unions active in the enterprise.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 170: Fixation of basic remuneration:
(1) The basic remuneration of the labour on task-based employment shall be determined as prescribed. Provided that if not so determined, the minimum remuneration fixed for the labours shall be regarded as the basic remuneration. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 170: Fixation of basic remuneration:
Subsection (2)
(1) The basic remuneration of the labour on In the case of labours on piece rate work, the rate of wage per piece shall be determined as prescribed on the basis of the minimum remuneration fixed pursuant to this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 171: Special provisions relating to managers and managerial level labours:
(1) Notwithstanding anything contained elsewhere in this Act, nothing contained in this Act shall be deemed to bar the hiring of a managerial level labour working in the capacity of chief executive on time based employment, fixing of terms and benefits of service and termination of his or her service.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 171: Special provisions relating to managers and managerial level labours:
Subsection (2)
(1) The managers and managerial level labours are not allowed to submit collective demands or take part in collective bargaining or in a strike, on behalf of any trade union.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 172: Entitlement to remuneration and other benefits:
(1) Where a labour who is terminated from the employment is reinstated in employment by an order or decision of the Office or Department or Labour Court, such labour shall be entitled to receive the remuneration and other benefits from the employer for the period from the date of termination to the date of reinstatement.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 172: Entitlement to remuneration and other benefits:
Subsection (2)
(1) Where a labour who is Nothing contained in this Act shall be deemed to bar the making of judgment enabling the labour to receive a reasonable amount as compensation in addition to the amount referred to in sub-section (1) from the employer, instead of reinstating such labour on the basis of the merits of the case.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 173: Increment of insurance amount: On recommendation of the Council, the
Government of Nepal may, by a notification in the Nepal Gazette, periodically increase the medical insurance and accidental insurance amount specified in this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 174: Delegation of authority: The Ministry or Department or Office may so delegate
any or all of the powers conferred on it by this Act that such power is exercisable by any office or officer. If such delegation is made, a notice thereof shall be published in the Nepal Gazette.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 175: Saving of acts done in good faith: No action shall be instituted against any labour
inspector, occupational safety and health inspector or any officer or employer or labour deputed in inspection for the loss or damage, if any, caused to any person as a result of any act done or attempted to be done in good faith in the course of performing his or her duties. www.lawcommission.gov.np Provided that such person shall be personally liable with respect to any act done knowingly or with bad intention.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 176: Special powers of the Ministry: If information is received that the party is
compelled to suffer harassment because of failure to decide any application made to the Office or Department for a long time, except for the matter which is sub judice in the Labour Court under this Act or if it seems appropriate that such application is to be proceeded with by the Ministry because of the subject matter contained in the application being complex, nothing contained elsewhere in this Act shall be deemed to bar the Ministry form examining and deciding such application. The decision so made shall be deemed to be a decision made by the body of first instance, and the party who is not satisfied with such decision may make an appeal to the Labour Court.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 177: Labour coordination committee:
(1) There shall be a central level labour coordination committee consisting of such members as prescribed, under the chairpersonship of the Director General of the Department.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 177: Labour coordination committee:
Subsection (2)
(1) There shall be a central level labour The functions, duties and powers of the committee shall be as prescribed
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 178: Transitional provisions:
(1) The labours engaged in permanent service at the time of commencement of this Act shall ipso facto be deemed to be the labours in regular employment pursuant to this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 178: Transitional provisions:
Subsection (2)
(1) The labours engaged in permanent service at the time The labours employed on contract, daily wage basis or otherwise at the time of commencement of this Act shall be required to make the employment contract pursuant to Chapter 3. Nothing contained in this Act shall be deemed to bar the making of adjustment of the remuneration and benefits receivable at the time of making such employment contract to the provident fund amount and other benefits payable pursuant to this Act not later than three months of the commencement of this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 178: Transitional provisions:
Subsection (3)
(1) The labours engaged in permanent service at the time Nothing contained in this Act shall be deemed to be prejudicial to the conditions of service and benefits of any labour who is receiving the benefits in excess of that set forth in the Act under the prevailing law or collective agreement at the time of the commencement of this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 178: Transitional provisions:
Subsection (4)
(1) The labours engaged in permanent service at the time For the purpose of sub-section (3), the benefits that remain after paying the benefits specified in the Act to the prescribed body shall be provided by adjusting the same in other headings. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 178: Transitional provisions:
Subsection (5)
(1) The labours engaged in permanent service at the time Where any judgment made by the Office, Labour Court or other court under the Labour Act, 1992 (2048) and Trade Union Act, 1992 (2049) before the commencement of this Act has not been executed and an application is made within one year of the date of the commencement of this Act, such a judgment, decision or order shall be executed or caused to be executed as if it were made in accordance with this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 178: Transitional provisions:
Subsection (6)
(1) The labours engaged in permanent service at the time The welfare fund established under Section 37 of the Labour Act, 1992 (2048) and Section 13 of the Bonus Act, 1974 (2030) shall continue its operation until a separate law relating to social security is made.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 178: Transitional provisions:
Subsection (7)
(1) The labours engaged in permanent service at the time The Court in existence at the time of the commencement of this Act shall exist until the formation of the court pursuant to this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 179: This Act to prevail: The matters contained in this Act and the rules framed under
this Act shall be governed by this Act and Regulation and the other matters, by the prevailing laws.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 180: This Act not to apply:
(1) The following matters shall be governed as follows (a) This Act shall not apply to the Nepal army, Nepal Police, Armed Police Force and National Investigation. (b) The prevailing law relating to civil service shall apply in the case of the civil service.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 180: This Act not to apply:
Subsection (2)
(1) The following matters shall be governed as follows Where the prevailing law provides for the conditions and benefits of service in relation to the service established under a special law and the special economic zone, such service shall be governed accordingly.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 180: This Act not to apply:
Subsection (3)
(1) The following matters shall be governed as follows Where the prevailing law has no provision in relation to the remuneration, conditions and benefits of service of any labour, the provisions of this Act shall ipso facto apply in the case of the remuneration, conditions and benefits of service of such labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 180: This Act not to apply:
Subsection (4)
(1) The following matters shall be governed as follows When making any decision, order or judgment that this Act will not apply to any labour, such decision, order or judgment shall be made setting out, inter alia, which law provides for the rights and benefits conferred by this Act in the case of such labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 180: This Act not to apply:
Subsection (5)
(1) The following matters shall be governed as follows Where the employer of an enterprise to which the Working Journalists Act, 2051 applies executes the employment contract pursuant to this Act or any agreement thereby making applicable the provisions of this Act www.lawcommission.gov.np between the employer and the labour of such enterprise, this Act shall also apply to such labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 181: To frame and implement directives and procedures:
(1) The Ministry may, for the purpose of implementation of this Act or the rules framed under this Act, frame and implement necessary directives and procedures.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 181: To frame and implement directives and procedures:
Subsection (2)
(1) The Ministry may, for Employers' commodities associations or federations and trade union associations or federations may frame and implement codes of good labour practice on policy matters relating to the labour.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 182: Powers to frame rules:
(1) The Government of Nepal may frame necessary rules for the implementation of this Act.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 182: Powers to frame rules:
Subsection (2)
(1) The Government of Nepal may frame necessary rules When framing rules pursuant to sub-section (1), separate rules may be framed in the case of businesses, services and industries of special nature or of the informal sector.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 183: Repeal and saving:
(1) The following Acts have been repealed (a) The Labour Act, 1992 (2048), (b) The Industrial Apprenticeship and Training Act, 1983 (2039), (c) The Retirement Fund Act, 1986 (2042).
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 183: Repeal and saving:
Subsection (2)
(1) The following Acts have been repealed The cases filed and sub judice under the Acts set forth in sub-section
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 183: Repeal and saving:
Subsection (1)
(1) The following Acts have been repealed shall be transferred to the Labour Court.
The Labour Act, 2017 (2074),NEPAL
Chapter-24: Miscellaneous
Section 183: Repeal and saving:
Subsection (3)
(1) The following Acts have been repealed Any acts and actions performed under the Acts set forth in subsection (1) shall be deemed to have been performed under this Act.