yamraj047/nepali-legal-rag-data huggingface dataset:
National Penal Code 2017
Part-2
Chapter-26: Offences Relating to Criminal Trespass and Criminal Mischief
Section 285: Prohibition of committing criminal mischief:
Subsection (3)
(1) No person shall A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to the following sentence: (a) The sentence of imprisonment for life and a fine equal to the claimed amount, in the case of setting fire to, or using explosives, in any national park or reserve or protected zone, with the objective of destroying the existence of species of any wildlife or flora or fauna protected by the Government of Nepal or protected pursuant to law, any historical or archeological monument or statue included in the world heritage list, any site or museum in which objects of historical or archeological importance are kept, or any achieve where historical documents are kept, any military or paramilitary house or place in which arms and ammunition of the army or police are stored, security press, mint, factory, Nepal Rastra Bank's warehouse for bank note printing or storing, (b) A sentence of imprisonment for a term of five to twelve years and a fine equal to the claimed amount, in the case of criminal mischief committed by setting fire to, or using explosives in, any historical, archeological or religious monument or statue other than that referred to in clause (a), any building containing documents of public or governmental importance, any court containing money (Tahabil), any constitutional body, any office of the Government of Nepal, State Government or Local Level or body under full or majority ownership or control of the Government of Nepal, State Government, or Local Level, or any office of foreign diplomatic mission or international or intergovernmental organization, (c) A sentence of imprisonment for a term not exceeding four years and a fine not exceeding forty thousand rupees, in the case of criminal mischief committed by doing any act other than that referred to in clause (a) or (b), thereby causing injury to any public property, (d) A sentence of imprisonment for a term of two to five years and a fine of twenty thousand to fifty thousand rupees, in the case of criminal mischief committed by setting fire to or using explosives in any house, office or property of any person, (e) A sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees in the case of criminal mischief committed by doing any act other than that referred to in clause (a), (b), (c) or (d), thereby causing any loss, damage to any person.
National Penal Code 2017
Part-2
Chapter-26: Offences Relating to Criminal Trespass and Criminal Mischief
Section 285: Prohibition of committing criminal mischief:
Subsection (4)
(1) No person shall Where any loss, damage is caused to any person by reason of the commission of the offence referred to in this Section, a compensation equal to the claimed amount of such loss or damage so caused shall be ordered to be paid by the offender to the victim of the offence.
National Penal Code 2017
Part-2
Chapter-26: Offences Relating to Criminal Trespass and Criminal Mischief
Section 286: Prohibition of committing larceny (looting): 
No person shall commit, or cause to be committed, larceny.
National Penal Code 2017
Part-2
Chapter-26: Offences Relating to Criminal Trespass and Criminal Mischief
Section 286: Prohibition of committing larceny (looting): 
Subsection (2)
For the purposes of sub-section (1), a person who does any act, other than an act that constitutes theft or cheating, by which he or she otherwise snatches, whether forcibly or not, takes, whether by manhandling or fighting or giving threat thereof, or causes loss, damage to any property which he or she has no right in or which is under ownership, custody or control of another person, with the intention of snatching, taking, or causing loss, damage to, such property shall be considered to commit larceny.
National Penal Code 2017
Part-2
Chapter-26: Offences Relating to Criminal Trespass and Criminal Mischief
Section 286: Prohibition of committing larceny (looting):
Subsection (3)
(1) No person shall A person who commits the offence referred to in subsection (1) shall be liable to a sentence of imprisonment for a term not exceeding three months or a fine not exceeding twenty-five percent of the claimed amount subjected to larceny or both the sentences, and the claimed amount subjected to larceny shall be ordered to be paid by the offender to the victim.
National Penal Code 2017
Part-2
Chapter-26: Offences Relating to Criminal Trespass and Criminal Mischief
Section 287: Prohibition of acquiring property obtained by committing offence: 
(1) No person shall acquire, hold, purchase or sell any property knowing or having a reasonable reason to believe that such property has been obtained by committing an offence.
National Penal Code 2017
Part-2
Chapter-26: Offences Relating to Criminal Trespass and Criminal Mischief
Section 287: Prohibition of acquiring property obtained by committing offence: 
Subsection (2)
A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding five years or a fine not exceeding fifty thousand rupees or both the sentences.
National Penal Code 2017
Part-2
Chapter-26: Offences Relating to Criminal Trespass and Criminal Mischief
Section 287: Prohibition of acquiring property obtained by committing offence: 
Subsection (3)
The property acquired, held, purchased or sold as set forth in sub-section (1) shall be returned to the owner of such property.
National Penal Code 2017
Part-2
Chapter-26: Offences Relating to Criminal Trespass and Criminal Mischief
Section 288: Statute of limitation: 
 A complaint in relation to an offence under Section 284 or 285 shall not be entertained after the expiry of six months from the date of commission of such offence, in relation to the offence under Section 286, after the expiry of three months from the date of commission of such offence, and in relation to any of other offences under this Chapter, after the expiry of three months from the date of having knowledge of the commission of such offence.
National Penal Code 2017
Part-2
Chapter-27: Offences Relating to Animals and Birds
Section 289: Prohibition of killing or beating cows or oxen: 
 (1) No person shall do, or cause to be done, any act with the intention of killing, or causing hurt to, any cow or ox.
National Penal Code 2017
Part-2
Chapter-27: Offences Relating to Animals and Birds
Section 289: Prohibition of killing or beating cows or oxen:
Subsection (2)
Where any act referred to in sub-section (1) causes the death of any cow or ox, the offender of such offence shall be liable to a sentence of imprisonment for a term not exceeding three years.
National Penal Code 2017
Part-2
Chapter-27: Offences Relating to Animals and Birds
Section 289: Prohibition of killing or beating cows or oxen: 
Subsection (3)
A person shall be liable to a sentence of imprisonment for a term not exceeding six months, if he or she causes grievous hurt to a cow or ox, and to a sentence of a fine not exceeding fifty thousand rupees if other hurt is caused.
National Penal Code 2017
Part-2
Chapter-27: Offences Relating to Animals and Birds
Section 289: Prohibition of killing or beating cows or oxen: 
Subsection (4)
Notwithstanding anything contained in sub-section (1), if a person does any act necessary to protect from any injury likely to be caused by any cow or ox to the body or life of the person or another person and such act causes the death of, or any harm to, such cow or ox, the person shall not be considered to commit any offence under this Section.
National Penal Code 2017
Part-2
Chapter-27: Offences Relating to Animals and Birds
Section 290: Prohibition of cruel treatment to animals and birds: 
 (1) No person shall subject any animal or bird to torture by beating or hitting it, or by causing it to carry a load beyond its capacity or by causing it to walk or run beyond its ability or by engaging it in work if it is unable to work because of illness, wound or Khatira, or any other cause, or by feeding it harmful substance or in any other manner whatsoever or leave publicly any animal or bird which he or she has grown up because of its being ill or aged or otherwise treat it cruelly or mercilessly. Provided that nothing shall bar the using of minimum force in order to make any animal or bird do any work or carry a load according to its physical capacity or make it run, with the objective to teach or train it to do any wok or make it efficient on its work.
National Penal Code 2017
Part-2
Chapter-27: Offences Relating to Animals and Birds
Section 290: Prohibition of cruel treatment to animals and birds: 
Subsection (2)
A person who commits the offence referred to in subsection (1) shall be liable to a sentence of imprisonment for a term not exceeding three months or a fine not exceeding five thousand rupees or both the sentences.
National Penal Code 2017
Part-2
Chapter-27: Offences Relating to Animals and Birds
Section 291: Prohibition of killing animals or birds in public places: 
(1) Exceptas otherwise provided in this Act, no person shall kill any animal or bird in any public place other than a religious place where there is a tradition to offer sacrifice of an animal or bird. Provided that nothing shall bar the killing of any animal or bird in a fair, feast, exhibition or event or place where there is a tradition of slaughtering animals or birds being practiced from time immemorial. Explanation: For the purposes of this Section, the term “public place” means a way, road, bridge, meadow or place for movement of human beings.
National Penal Code 2017
Part-2
Chapter-27: Offences Relating to Animals and Birds
Section 291: Prohibition of killing animals or birds in public places: 
Subsection (2)
In making sacrifice of an animal or bird under subsection (1), no sacrifice of such animal or bird shall be executed in any public place or religious place other than a religious place where the sacrifice of animals or birds has been in practice from time immemorial.
National Penal Code 2017
Part-2
Chapter-27: Offences Relating to Animals and Birds
Section 291: Prohibition of killing animals or birds in public places:
Subsection (3)
In making sacrifice of an animal or bird under subsection (1), any alternative measure, if any available, to such sacrificing shall be adopted.
National Penal Code 2017
Part-2
Chapter-27: Offences Relating to Animals and Birds
Section 291: Prohibition of killing animals or birds in public places: 
Subsection (4)
Where it is necessary to make sacrifice of an animal or bird being it not possible to adopt the measure under sub-section (3), such sacrifice shall be made at such place and in accordance with such method as determined by the manager of the concerned religious place.
National Penal Code 2017
Part-2
Chapter-27: Offences Relating to Animals and Birds
Section 291: Prohibition of killing animals or birds in public places: 
Subsection (5)
A person who commits, or causes to be committed, the offence referred to in this Section shall be liable to a sentence of imprisonment for a term not exceeding one month or a fine not exceeding five thousand rupees or both the sentences.
National Penal Code 2017
Part-2
Chapter-27: Offences Relating to Animals and Birds
Section 292: Statute of limitation
No complaint shall lie in relation to any of the offences under Section 290, after the expiry of three months from the date of commission of such offence, and in relation to any of the other offences under this Chapter, after the expiry of three months from the date of knowledge of commission of such act.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 293: Prohibition of listening to or recording other's conversation:
(1) No person shall, by using a mechanical device, listen to, or record, any conversation held between two or more persons, without permission of the competent authority or consent of such persons holding conversation.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 293: Prohibition of listening to or recording other's conversation:
Subsection (2)
(1) A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both the sentences. Provided that this Section shall not apply to any speech or statement made publicly.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 294: Prohibition of divulging confidential matter: 
 (1) No person shalldivulge another person's confidential matter, which he or she comes to know from such person in the course of his or her professional work, except where such divulgence is compelled by law or permitted by such person.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 294: Prohibition of divulging confidential matter
Subsection (2)
A person who commits the offence referred to in subsection (1) shall be liable to a sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both the sentences.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 295: Prohibition of taking or disfiguring photograph of any person
(1) No person shall, without consent of another person, take a photograph of that other person or make another photograph by mixing other's photograph with the photograph of that other person. Provided that a person who, while taking a photograph of any public place, happens to take also a photograph of any person remaining in such place shall not be considered to commit the offence under this Section.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 295: Prohibition of taking or disfiguring photograph of any person without his or her consent: 
Subsection (2)
A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both the sentences.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 295: Prohibition of taking or disfiguring photograph of any person without his or her consent
Subsection (3)
No person shall make a disfigured photograph by mixing some part of one's photograph with another part of other's photograph or in any other manner or publish such disfigured photograph.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 295: Prohibition of taking or disfiguring photograph of any person
Subsection (4)
A person who commits, or causes to be committed, the offence referred to in sub-section (3) shall be liable to a sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both the sentences.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 296: Prohibition of giving or selling one’s photograph to another without consent: 
(1) No person shall give or sell one's photograph without his or her consent to another person, or publish, publicize, purchase or sell such photograph, with the intention of annoying, disturbing or troubling him or her or taking any undue benefit from him or her or taking benefit by making commercial use of such photograph.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 296: Prohibition of giving or selling one’s photograph to another without consent: 
Subsection (2)
A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both the sentences.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 297: Prohibition of opening letters or tapping telephone conversation
Subsection (1)
telephone conversation by using any mechanical device, without permission of the competent authority or the concerned person.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 297: Prohibition of opening letters or tapping telephone conversation
Subsection (2)
A person who commits, or causes to be committed, an offence under sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both the sentences.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 298: Prohibition of breaching privacy through electronic means:
(1) No person shall obtain, in an unauthorized manner, a notice, information and correspondence lying in or to be transmitted from any electronic means or breach privacy thereof, or transfer, or cause to be transferred, the same to another person in an unauthorized manner.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 298: Prohibition of breaching privacy through electronic means:
Subsection (2)
(1) A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both the sentences.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 299: Prohibition of deceitfully making telephone calls or transmitting messages:
 (1) No person shall deceitfully make, or cause to be made, any telephone call or transmit any message, whether giving his or her identity or not, with the intention of avoiding, deceiving, annoying or troubling another person.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 299: Prohibition of deceitfully making telephone calls or transmitting messages:
Subsection (2)
A person who commits the offence referred to in subsection (1) shall be liable to a sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both the sentences.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 300: Prohibition of writing letters with dishonest intention of causing annoyance: 
(1) No person shall, with the dishonest intention of causing fear, terror or pain to, or annoying, insulting or defaming another person, threat, annoy, tease that other person by writing or causing to be written any letter, pamphlet or document of any other type or through electronic means or otherwise behave such person improperly.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 300: Prohibition of writing letters with dishonest intention of causing annoyance: 
Subsection (2)
A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both the sentences.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 301: Prohibition search other's body
 : (1) No person, except the competent authority, or with the order of the competent authority, or a person deputed for security purpose, with the permission of the competent authority, shall search, or cause to be searched, another person's body, vehicle or personal belongings without consent of that other person.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 301: Prohibition search other's body
Subsection (2)
A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both the sentences.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 302: Prohibition of unauthorized entry into other's residence: 
 (1) No person, except the competent authority or with the order of such authority under law, shall authoritatively enter into another person's house, breach the privacy of the house owner or his or her family or search, or cause to be searched, such house, without the consent of the concerned house owner. Explanation: For the purposes of this Section, the term "house" means a house, residence, housing, room where a person is dwelling, and this term also includes a hotel room, camp and tent where such person is staying to spend a night.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 302: Prohibition of unauthorized entry into other's residence: 
Subsection (2)
A person who commits the offence referred to in subsection (1) shall be liable to a sentence of imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both the sentences.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 303: Compensation to be paid
: Where a person derives any benefit or causes any kind of damage, loss, annoyance or injury to another person by committing the offence referred to in this Chapter, a compensation for such damage, loss, annoyance or injury shall also be ordered to be paid by the offender to the victim.
National Penal Code 2017
Part-3
Chapter-1: Offences against Privacy
Section 304: Statute of limitation
 : No complaint shall lie after the expiry of three months from the date of commission of any offence under this Chapter.
National Penal Code 2017
Part-3
Chapter-2: Offence Relating to Defamation
Section 305: Prohibition of committing slander:
Subsection (1)
 :  No person shall slander another person.
National Penal Code 2017
Part-3
Chapter-2: Offence Relating to Defamation
Section 305: Prohibition of committing slander
Subsection (2)
For the purposes of sub-section (1), a person who uses degrading words, spoken or said, with the intention of lowering the reputation of another person shall be deemed to commit slander.
National Penal Code 2017
Part-3
Chapter-2: Offence Relating to Defamation
Section 305: Prohibition of committing slander
Subsection (3)
A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both the sentences.
National Penal Code 2017
Part-3
Chapter-2: Offence Relating to Defamation
Section 306: Prohibition of committing libel
Subsection (1)
 : No person shall defame another person.
National Penal Code 2017
Part-3
Chapter-2: Offence Relating to Defamation
Section 306: Prohibition of committing libel
Subsection (2)
For the purposes of sub-section (1), a person who commits any of the following acts shall be deemed to commit defamation: (a)  By words in writing, by conduct or by signs or by visible representation or by publicity or by other means, damaging the character of another person by making imputation that, directly or indirectly, in the estimation of others, lowers the personal or moral character, conduct or reputation of that other person, or making imputation that causes it to be believed that the body of that other person is in a state generally considered as disgraceful or disseminating or publishing such imputation, with the intention of harming, or knowing, or having a reasonable reason to believe that, such imputation will harm, the reputation of that other person, or knowingly selling or distribution any thing which is used as a means of libeling any one, (b) Making any imputation against a deceased person if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his or her family or other near relatives, (c) Making or expressing an imputation in the form of an alternative or ironically.
National Penal Code 2017
Part-3
Chapter-2: Offence Relating to Defamation
Section 306: Prohibition of committing libel
Subsection (3)
Notwithstanding anything contained elsewhere in subsection (2), none of the following acts shall be considered to be libel: (a) Publishing or broadcasting any thing which is true concerning any person, along with the evidence and basis, for public good, (b) Publishing in good faith and decently any thing respecting the conduct of any public servant in the discharge of his or her public functions or respecting his or her character only so far as his or her character appears in that conduct, (c) Expressing in good faith any opinion respecting the conduct of public office or position of any person and respecting his or her character only so far as his or her character appears in that conduct, (d) Expressing in good faith and decently any opinion respecting the merits of any performance which its author has submitted to the public for opinion or respecting the character of the author only so far as his or her character appears in such performance, (e) Passing in good faith any censure on the conduct of a person who has over another person any authority, either conferred by law or arising out of a contract made with that other person in matters to which such authority relates. (f) Investigating into any offence in accordance with law or preferring accusation against him or her on that basis in accordance with law, (g) Cautioning a person against other person, for his or her benefit or for the benefit of a person having his or her interest or for the benefit of the public.
National Penal Code 2017
Part-3
Chapter-2: Offence Relating to Defamation
Section 307: Punishment for libel
Subsection 1
: A person who commits, or causes to becommitted, libel shall be liable to a sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both the sentences. Provided that if libel is committed or, caused to be committed, by means of electronic or other means of mass communication, there shall be imposed an additional sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees in addition to such punishment.
National Penal Code 2017
Part-3
Chapter-2: Offence Relating to Defamation
Section 307: Punishment for libel
Subsection (2)
If a person is convicted of libeling another person or causing such libel, a reasonable compensation to be set having regard to, inter alia, the gravity of the offence, effect caused to the reputation of such person and the commission of libel by means of electronic or other means of mass communication, shall be ordered to be paid by the offender to the libeled person, and litigation costs shall also be ordered to be paid by the offender to the libeled person.
National Penal Code 2017
Part-3
Chapter-2: Offence Relating to Defamation
Section 307: Punishment for libel: 
Subsection (3)
If a person is convicted of libeling a deceased under this Chapter, such compensation and litigation costs shall be ordered to be paid by the offender to the near successor to the deceased whose feeling was hurt.
National Penal Code 2017
Part-3
Chapter-2: Offence Relating to Defamation
Section 308: Statute of limitation
Subsection 1
 No complaint shall lie after the expiry of three months from the date of knowledge of commission of any offence under this Chapter.
The Labour Act, 2017 (2074),NEPAL
Chapter-1: Preliminary
Section 1: Short title and commencement:
(1) This Act may be cited as the "Labour Act, 2017 (2074)."
The Labour Act, 2017 (2074),NEPAL
Chapter-1: Preliminary
Section 1: Short title and commencement:
Subsection (2)
(1) This Act may be cited as the "Labour Act, This Act shall commence forthwith.
The Labour Act, 2017 (2074),NEPAL
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in this Act
(a) "Basic remuneration" means the basic remuneration to be received by a labour for employment, and this term also include amount of increment in remuneration after completion of one year of the employment period. (b) "Chief Executive" means a person who bears the final responsibility for the activities of the enterprise. (c) "Workplace" means the place or location where a labour works, and this term also includes a place or situation where a labour has to stay or visit in the course of the work. (d) "Office" means the Labour Office. www.lawcommission.gov.np (e) “Lockout" means the closure of any enterprise or workplace by the employer to prevent fully or partly the labours from performing their regular work. Provided that this term does not refer to a situation where the labours are held in reserve or where the work is stopped because of the occurrence of an immediate danger. (f) “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules framed under this Act, and this term also includes a notice published in the Nepal Gazette as provided for in this Act or the rules framed under this Act. (g) "Inspector" means the senior labour inspector, labour inspector, senior occupational safety and health inspector and occupational safety and health inspector, and this term also includes any other employee deputed for inspection. (h) "Council" means the Central Labour Advisory Council formed pursuant to Section 102. (i) "Remuneration" means the basic remuneration to which a labour is entitled, and this term also includes an allowance. (j) "Enterprise" means any company, private firm, partnership firm, cooperative organization or association or other organization which is established, incorporated, registered or formed or operated in accordance with the prevailing law with the objective to carry on any industry, business or service, with or without profit motive. (k) "Ministry" means the Ministry of Labour and Employment, Government of Nepal. (l) "Main employer" means an employer who employs labours through a labour provider. (m) "Employer" means any person or enterprise that employs labours, and this term also includes a manager in the case of an enterprise, and a labour provider in the case of a labour supplied pursuant to this Act. (n) "Employment contract" means an agreement entered into between an employer and a labour in relation to the service, conditions and www.lawcommission.gov.np benefits of employment, and this term also includes the letter of appointment given by the employer to the labour. (o) "Employment period" means the period during which a labour is employed with an employer, and this term also includes the following period:
The Labour Act, 2017 (2074),NEPAL
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in this Act
Subsection (1)
Period held in the reserve,
The Labour Act, 2017 (2074),NEPAL
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in this Act
Subsection (2)
Period of leave with remuneration,
The Labour Act, 2017 (2074),NEPAL
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in this Act
Subsection (3)
Period of unpaid leave taken for maternity or maternity care,
The Labour Act, 2017 (2074),NEPAL
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in this Act
Subsection (4)
Period of leave taken for medical treatment in case of accident during or while working for the employer. (p) "By-law" means the by-law relating to conditions of service of the labours framed by an enterprise pursuant to Section 108, and this term also includes the financial administration by-law of the enterprise. (q) "Department" means the Department of Labour. (r) "Manager" means the chief executive of an enterprise. and this term also includes the chief of any section or unit so appointed as taking or exercising the final responsibility or authority. (s) "Managerial level labour" means a labour appointed to a post at the managerial or higher level thereof entrusting the authority to evaluate, control and supervise the work of labours on behalf of the employer, and this term also includes the manager. (t) "Social Security Fund" means the Social Security Fund established pursuant to the prevailing law. (u) "Collective agreement" means an agreement entered into between the employer or employers' association and the trade union or Collective Bargaining Committee on remuneration, conditions of service, benefits of the labours or matters of common concern to the employer and the labours. (v) "Collective Bargaining Committee" means the Collective Bargaining Committee referred to in sub-section (1) of Section 116. (w) "Labour Court" means the Labour Court formed pursuant to Section
The Labour Act, 2017 (2074),NEPAL
Chapter-2: Basic Provisions Relating to Labours
Section 3: To remain as minimum standards:
(1) This Act shall remain as minimum standards for labours and on matters relating to labours.
The Labour Act, 2017 (2074),NEPAL
Chapter-2: Basic Provisions Relating to Labours
Section 3: To remain as minimum standards:
Subsection (2)
(1) This Act shall remain as minimum Where an employment contract is entered into between an employer and a labour with provisions to pay or receive remuneration or benefits lesser than the remuneration or benefits set forth in this Act and the rules framed under this Act or in contravention of the conditions set forth in this Act, such an employment contract shall be deemed to be contrary to this Act, and it shall, to that extent, be void.
The Labour Act, 2017 (2074),NEPAL
Chapter-2: Basic Provisions Relating to Labours
Section 4: Prohibition on employing in forced labour:
(1) No person shall employ any labour in forced labour, directly or indirectly.
The Labour Act, 2017 (2074),NEPAL
Chapter-2: Basic Provisions Relating to Labours
Section 4: Prohibition on employing in forced labour:
Subsection (2)
(1) No person shall employ any Notwithstanding anything contained in sub-section (1), the following work or service performed by a labour shall not be deemed to be forced labour: (a) Any work or service required to be performed under the duties of citizens as and when the nation so requires, (b) Any work or service required to be performed by any person in consideration for the sentence imposed by a decision or order of a court, www.lawcommission.gov.np (c) Any work or service required to be performed as a member of a community for the interest of such a community. Explanation: For the purpose of this Section, "forced labour" means any work or service performed by any labour against his or her will as a result of a threat of taking any action having financial, physical or mental impact if he or she does not perform such a work or service.
The Labour Act, 2017 (2074),NEPAL
Chapter-2: Basic Provisions Relating to Labours
Section 5: Prohibition on employment of children: No person shall so employ a child in
any work as to be contrary to law.
The Labour Act, 2017 (2074),NEPAL
Chapter-2: Basic Provisions Relating to Labours
Section 6: Prohibition on discrimination:
(1) No employer shall discriminate any labour on the ground of religion, colour, sex, caste, tribe, origin, language, ideological conviction or other similar ground.
The Labour Act, 2017 (2074),NEPAL
Chapter-2: Basic Provisions Relating to Labours
Section 6: Prohibition on discrimination:
Subsection (2)
(1) No employer shall discriminate any labour on Notwithstanding anything contained in sub-section (1), the following act shall not be considered as discrimination: (a) To give preference to any person for employment on the basis of inherent requirement of a work or service, (b) To engage a female labour who is pregnant in any work or service which is easier and suitable to her physical condition, without any reduction in the remuneration and benefits, or (c) To give preference to a labour with physical disability for such job responsibility as is suitable to his or her physical condition.
The Labour Act, 2017 (2074),NEPAL
Chapter-2: Basic Provisions Relating to Labours
Section 7: Prohibition on discrimination in remuneration for equal work:
(1) No discrimination shall be made between the labours in remuneration for equal value of work on the ground of sex.
The Labour Act, 2017 (2074),NEPAL
Chapter-2: Basic Provisions Relating to Labours
Section 7: Prohibition on discrimination in remuneration for equal work:
Subsection (2)
(1) No For the purpose of sub-section (1), whether the work is of equal value shall be determined on the basis of the nature of the concerned work, the time required for its performance, labour, skill and productivity.
The Labour Act, 2017 (2074),NEPAL
Chapter-2: Basic Provisions Relating to Labours
Section 8: Right relating to trade union:
(1) Every labour shall, subject to this Act and other laws, have a right to form and operate a trade union, acquire the membership of, or get affiliated with, such union or involve in other activities relating to trade union.
The Labour Act, 2017 (2074),NEPAL
Chapter-2: Basic Provisions Relating to Labours
Section 8: Right relating to trade union:
Subsection (2)
(1) Every labour shall, subject to this Act and other While exercising the right relating to labour pursuant to this Act and other laws, the labour shall be dutiful and responsible towards the employer. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-2: Basic Provisions Relating to Labours
Section 9: Right to remedy: In the event of infringement of any right conferred by this Act
and other law to a labour, such a labour can get remedy pursuant to this Act or other law.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 10: Types of employment:
(1) An employer may engage a labour in any type of the following employment: (a) Regular employment, (b) Work-based employment, (c) Time-based employment, (d) Casual employment, (e) Part-time employment. Explanation: For the purpose of this Section, -
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 10: Types of employment:
Subsection (1)
(1) An employer may engage a labour in any type of the “Regular employment” means employment of any type whatever other than that set forth in clauses (b), (c) and (d).
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 10: Types of employment:
Subsection (2)
(1) An employer may engage a labour in any type of the “Work-based employment” means employment that the employer provides or has provided specifying any particular work or service for performance.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 10: Types of employment:
Subsection (3)
(1) An employer may engage a labour in any type of the “Time-based employment” means employment that the employer provides or has provided to the labour specifying a certain period on the condition that the labour has to provide any service or perform any work within that period.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 10: Types of employment:
Subsection (4)
(1) An employer may engage a labour in any type of the “Casual employment” means employment that the employer provides or has provided to the labour on the condition that the labour has to provide any service or perform any work, for seven days or less within a period of one month.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 10: Types of employment:
Subsection (5)
(1) An employer may engage a labour in any type of the "Part-time employment" means employment that the employer provides or has provided to the labour on the condition that the labour has to perform a work in thirty-five hours or less than thirtyfive hours in a week.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 10: Types of employment:
Subsection (2)
(1) An employer may engage a labour in any type of the If there arises a question as to whether any employment is regular or not, it shall be determined as prescribed on the basis of the nature of the work, notwithstanding anything contained in the employment contract. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 11: Prohibition on employment without entering into employment contract:
(1) No employer shall employ a person without entering into an employment contract.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 11: Prohibition on employment without entering into employment contract:
Subsection (2)
(1) Notwithstanding anything contained in sub-section (1), it shall not be necessary to enter into an employment contract in writing for a casual employment.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 11: Prohibition on employment without entering into employment contract:
Subsection (3)
(1) While entering into an employment contract pursuant to sub-section
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 11: Prohibition on employment without entering into employment contract:
Subsection (1)
(1) , remuneration, benefits to be received by the labour, conditions of employment and other matters as prescribed shall be set out in such a contract.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 12: Employment relationship to be established:
(1) Where the employer enters into an employment contract with a labour or employs a labour verbally or engages a worker on casual employment, the employment relationship between the employer and the employee shall be established, or in the case of the casual employment, such relation is established from the date or time when the labour is employed or he or she provides the service.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 12: Employment relationship to be established:
Subsection (2)
(1) Where the employer enters into Where there arises a dispute as to whether the employment relationship has existed between an employer and a labour, such a dispute shall be settled by the Office.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 12: Employment relationship to be established:
Subsection (3)
(1) Where the employer enters into Where the dispute referred to in sub-section (2) is also included in any issue that is sub judice in the Department or a Court, such a dispute shall also be settled by the Department or Court.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 12: Employment relationship to be established:
Subsection (4)
(1) Where the employer enters into For the purpose of sub-section (2), the Office may give an order to the employer to submit any evidence or document relating to the employment which remains in his or her custody, and if the employer does not submit such evidence or document in pursuance of the order, the employment relationship between the employer and the labour shall be deemed to have been established.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 13: Provision relating to probation period: In entering into an employment contract
with a labour, the employer may so enter into the contract that he or she remains in a probation period for six months, and terminate the employment contract with the labour if his or her work is not satisfactory during the probation period. After the end of the probation period of a labour in respect of whom the employment contract has not been so terminated, the employment relation shall ipso facto be deemed to be valid.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 14: Continuity of existence of the employment relationship despite change in
ownership: (1) In the case of a change in or transfer of ownership of any work or www.lawcommission.gov.np business or any part thereof of any employer or hand over of such a work or business to another person for its operation or creation of a new enterprise or business as a result of the merger of two or more enterprises or businesses, the employment relationship of the labour working in such an enterprise or business the ownership of which has been so changed or transferred or which has been so handed over to the other person for its operation or in the enterprise or business which has been merged shall continue to exist.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 14: Continuity of existence of the employment relationship despite change in
Subsection (2)
For the purpose of sub-section (1), the employer who so undertakes the ownership or acquires the ownership by way of transfer or undertakes responsibility to operate the work or business or, in the case of a merger of businesses or enterprises, the new enterprise or business created from such merger or, in the case of the transfer of the ownership and liability of a project in accordance with the prevailing law relating to private investment in the building and operation of infrastructures, the enterprise undertaking such ownership and liability shall bear the liability under this Act or the rules framed under this Act or the collective agreement, if any, entered into. Provided that if any agreement on interim management has been made between the previous employer, new employer and union of the concerned enterprise, the provisions of the agreement shall apply.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 15: Continuity of existence of employment relationship during the period held in
reserve: (1) If any special circumstance arises in the workplace, the employer may suspend the work and hold the worker in reserve. Explanation: For the purpose of this Section, "special circumstance" means a situation involving the shortage of electricity, water, raw materials or lack of financial resources or inability to reach the workplace or work or operate the workplace because of the occurrence of any situation beyond control.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 15: Continuity of existence of employment relationship during the period held in
Subsection (2)
Where any labour is held in reserve pursuant to sub-section (1), the employment relationship between such an employer and worker shall continue to exist.
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 15: Continuity of existence of employment relationship during the period held in
Subsection (3)
Any employer employing ten or more labours may hold the labour in reserve for a period not exceeding fifteen days, pursuant to sub-section (1). Provided that if it is necessary to hold in reserve for more than the said period, the employer shall consult with the authorised trade union or labour relation committee. www.lawcommission.gov.np
The Labour Act, 2017 (2074),NEPAL
Chapter-3: Provisions Relating to Employment
Section 15: Continuity of existence of employment relationship during the period held in
Subsection (4)
Other provisions relating to holding the labour in reserve shall be as prescribed.
The Labour Act, 2017 (2074),NEPAL
Chapter-4: Provisions Relating to Trainees and Apprentices
Section 16: Trainees may be engaged in work:
(1) Any enterprise may, by making an agreement with any educational institute, employ any person as an apprentice in accordance with the approved curriculum of such an institute.
The Labour Act, 2017 (2074),NEPAL
Chapter-4: Provisions Relating to Trainees and Apprentices
Section 16: Trainees may be engaged in work:
Subsection (2)
(1) Any enterprise may, by making an The apprentice referred to in sub-section (1) shall not be deemed to be a labour for the purpose of this Act. Provided that if the person is employed contrary to the approved curriculum, he or she shall be deemed to be a labour in the regular employment.
The Labour Act, 2017 (2074),NEPAL
Chapter-4: Provisions Relating to Trainees and Apprentices
Section 17: Provisions relating to labour to be applicable:
(1) Notwithstanding anything contained in Section 16, in employing an apprentice pursuant to this Chapter, he or she shall not be engaged in work for more than eight hours a day and forty-eight hours a week.
The Labour Act, 2017 (2074),NEPAL
Chapter-4: Provisions Relating to Trainees and Apprentices
Section 17: Provisions relating to labour to be applicable:
Subsection (2)
(1) Notwithstanding anything The provisions relating to occupational health and safety shall apply to the apprentices as if they were labours.