Nepal
LABOUR REGULATION, 2050 (1993)
His Majesty's Government in exercise of
the powers conferred
by Section 86 of the Labour Act, 2048 has made the following
regulation.
CHAPTER - 1: Preliminary
1. Short Title and Commencement:
(1) These regulations may be
called "Labour Regulation,
2050
(1993)".
(2) These regulations shall come
into force immediately.
2. Definition:
Unless the subject or context otherwise
requires, in these
regulations,
(a) "Act" means Labour
Act, 2048.
(b) "Factory" means an
Enterprise involved in production
business.
CHAPTER - 2: Security of
Profession and Service
3. Time for deploying Minor at work:
(1) While engaging the minor
worker or employee of more
than
fourteen years and less than sixteen years of age
in the
work of any Enterprise, they shall not be
deployed
in work for more than six hours per day or
thirty
six hours of work per week under Sub-section
(2) of
section 5 of the Act.
(2) While engaging minor worker
or employee of more than
sixteen
years of age for the period other than from 6
A.M. to 6
P.M., they may be deployed in work as per
the
mutual consent entered between such minor worker
or
employee and Proprietor.
4. Time for deploying women at work:
(1) While deploying women worker
or employee from 6 A.M.
to 6 P.M.
in the Enterprise other than of as mentioned
in clause
(a) of section 48, they may be deployed in
work as
per the mutual consent of entered between
women
worker or employee and Proprietor.
(2) While engaging women worker
or employee as per Sub-
section
(1), the Proprietor shall have to arrange for
their
proper security.
(3) The Proprietor shall have to
provide the notice of
engagement of any women worker or employee pursuant to
Sub-section (1) to Labour Office.
5. Other Particulars to be maintained in the
Register of
Workers or employees:
In addition to the particulars
mentioned in Sub-section (1)
of section 9 of the Act, the Proprietor
shall have to
mention following particulars in
the Register :-
(a) Date of first appointment,
designation and address of
the
worker or employee.
(b) Date of birth of worker or
employee.
(c) Nationality of worker or
employee.
(d) Name of his Department or
Section.
(e) Particulars regarding leave.
(f) Particulars regarding other
privileges.
6. Circumstances in which Non-Nepalese Citizens may
be engaged
in work:
(1) In case skilled Nepalese
citizens are not available to
carry out
the works of the Enterprise as per Sub-
section
(1) of Section 4 of the Act, Non-Nepalese
citizen
may be engaged by appointing on contract basis
for a
term in maximum of two years at a time with the
approval
of the Department of Labour on the
recommendation of Labour Office.
(2) The Proprietor engaging
Non-Nepalese Citizen pursuant
to
Sub-rule (1) shall make arrangements to replace
Non-Nepalese Citizen by Nepalese worker or employee by
making
them skilled in the work of such Nepalese
national.
7. Other provisions regarding not awarding
remuneration and
other privileges to worker or employee
remained in Reserve:
In case an agreement is entered between
Proprietor and
worker or employee kept in reserve
pursuant to Section 11
of the Act, saying that the worker or
employee need not to
be present in the Enterprise, then such
worker or employee
shall not be entitled to remuneration
and other privileges
as per that agreement.
8. Order of retrenchment of worker or employee:
In case it is required to retrench the
worker or employee
on the last come first out basis
pursuant to Proviso Clause
of Sub-section (2) of section 12 of the
Act, the proprietor
shall have to retrench them in the
following order :-
(a) If the worker or employee
appointed earlier is
Non_Nepalese citizen, then such worker or employee has
to be
retrenched, not retrenching the Nepalese Citizen
even he
is appointed later on,
(b) In case the worker or
employee is absent for the
longer
period due to health condition,
(c) In case there are any other
reasons.
CHAPTER - 3: Remuneration and
Welfare Provision
9. Formation of Minimum Remuneration Fixation
Committee:
His Majesty's Government, by a
notification published in
Nepal Gazette, shall constitute a
Minimum Remuneration
Fixation Committee, as necessitated
from time to time, for
fixing the minimum remuneration of the
worker or employee,
having equal representation of worker
or employee,
Proprietor and His Majesty's
Government.
10. Power, Rights and duties of the Minimum Remuneration
Fixation Committee:
In addition the function mentioned in
Sub-section (3) of
the section 21 of the Act, the other
powers, rights and
duties of the Minimum Remuneration
Fixation Committee shall
be as follows :-
(a) To provide necessary
recommendation to His Majesty's
Government in respect to fixing minimum remuneration
of
workers or employees.
(b) To recommend as per clause
(a), keeping in view of the
study of
present status of current market value,
review
and present financial, monetary and social
context
of the country and also affordability of the
Enterprise.
(c) The Committee may take
opinion of the concerned
experts
while rendering advice and suggestion to His
Majesty's
Government in the matters of fixing the
minimum
remuneration annual increment of remuneration,
dearness
allowance and other privileges.
11. No discrimination to be done in remuneration:
Equal remuneration shall have to
provided without making
discrimination to male or female worker
or employee for
engaging them in the works of the same
nature of functions
Enterprise.
12. Limitation, manner and time limit for deduction of
remuneration:
(1) If the remuneration of any
worker or employee is to be
deducted
in accordance with Section 24 of the Act, it
shall be
done subject to the following provisions :-
(a)
For realising any amount as fine not exceeding at
the rate of thirty three percent of the
remuneration payable each time until the fine
amount is not fully realised,
(b)
For realising any amount for deliberate or
negligent damage to or loss of cash and the other
property of the Enterprise, not exceeding at the
rate of twenty five percent of the remuneration
payable each time until the dues is fully
realised,
(c)
For realising any advance or excess money paid to
the worker, at the condition agreed upon between
the Proprietor and worker or employee if there
already exists any agreement between them and in
absence of such agreement, not exceeding at the
rate of twenty five percent of the remuneration
payable each time until the dues is fully
realised,
(d)
For realising any amount in pursuance of
government order or court decree, if a time limit
has been specified in such order the dues shall
be divided in the rate of percentage required to
be realised and if no time limit is specified,
not exceeding at the rate of fifty percent of
remuneration payable each time until the dues is
fully realised.
(e)
For realising any amount deductible under
circumstances specified by His Majesty's
Government by a notification published in the
Nepal Gazette, not exceeding the rate of fifty
percent from the remuneration payable each time
until the dues is fully realised.
(2) Notwithstanding anything
mentioned in Sub-rule (1), in
case any
worker or employee dies or his service is
terminated from the Enterprise due to any reason, the
dues
shall be realised from the arrears, if any, which
is
payable to such worker or employee from the
Enterprise.
13. Welfare Trust:
(1) A welfare Trust has to be
created by the Enterprise
pursuant
to Section 37 of this Act, for the interests
and the
welfare activities of the workers or
employees.
(2) Seventy percent of the amount
remained after
distribution of the bonus allocated pursuant to
Section 5
of the Bonus Act, 2030 (1974) shall have to
be
deposited in the Trust created under Sub-rule (1)
as above
(3), the amount to be remained in the Trust
created
pursuant to Sub-rule (1) shall be deposited by
opening
an account in any commercial bank.
(3) The Welfare Trust shall be
operated under the direct
control
and guidance of the Committee related to
Labour.
The account of the Trust shall be operated by
the joint
signature of two members designated by the
Committee
relating to Labour.
(4) The Welfare Trust, under the
direct control and
guidance
of the Committee relating to Labour, shall be
operated
as designated by the Committee. The account
of the
Welfare Trust shall be operated by the
signature
of two members of committee relation to
Labour as
designated by it.
14. Use of Welfare Trust:
(1) The committee relating to
Labour may spend the amount
deposited
in Welfare Trust for the interests and
Welfare
of the worker or employee in the following
activities :-
(a)
In case it is required to provide immediate
financial assistance on account of being sickness
or falling in accident to worker or employee or
any members of their family,
(b)
For making necessary arrangement for providing
education to worker or employee or their family,
(c)
For making arrangement for sport, entertainment,
library, club etc. for worker or employee,
(d)
For lending on reasonable rate in case of
extraordinary situation to worker or employee,
(e)
For spending on relief activities to worker or
employee in case of emergency situation like
natural calamities,
(f)
For spending on other Welfare activities leading
to the collective interests of worker or
employee.
(2) Notwithstanding anything
mentioned in Sub-rule (1),
the
Enterprise, having partial or full ownership of
His
Majesty's Government shall have to take prior
approval
of the Department of Labour while spending
from the
Welfare Trust in the Welfare activities
leading
to collective welfare of worker or employee,
by making
an action plan thereof.
(3) The worker or employee are
not entitled to spend or
distribute among themselves the amount deposit in the
Welfare
Trust for the purposes other than mentioned in
Sub-rule
(1).
15. Compensation against injury:
(1) In case any worker or
employee is injured while doing
a work
designated by Enterprise, the whole amount
incurred
on his treatment, shall be provided by the
Proprietor, as compensation, to such worker or
employee
on recommendation of the Doctor recognised by
His
Majesty's Government.
(2) In case a worker or employee
after being injured in
course of
doing a work designated by the Enterprise is
unable to
work and is required to undergo treatment
staying
on home or Hospital the Proprietor shall have
to
provide also the full remuneration in case of
treatment
in Hospital, half remuneration in case of
treatment
undergone in home for that period, in
addition
to the compensation to be provided pursuant
to
Sub-rule (1).
Provided
that the Proprietor need not provide any
remuneration for the period more than one year in case
the
treatment has to be undergone for than one period.
16. Compensation in case of grievous hurt resulting in
physical
disability:
(1) In case any worker or
employee is grievously hurt
leading
to physical disability while doing the works
designated by the Enterprise, then such worker or
employee
shall be paid by the Proprietor a lump sum
equivalent to his five years remuneration at the rate
of his
current remuneration, if the disability of the
worker or
employee is of 100 percent, which being
determined on the basis of percentage of disability as
mentioned
in the Schedule.
(2) While giving
compensation for the injury leading to
the
disablement, by the Proprietor to the concerned
worker or
employee pursuant to this rule, the
compensation amount payable equivalent to the
percentage of the disablement as mentioned in Schedule
assuming
five years of remuneration amount for the 100
percent
disablement.
17. Compensation in case of death:
If any worker or employee dies
immediately or during
treatment as a result of an accident
while doing the works
designated by the Enterprise,
compensation equivalent to
three years remuneration of the
deceased shall be provided
by the Proprietor, in lumpsum to the
nearest heir of the
deceased worker or employee.
18. Determination of the percentage of disablement:
In case any worker or employee is
injured leading to
physical disablement as a result of an
accident while
working in Enterprise, the Factory
Inspector after getting
determined the percentage of
disablement of such worker or
employee as mentioned in schedule from
the Doctor
recognised by His Majesty's Government
shall get the
compensation paid to such worker or
employee by Proprietor
pursuant to rule 16.
Provided that the determination of
percentage of
disablement of worker or employee shall
not be more than
100 percent.
19. Circumstances not receiving compensation:
In case a worker or employee dies or
injured leading to
physical disablement, due to natural
calamities while
working the designated by the
Enterprise, the heir of such
worker or employee shall not be
entitled to compensation
pursuant to this regulation.
20. Double compensation shall not be received:
In case any Enterprise has cone any
sorts of insurance of
its workers or employees, then such
worker or employee
shall get only either the compensation
amount pursuant to
this regulation or the compensation
amount of insurance,
whichever is greater.
21. May be terminated from service awarding compensation
and
gratuity:
In case any worker or employee gets
injured as a result of
an accident while working in the
Enterprise and does not
get recovered even after treatment upto
one year or
certified by the Doctor recognised by
His Majesty's
Government that he is unable to work
due to disablement
caused by accident, then such worker or
employee may be
terminated from service by Proprietor
by providing
compensation pursuant to rule 16, in
addition to the
gratuity under rule.
22. Priority to be given for occupation:
The members of the dependants of family
of the worker or
employee, who is terminated from
service of Enterprise
pursuant to rule 21 or has died as a
result of accident
while working in Enterprise, shall be
given priority for
job according to their qualification in
case a post has
fallen vacant.
23. Gratuity:
(1) Any permanent employee who
has served for three or
more
years and retires from service due to age bar
tendering
resignation or is relieved from service from
the
Enterprise due to any reasons, such worker or
employee
shall be given lump sum gratuity at the
following
rate :-
(a)
An amount equivalent to 1/2 of the current
monthly remuneration for every year of service
rendered for the service of first seven years,
(b)
An amount equivalent to 2/3 of the current
monthly remuneration which he was receiving last
for every year of service rendered to a worker or
employee who has served seven to fifteen years,
(c)
An amount equivalent to a one month's
remuneration which he was receiving last for
every year of service rendered to a worker or
employee who has served for more than fifteen
years.
(2) The gratuity to be provided
to worker or employee of
Factory
or Enterprise pursuant to Factory and Factory
Workers
rules, 2019, for the period before the
commencement of this Regulation shall be as per those
Regulations.
(3) Notwithstanding anything
mentioned in Sub-rule (1)
above,
any worker or employee who has been terminated
from
service pursuant to Sub-section (4) of Section 52
or
Section 54 of Act, shall not be entitled to receive
gratuity
under this Rule.
24. Gratuity Fund:
(1) Every Enterprise shall have
to establish a separate
Fund for
the purpose of depositing gratuity amount to
be
received by worker or employee pursuant to the Rule
23.
(2) The Enterprise shall have to
maintain separate account
showing
clearly the amounts to be received by every
worker or
employee.
(3) The Enterprise shall have to
deposit also the gratuity
amount to
be given to pursuant Sub-rule (2) of rule 23
in the
Gratuity Fund establishment as per Sub-rule
(1).
25. Choice of gratuity or compensation:
Any worker or employee who is
retrenched pursuant to
Section 12 of the Act shall be entitled
to choose between
the compensation under the same section
and the gratuity
payable under Rule 23.
26. Provident Fund:
(1) Every Enterprise, after
deducting ten percent of the
monthly
remuneration of permanent worker or employee,
shall add
on equivalent amount and deposit in their
name in
the Provident Fund establishment pursuant to
Sub-rule
(2).
(2) The Proprietor of the
Enterprise shall have to
establish
a separate Provident Fund in his Enterprise
for
depositing the amount pursuant to Sub-rule (1).
Provided
that the Enterprise may deposit such amount
opening
separate accounts in the name of its workers
or
employees in the Employee Provident Fund Act,
2019.
(3) In case a separate Provident
Fund is established by
Enterprise pursuant to Sub-rule (2), it shall have to
maintain
separate accounts of every worker or
employee.
(4) The Provident Fund
established pursuant to Sub-rule
(2) shall
be operated by the committee relating to
Labour,
in case there is no such committee it shall be
operated
by the committee comprising of
representatives of the Proprietor, workers and
employees. Wherever Welfare Officer exists, he shall
serve as
a member secretary of that committee.
(5) No worker or employee shall
be allowed to withdraw
completely his amount deposited in the Fund pursuant
to
Sub-rule (2) before his retirement from the service
of the
Enterprise.
(6) In case any worker or
employee dies prior to having
withdrawn
his amount from the Fund, his nominees shall
receive
that money or if nominee has also died or no
member
has been nominated, the nearest heir such
worker or
employee shall receive that money. If there
are more
than one such heir, they shall be paid the
amount so
deposited on pro rate basis.
(7) The concerned worker or
employee may take loan upto
fifty
percent as per the Bylaws of the Enterprise from
the
amount deposited in Provident Fund pursuant to
this
Regulation. The loan amount shall have to be
recovered
by deducting one forth of monthly
remuneration of such worker or employee until such
loan
amount is fully recovered.
27. Medical Expenses:
(1) The Proprietor shall have to
arrange for equipments
and
medicines for the immediate treatment of worker or
employee
in case injured while working in the
Enterprise.
(2) In case any worker or
employee is injured while
working
in any Enterprise where more than fifty
workers
or employees work at a time, the Proprietor
shall
have to arrange a person having general
knowledge
thereof, for the immediate treatment.
(3) The Proprietor shall have to
arrange a Medical
Treatment
Center including the medicines and
equipments of first aid in the responsibility of a
trained
or experienced Health Assistant, in the
Enterprise where four hundreds and more than four
hundreds
workers or employees work.
(4) The Proprietor shall have to
arrange a Health Center,
including
a doctor and Health Assistant along with
necessary
medicines and equipments of first aid in the
Enterprise where one thousand and more than one
thousand
workers or employees work.
28. Leave:
(a) Public Holiday
(b) Home Leave
(c) Sick Leave
(d) Obsequies Leave
(e) Special Leave
(f) Maternity Leave
29. Public Holiday:
(1) The worker or employee shall
be entitled to public
holidays
with full pay for 13 days in every year.
(2) The committee relating to
Labour, after deciding the
public
holidays in the beginning of the every year, to
be
received by worker or employee pursuant to Sub-rule
(1),
shall inform immediately thereof to the worker or
employee.
(3) In the Enterprise where
Committee relating to Labour
does not
exist, it shall be decided through mutual
consent
between the representative of workers and
employees
and the Proprietor.
30. Home Leave:
(1) Every worker or employee
shall be entitled to paid
home
leave at the rate of one day for every twenty
days that
he works. The worker or employee shall have
to take
prior approval while going on such leave.
(2) The home leave to be enjoyed
pursuant to Sub-rule (1)
may be
accumulated for a maximum period of sixty days.
(3) For the purpose of
calculation home leave to be
enjoyed
as per this Rule, work days shall mean and
include
weekly holidays, public holidays and other
paid
holidays.
(4) In case any employee resigns
from his post or retires
from
service for any other reason, he shall be
entitled
to receive lumpsum amount for his accumulated
home
leave at the rate of the wage which he was
getting
at the time of his severance from service.
31. Sick Leave:
(1) The workers or employees
served continuously for one
year in
the Enterprise, shall be entitled to sick
leave
with half pay for upto 15 days in one year.
(2) The Proprietor shall require
to submit a certificate
from the
Doctor recognised by His Majesty's
Government, while approving the sick leave of any
worker or
employee for more than three days.
(3) In case any worker or
employee has fallen sick, he has
to
provide the notice thereof to the Proprietor by the
fastest
means available.
32. Obsequies:
(1) In case any worker or
employee who has completed one
year of
continuous service in the Enterprise is
required
to observe obsequies personally in according
to his
family custom he shall be entitled to obsequies
leave for
a maximum period of 13 days.
(2) Any employee who is on such
obsequies leave pursuant
to
Sub-rule (2) shall get full salary.
33. Special Leave:
(1) Any permanent worker or
employee who does not have any
leave
accumulated may be entitled to special leave for
a period
of 30 days in one year, with the prior
approval
in a special situation for going on leave has
occurred.
(2) The worker or employee
staying on leave pursuant to
Sub-rule
(1) shall not be entitled to salary of such
period.
(3) The total period of special
leave to be enjoyed
pursuant
to this Rule shall not exceed for than 6
months in
the entire period of service of worker or
employee.
34. Maternity Leave:
A pregnant female employee shall be
entitled to maternity
leave with full pay for period 52 days
for pre and post
delivery. Such maternity leave shall be
granted only twice
during the entire period of service.
Provided that such maternity leave
shall be granted twice
as per this Rule for giving the birth
to two children, in
case the both children of the pregnant
female worker or
employee, who has already enjoyed twice
the maternity
leave, have expired.
35. Authority empowered to sanction leave:
The Proprietor or the authority
prescribed in the Bylaws of
the Enterprise shall be authorised to
sanction leave
mentioned in this chapter.
36. Leave not a matter of right:
Leave is not matter of right, is only a
privilege. The
authority authorized to sanction leave
may, in keeping in
view the work of the Enterprise, refuse
to sanction leave,
postpone utilization thereof, may
deduction or cancel any
sanctioned leave.
37. Action against worker or employee absenting themselves
without leave:
(1) No worker or employee shall
absent himself from the
factory
without obtaining leave.
(2) In case any employee absents
himself for more than
thirty
days without giving information of staying on
leave or
without obtaining leave, he may be removed
from
service in addition to the deduction of his
salary
for the number of days he so remains absent.
(3) Notwithstanding anything
mentioned in Sub-rule (1) and
(2)
above, in case due to emergency condition, any
employee
remains absent without prior sanction of
leave,
later on if his leaved is sanctioned
retrospectively, in such case the provisions of this
Rule
shall not be deemed to have been contravened.
CHAPTER - 4: Provisions relating
to Health, Cleanliness and Safety
38. Provisions for safety against fire:
The Proprietor shall have to arrange
the following measures
in the Enterprise for protection from
fire :-
(a) Fire extinguishing devices
shall to be placed in the
proper
place, as necessiated, for the protection from
fire.
(b) The hotch pipe, in addition
to the Hydrant shall have
to be
arranged in a way of reaching sufficient
pressurised water in the factory, as necessiated.
(c) Arrangements of emergency
exit shall be made for
moving in
the situation of fire and no object shall be
placed in
a way of obstructing that exit.
(d) The fire alarm or any sound
signalling device shall
have to
be arranged for making alert to everybody in
case of
fire.
(e) The devices to be used in
fire extinguishing shall
have to
be inspected and tested at least once in a
year and
the record has to be maintained thereof.
(f) Enterprise using explosives
like gun powder,
nitroglycerine, dynamite, gun cotton, blasting powder,
mercury
or other metal fulutade, fog signal fuse,
rocket,
percussion cap, detonator, cartridge or such
other
explosive specified by His Majesty's Government
by a
notification published in the Nepal Gazette,
shall
have to store them safely far from dense
population and the skilled persons having special
knowledge
shall have to be deployed while moving and
using
such objects.
39. Limitation of load carrying:
(1) The worker shall not be
allowed to lift or move or
carry
load exceeding the following limit :-
(a)
Adult
male
- 55 Kg
(b)
Adult
female
- 45 Kg
(c)
Minor male (16-18
years)
- 25 Kg
(d)
Minor female (16-18
years)
- 20 Kg
(e)
Minor male and female (14-16 years) - 15
Kg
(2) Notwithstanding anything
mentioned in clause (a) of
Sub-rule
(1), the above limitation of weight with
respect
to lifting, moving or carrying the packed load
by any
adult male worker shall not be applicable.
40. Testing of Pressure Plant:
(1) While testing any pressure
plant pursuant to Section
33 of the
Act, the testing shall be done keeping
attention
in the following matters :-
(a)
Good assembling and sufficiently strong.
(b)
Keeping in safe manner maintaining the pressure
plant in proper way.
(c)
Following equipments need to be installed in
pressure plant;
(1) Safety valve or any other
sort of equipment installed
in a way
not allowing to operate in the pressure
exceeding
than the pressure authorized by license.
(2) Proper pressure gaze need to
be installed for reading
the
pressure operated in the pressure vessel.
(3) Fixed operating pressure
shall have to be indicated by
red
colour in the pressure gaze.
(4) Drain cock of valve equipment
shall have to be
installed
in lower part of pressure vessel for
draining
the liquid remained in it.
(5) The water level indicator of
pressure vessel shall
have to
be installed properly.
(6) There shall be appropriate
stam valves for separating
pressure
vessel systems with other vessels or any
sources
creating pressure, at any time.
(7) The safety valve and pressure
gazes shall have to be
installed
compulsorily in all ceasing cylinders,
digesters, steam jacket pans and in vessels to be used
in other
pressure.
(8) In addition to the
arrangements mentioned as above,
any other
proper devices shall have to be installed
according
to the nature of pressure plant.
41. License of Pressure Plant to be provided:
The Factory Inspector, after testing
the pressure plant and
on the basis of capacity and condition
of the equipments
installed on it shall have to issue
license not exceeding
for one financial year specifying the
working pressure.
While renewing the license issued in
such manner, it shall
not be provided without re-testing it.
42. Particulars to be mentioned in license:
(1) Following matters shall have
to be mentioned in the
pressure
plant :-
(a)
Name and address of Enterprise,
(b)
Trade mark, model number and production date,
(c)
Type of the pressure vessel and the fuel to be
used in its operation,
(d)
Condition of equipments installed in pressure
vessel,
(e)
Date of issuance and period of license,
(f)
Hydraulic tested paper,
(g)
Condition of fusible plug,
(h)
Any other necessary matters.
(2) The copy of the license
issued by Factory Inspector
pursuant
to Sub-rule (1) shall have to be send to the
concerned
Labour office and Department of Labour.
(3) The pressure plant shall have
to be operated by the
trained
and experienced person.
(4) The Enterprise shall not to
operate Boiler,
Pressurised vessel or any other devices to be operated
in
pressure more than atmospheric pressure without
receiving
license from the Factory Inspector.
(5) In case there is doubt of not
functioning of device
while
operating it within the period of its license
provided
for operation, a notice shall have to be
provided
immediately to the concerned Factory
Inspector.
43. Use of machinery, tools or equipment:
(1) While using the machinery,
tools or equipment pursuant
to
Sub-section (2) of section 36 of the Act, it shall
be done
in the following manner :-
(a)
The hydraulic press and other press to be
operated by other devices, milling machines to be
used in metal industry, Ligotine machine,
circular sleton printing machine etc. shall have
to be operated by trained and experienced person.
(b)
Arrangement of proper fencing shall have to be
made for security, near by wheel, belt, belt
operating instrument, gear, drum, cultch, driving
belt or power generator for operating machine and
any other dangerous means for operating energy.
(c)
While doing gas welding or arch welding or any
other such works, it shall be done in separate
place in a way not affecting general public.
(d)
The equipments and tools to be used in repair and
maintenance should be in good condition.
(e)
The electricity transmission line used for
operating instruments should be in good
condition.
(f)
The separate parking or safe place for storing
goods shall have to be arranged in a way not
affecting general public, while operating
workshop.
(2) No minor, who has not
attained the age of 16 years
shall be
engaged in the works leading to adverse
effects
in health or in dangerous machines or in
machines
as mentioned in clause (a) of Sub-rule (1).
44. Investigation of accident or profession disease:
(1) After getting information of
accident or professional
disease
pursuant to Section 35 of the Act, and in case
it is
required to investigate and make inquiry to that
respect,
the Labour office may designate an Inquiry
officer.
(2) The powers, functions of the
Inquiry officer
designated pursuant to Sub-rule (1) shall be as
follows
:-
(a)
To collect necessary information concerned with
spot or from concerned person, to collect
necessary information, to cause to produce the
necessary documents, to take statements etc.
(b)
After making an inquiry pursuant to clause (a),
a report shall have to be submitted before the
Labour office within the time specified by Labour
office.
(3) In case it is seen to affect
the health of the worker
or
employee by the use of any material necessary for
the
production process of the Enterprise, it may be
tested by
the officer designated by the Labour office
after
collecting its sample and properly packed it in
bottle.
His Majesty's Government may issue necessary
directives to the Proprietor, if it is proved to be of
injurious
to health.
CHAPTER - 5: Provision relating
to Committee and Authority
45. Formation of Central Labour Advisory Committee:
(1) The Central Labour Advisory
Committee to be
constituted pursuant to Section 62 of the Act shall
consist
of Chairman and Members as follows :
(a)
Minister or State
Minister for Labour
(b)
Secretary, Ministry
of Labour
(c)
Secretary, Ministry
of Tourism
(d)
Secretary, Ministry
of Works and
Transport
Chairman
Member
Member
Member
(e)
Secretary, Ministry
of Agriculture
(f)
Secretary, Ministry
of Industry
(g)
Two Labour Expert
nominated by His
Majesty's Government
(h)
Three
representatives from
Federation of Nepal
Chamber of Commerce
and Industry
(i)
Three
Representatives from
Federation of Trade
Unions
(j)
Director General,
Department of Labour
Member
Member
Member
Member
Member
Member
Secretary
(2) The tenure of the members
nominated pursuant to clause
(g) of
Sub-rule (1) shall be of two years.
(3) In case it is required, His
Majesty's government may
change or
alter in the member of the Central Labour
Advisory
Committee, by a notification published in
Nepal
Gazette.
(4) Central Labour Advisory
Committee may invite any
Nepali or
foreign expert as necessiated, in its
meeting
as an observer.
46. Powers, Functions and Duties of Central Labour
Advisory
Committee:
The powers, functions and duties of
Central Labour Advisory
Committee shall be as follows :-
(a) To render advice to His
Majesty's Government in the
matters
relating to labour Policy.
(b) To provide necessary advice
to His Majesty's
Government in the matters timely amendment in Labour
laws.
(c) To provide necessary advice
to His Majesty's
Government in the matters relating to the construction
of
quarters for workers or employees.
(d) To render advice to His
Majesty's Government in the
matters
of formulation of policy relating to
apprentice training.
(e) To render necessary advice to
His Majesty's Government
in the
matters of operating the basic professional
training.
(f) To render necessary advice to
His Majesty's Government
in the
matters of increasing the opportunities of job.
(g) To render necessary advice to
His Majesty's Government
in the
matters of doing industrial development, by
promoting
the mutual relationship between His
Majesty's
Government, Proprietor and workers and
employees.
(h) To render necessary advice to
His Majesty's Government
in the
matters of doing industrial development by
maintaining industrial peace.
47. Composition of committee relating to Labour:
(1) A Committee relating to
Labour, having equal
representation of Proprietors and workers, shall be
constituted in each Enterprise.
(2) The Committee relating to
Labour to be constituted
pursuant
to Sub-rule (1) shall consists of members in
minimum
of 4 and maximum upto 20, on the basis of the
total
numbers of workers in the Enterprise.
(3) The nomination process of the
representatives
representing on behalf of the workers and employees in
the
committee relating to labour shall be as mentioned
in Rule
48 and 49.
(4) After a Committee relating to
Labour is formed under
this
Rule, the Proprietor shall provide a notice
thereof
immediately to the Labour office.
48. Nomination of Representative of Proprietor:
An employee related directly to the
managerial functions of
the Enterprise shall be nominated as
far as possible, while
nomination representative on behalf of
the Proprietor in
the Committee relating to Labour.
49. Nomination of representative of worker:
(1) While nomination
representative on behalf of workers
in the
Committee relating to Labour, it shall be
nominated
by Trade Union in case there exists a Trade
Union in
the Enterprise level and in case there is not
such
union, the workers shall have to nominate their
representatives.
(2) While nomination
representatives of workers in the
Committee
relating to Labour pursuant to Sub-rule (1),
it shall
be done in a way of having equal
representation of all sorts of workers.
50. Members and Authorities of the Committee relating to
Labour:
(1) A Nepali worker or employee,
who have attained the age
of 18
years and have completed one year of continuous
service
in Enterprise shall be eligible for getting
nominated
in the Committee relating to Labour.
(2) There shall be a President,
Vice-president, Secretary,
Joint
Secretary and Treasure in the Committee relating
to Labour.
(3) The Proprietor shall nominate
a member as a President
among the
members of the Committee relating to Labour.
(4) The Committee shall select
Vice-president and
Secretary
out of the workers representatives and Joint
Secretary
and Treasure out of the Proprietor's
representatives.
(5) The tenure of members and
authorities of the Committee
relating
to Labour shall be of two years.
51. Meeting of the Committee relating to Labour:
(1) The Secretary shall convene
the meeting of the
Committee
relating to Labour as specified by the
President.
Provided
that such meeting shall to be convened at
least
once in three months.
(2) The Proprietor shall have to
arrange for the meeting
to be
held pursuant to Sub-rule (1).
(3) The Secretary shall record
the decisions of the
meeting
and get it certified by the President.
(4) All the procedures relating
to the meeting of
Committee
relating to Labour shall be as prescribed by
it.
52. Functions and Duties of the Committee relating to
Labour:
The functions and duties of the
Committee relating to
Labour shall be as follows :-
(a) To be active to maintain the
quality by promoting and
reforming
in production and service of the Enterprise.
(b) To perform the functions
relating to operation of the
Welfare
Trust.
(c) To perform the functions
relating to operation of
Provident
Fund.
(d) To perform the functions
relating to quarters of
workers
and employees.
53. Powers, Functions and Duties of the Labour officer:
The Labour officer shall have following
powers, functions
and duties, in addition to the powers
as mentioned in
Section 65 of the Act :-
+ %*
e role of mediator in settling the
dispute raised between worker, employee and Proprietor.
(b) To cause to solve the dispute
by having mutual
negotiation in relation to personal claim or complaint
of worker
or employee and in case not solved in this
way to
take necessary decision.
(c) To take oral and written
statements of worker or
employee
of any Enterprise within the Enterprise in
the
Labour office in course of proceedings done by
Labour
office.
(d) To motivate workers to be
dedicated towards their work
and
create the necessary environment for that.
(e) To play active role in
maintaining healthy and
balanced
relation by providing advice and suggestions
to
Proprietor in the formulation of necessary policy
with
regard to development and extending of the
Enterprise and change in functions, duties of the
workers.
(f) To make understood the
workers in simple language
about the
problems to be faced in Enterprise and in
matters
of security of their rights and interests.
(g) To play active role in the
decision making process by
having
mutual discussion and dialogue between
Proprietor and workers representatives in course of
bringing
the reform in the production process and
adopting
any other working process in the Enterprise.
(h) to make arrangement through
the process of mutual
dialogue
and discussion for stopping the uncordial
atmosphere between the workers and Proprietor.
(i) To prevent workers from going
into illegal strikes or
not
allowing to bring disturbances in the activities
of the
Enterprise or to be active in stopping
unauthoratative dealing between Proprietor and
workers.
(j) To attempt bring in normal
condition by adopting
healthy
and neutral attitude in an amicable and
cordial
atmosphere even if any dispute is raised
between
Proprietor and worker.
(k) To manage to examine the
health of the workers by
consulting the Local office and a qualified doctor for
the
protection and the facility of the workers and
maintain
record thereof, to protect the workers
against
dangerous works, inspect machineries, clean
the
Factory and make other timely provisions regarding
health
and safety.
(l) To render necessary advice
and suggestions also to
Proprietor in the matters of providing wage, leave and
other
facilities to workers.
(m) To cause to implement the
welfare provisions as
mentioned
in the Act.
(n) To make arrangement for the
entertainment and sports
also for
the physical and mental fitness of the
workers.
(o) To make necessary arrangement
by encouraging
Proprietor alongwith workers for constituting the
Committee
relating to Labour, Production Committee,
Welfare
Committee, Security Committee and any other
Committee
to be helpful in the operating of the
Enterprise.
(p) To make necessary action
after receiving technical or
administrative report in course of implementing the
Act in
the Enterprise.
59. Other function, Duties and Powers of the Factory
Inspector:
In addition to the powers mentioned in
the Section 67 of
the Act, the Factory Inspector shall
have other functions,
duties and powers as follows :-
(a) To enter any Enterprise or
Factory within the
jurisdiction of the Labour office and inspect and
examine
the building, land, plant, machine, used raw
materials, finished and semi-finished goods and
arrangements relating to health and safety and to
issue to
Proprietor, in case it is required to correct
in that
respect.
(b) To issue order to make
immediate necessary arrangement
in the
place seen dangerous from the safety and health
point of
view in any Enterprise or Factory.
(c) To examine the Boiler,
Pressure vessel and other
dangerous
equipments fatal to body once in a year and
to give
permission to operate these things in case
they are
found good for operating.
(d) To render necessary advice in
relation to possible
measures
in enhancing the productivity of Enterprise
or
Factory.
(e) To examines the documents
like attendance register of
workers
and employees working in the Enterprise or
Factory,
salary, allowance, particulars in relation to
overtime
payment to worker or employee.
(f) To take oral or written
statements of any worker or
employee
of Enterprise or Factory in relation to
health
and safety arrangements of that Enterprise or
Factory.
(g) To make inquiry of any
accident happened in the
Enterprise.
(h) To initiate action for
compensation in case any worker
or
employee is injured leading to physical disablement
while
performing the works of Enterprise or Factory.
55. Functions, Duties and Powers of the Welfare Officer:
The functions, duties and powers of the
Welfare officer
shall be as follows :-
(a) To maintain good contact and
relation between both the
Proprietor and worker, by maintaining cordial relation
between
them.
(b) In case the workers are faced
either with individual
or
collective problem, to solve such problem by
informing
the Proprietor in time.
(c) To motivate and render advice
and suggestion for
enhancing
the activities of the Trade Union in the
matters
leading to professional interests of the
workers.
CHAPTER - 6: Miscellaneous
56. Information to be provided for the establishment and
extension of the Enterprise:
(1) In case it is required to
extend any Enterprise or to
establish
a new Enterprise, the Proprietor of that
Enterprise, prior to doing such activity, shall inform
the
concerned Labour office alongwith the particular
related
to the following subjects :-
(a)
Particulars relating to area, category and
boundary of the land.
(b)
Length, breadth and height of the building of the
Enterprise and other houses to be built in
Enterprise.
(c)
Pertaining to the details of the said building
as, which portion to contain what category of
goods in what quantities and type of machinery
and equipment to be installed for production work
and manufacture.
(d)
Proper arrangement of ventilation of air
alongwith light in all rooms of the building.
(e)
In case there is situation of emission of gases
through production process, the provision for
outlet of such gas.
(f)
Appropriate arrangement of toilet.
(g)
Arrangement of drinking water.
(h)
In case adequate supply of water is required, the
arrangement made in that required.
(i)
Distance between the nearest habitation and the
Enterprise and the particulars of the measures to
be adopted in protecting the neighbouring habitat
from the environmental hazards.
(j)
Nature and volume of power required for the
production process.
(k)
Name and quantity of raw material and subsidiary
raw materials required for the production
process.
(l)
Name and quantity of the goods to be produced.
(m)
Arrangements for the protection from fire of the
complex of the Enterprise and the goods produced
from it.
(n)
While making necessary examination upon the
particulars to be received to Labour office
pursuant to Sub-rule (1), in case it is seen to
have adverse impact from the standpoint of
health, safety and environment, the Factory
Inspector may issue order to Proprietor directing
him to amend or alter as necessiated upon the
particulars provided to it. It shall be duty of
the concerned Proprietor to abide by such
directives.
57. Information to be provided by the Proprietor:
(1) While using any new building
or land for the
Enterprise, the Proprietor shall have to provide
written
notice alongwith following particulars at
least
prior to fifteen days to the local Labour
Office.
(a)
Name and address of the Enterprise,
(b)
Name and address of the Proprietor of the
Enterprise,
(c)
Address for correspondence with Enterprise,
(d)
Name and address of the Manager of the
Enterprise,
(e)
Particulars of the workers engaged in the
Enterprise,
(2) The Proprietor shall have to
send the written notice
alongwith
the particulars mentioned in Sub-rule (1),
to the
local Labour office within thirty days after
the
commencement of this Regulation.
(3) In any Enterprise share the
Manager has not been
appointed
or has not taken the responsibility of the
management of the Enterprise even if appointed, in
such
situation the person officiating as Manager or if
there is
no such person also, the Proprietor himself
shall be
deemed to be the manage of that Enterprise
for the
purpose of this Regulation.
58. Procedures of Labour Court:
The Labour Court, while initiating and
disposing cases
shall follow the procedures of Short
Procedures Act, 2028
(1972).
59. Repeal and Saving:
(1) The Nepal Factory
Regulations, 2019 (1962) are
repealed.
(2) The Regulation relating to
Labour made to apply for a
particular Enterprise shall prevail over the matters
written
in that Regulation and this Regulation shall
prevail
over the rest of the matters.
(3) Any activities performed
pursuant to The Nepal Factory
Regulations, 2019 shall be deemed to have been
performed
as per this Regulation.
SCHEDULE: Specifying the degree
of Disablement
S.N. Particulars of the
Injury Disablement in
percentage
01 Loss of two
limbs
100
02 Loss of two hands or loss of all fingers
alongwith
palm
100
03 In case of loss of total
sight
100
04 Total
paralysis
100
05 In case of permanent sickness as a result of
injury 100
06 In case of loss of other eye of one eyed
person 100
07 In case of loss of other arm of one armed
person 100
08 In case of loss of other foot of one footed
person 100
09 In case of loss of one foot and one
arm
100
10 In case of total and permanent disablement
because of
any other
injury
100
11 In case of total
deaf
100
Condition of amputation of one Arm
12. Amputation of Shoulder
joint
80
13. In case the arm is amputed from the middle of Shoulder
and
elbow
70
14. In case of loss of arm from the
elbow
70
15. In case of loss of arm from the middle of the elbow
and
wrist
70
16. In case of loss of hand from
wrist
60
17. In case of loss of four fingers and alongwith thumb of
one
hand
60
18. In case of loss of four fingers except thumb of one
hand
60
19. In case of loss of two flanks of the
thumb
30
20. In case of loss of one flank of the
thumb
20
21. In case of loss of three flanks of the pointing
finger
14
22. In case of loss of two flanks of the pointing
finger 11
23. In case of loss of one flank of the pointing
finger 9
24. In case of loss of three flanks of the middle
finger 12
25. In case of loss of two flanks of the middle
finger 7
26. In case of loss of one flank of the middle
finger 7
27. In case of loss of three flanks of fourth and fifth
fingers
7
28. In case of loss of two flanks of fourth and fifth
fingers
6
29. In case of loss of one flank in both the fourth and
fifth
fingers
5
30. In case of additional loss in first or second meta
carpal
5
31. In case of additional loss in third, fourth and fifth
meta
carpal
4
Condition of amputation of any one or of both
the legs
32. In case both the thigh are amputed from the middle or
in the leg is amputed from the middle
of one thigh
leading to the loss of leg of other
side or the organ
is amputed below from both the
knees
100
33. In case the legs are amputed 5 inch below from both
the
knees
100
34. In case the leg is amputed 5 inch below from one knee
leading to the loss of another
knee
100
35. In case there are only stump knees and are bearing
only after both the feet are amputed
100
36. In case there is amputation from upper joint of
metatarsophelongial joint of both the
feet
90
37. In case there is loss in all the fingers below
metatarsophelongial joint of both the
feet
80
38. In case there is loss upon all fingers of both the
feet from the proximal of
interphelongial joint
40
39. In case there is only loss in lower part from proximal
interphelongial joint of all the
fingers of both the
feet
20
40. In case there is amputation from middle of hip
joint 90
41. In case there is amputation down wards to hip joint
but if the stump of remaining leg is
less than 5 inch
from troancter
joint
80
42. In case the leg is amputed not reaching below the
middle of the thigh in a way that there
is stump below
the hip joint which is 5 inch more than
the troancter
joint
70
43. In case there is amputation in below from middle of
the thigh upto knee in a way not being
more than 3.5
inch
60
44. In case there is amputation in leg below the knee and
stump below the knee is in between 3.5
inch to 5
inch
50
45. In case there is amputation in leg below the knee and
the stump is 5 inch long below from the
knee
50
46. In case there is stump for aid bearing after total
amputation in one
leg
40
47. In case there is amputation in one leg only from
proximal metatarsophelongial
joint
40
48. In case all the fingers of one leg are amputed from
proximal metatarsophelongial joint or
amputed from
middle of metatarsophelongial
joint
20
49. In case of loss of both the flanks of the toes of the
feet
10
50. In case of loss of one flank of one toe of
feet 3
51. In case of loss of some portion of toe including its
bone
3
52. In case of loss of fingers other than
toe 3(each)
53. In case of loss of any portion of any finger of feet
including bone other than
toe
1
Other special injuries
54. In case of loss but not complicated, to another eye,
when one eye was in normal
condition
40
55. In case of loss in sight or loss in retina of other
eye when one eye's sight is in normal
condition 30
56. In case of loss of hearing power of one
ear
20
Total recovery to be created in limbs and joints after
injury
57.
Spine
30
58. Shoulder
joint
40
59.
Elbow
40
60.
Wrist
30
61. Proximal and distal radio ulnar
joint
30
62. Thumb (First Metacarpal flanks
joint)
30
63. One joint of any one finger other than of
thumb 3
64. All the joint of any one finger other than
thumb 10
65. All the joint of all fingers including of
thumb 40
66. Hip
joint
40
67.
knee
19
68.
Ankle
19
69. Joint below tails
bone
19
70. toe (First Meta flanks
joint)
19
71. Joints of other fingers of feet other than
toe 10
Paralysis of limbs or only of any part of body after
injury
72. Total paralysis as a result of injury in spinal chord
100
Total paralysis of the following limbs
73. Breakial
Plexus
70
74. Radial
Nerve
50
75. Median
Nerve
40
76. Ulnar
Nerve
40
77. Syatic
Nerve
70
78. Medial Paplitial
Nerve
40
79. Lateral paplitial
Nerve
30
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