Nepal
A BILL MADE TO PROVIDE FOR
THE
MANAGEMENT OF TRADE UNION
Preamble:
Whereas it is expedient to make legal provision
regarding
registration, operation of Trade Union and other necessary
provisions relating to it for the protection and promotion of
professional and occupational rights of the workers of
Enterprise.
Now, therefore the parliament has made this Act in the
21st
year of the rule of His Majesty's King Birendra Bir Bikram Shah
Dev.
CHAPTER - 1: Preliminary
1. Short title and commencement:
(1) This act may be called "Trade Union Act,
2049 (1992)".
(2) This Act shall come into force on such date
of His
Majesty's Government may
be notification published in
Nepal Gazette, specify.
2. Definition:
Unless the subject or context otherwise requires in
this
Act :-
(a) "Enterprise" means the Enterprise
established pursuant
to section 2(b) of Labour
Act, 2048 (1991).
(b) "Workers" means the workers engaged
in any enterprise
on permanent, temporary,
piece rate or contract basis
in the Enterprise and
this expression shall also mean
other personnel except
those personnel who are engaged
in Supervision,
Administrative Control or Management
work of the Enterprise.
(c) "Manager" means the Manager
appointed pursuant to
section 2(f) of the
Labour Act, 2048 (1991).
(d) "Trade Union" means the Enterprise
level Trade Union
registered under this Act
for the protection and
promotion of the
occupational rights of the workers
and this expression shall
also mean Trade Union
Association and Trade
Union Federation.
(e) "Enterprise level Trade Union"
means the Enterprise
level Trade Union
registered pursuant to section 3.
(f) "Trade Union Association" means the
Trade Union
Association registered
pursuant to section 4.
(g) "Trade Union Federation" means the
Trade Union
Federation registered
pursuant to section 5.
(h) "Authorised Trade Union" means the
Enterprise level
Trade Union recognised
pursuant to section 11 to
protect the rights of
workers through collective
bargaining with the
management.
(i) "Working Committee" means the
working committee
constituted under the
construction of the Trade Union.
(j) "Member" means the worker of the
concerned Enterprise
who has taken the
membership of the Enterprise level
Trade Union.
(k) "Official" means the Chairman,
Vice-Chairman, General
Secretary and Treasurer
of the working committee and
the expression shall mean
the members of the working
committee.
(l) "Registrar" means the registrar
appointed pursuant to
section 4 and this
expression shall mean the officer
authorized to use the
registrar's power by His
Majesty's Government in a
notification published in
the Nepal Gazette.
(m) "Register Book" means the Register
book maintained
pursuant to section 16
for the registration of Trade
Union.
(n) "Labour Court" means the Labour
Court pursuant to
Labour Act, 2048 (1991).
(o) "Prescribed" or "as
Prescribed" means prescribed or as
prescribed in the Rules
framed or the order declared
by His Majesty's
Government in a notification
published in the Nepal
Gazette.
CHAPTER - 2: Registration of Trade Union
3. Registered of Enterprise Level Trade Union:
(1) The workers of concerned Enterprise may
constitute and
Enterprise Level Trade
Union to protect and promote
their occupational
rights.
(2) In order to register an Enterprise Level
Trade Union
constituted pursuant to
sub-section (1) an application
in the prescribed form
signed by at least 10 members
of the Trade Union
recommended by the working
committee alongwith the
Constitution of the Trade
Union, prescribed fee and
other prescribed particulars
should be submitted to
the Registrar.
(3) The Registrar after receiving an application
pursuant
to sub-section (2) if
finds complied with the Act
shall register the Trade
Union within 15 days from the
date of receipt of
additional particulars as demanded
pursuant to section 6 and
provide certificate to the
applicant in the
prescribed form.
(4) Notwithstanding anything contained in
sub-section (3)
the Enterprise Level
Trade Union shall not be
registered if at least
twenty five percent workers of
the concerned Enterprise
are not members.
(5) No workers shall be eligible to be member of
more than
one Enterprise Level
Trade Union at the same time.
4. Registration of Trade Union Association:
(1) At least fifty Enterprise Level's Trade Union
or five
thousands workers of
similar nature Enterprise, may
constitute a Trade Union
Association by mutual
agreement.
(2) Notwithstanding anything contained in
sub-section (1)
at least 250 workers
working with similar nature
industrial occupation
from outside may constitute
Trade Union Association
by mutual agreement.
(3) In order to register a Trade Union
Association
constituted pursuant to
sub-section (1) an application
in the prescribed form by
the official recommended by
the working committee
along with a copy of mutual
agreement, the
constitutions of the trade unions,
prescribed fee and other
prescribed particulars should
be submitted to the
Registrar.
(4) The Registrar after receiving an application
pursuant
to sub-section (2) if
finds complied with the Act
shall register the Trade
Union Association within 15
days from the date of
receipt of the application of
from the date of receipt
of additional particular as
demanded pursuant to
section 6 and provide certificate
to the applicant in the
prescribed form.
(5) Notwithstanding anything contained in the
sub-section
(1) no trade union of the
Enterprise shall be eligible
to be member of more than
one Trade Union Association
at the same time.
(6) After the registration of Trade Union
Association
pursuant to sub-section 4
its registration shall
remain valid for one year
even if the number of
members of such Trade
Union Association declines upto
10 percent.
5. Registration of Trade Union Federation:
(1) At least ten Trade Union Associations may
constitute
a Trade Union Federation
by mutual agreement.
(2) In order to register a Trade Union Federation
pursuant
to sub-section (1) an
application in the prescribed
form by the official
recommendation by the working
committee along with a
copy of mutual agreement,
constitution of the Trade
Union Federation, prescribed
fee and other particulars
should be submitted to the
Registrar.
(3) The Registrar after receiving an application
pursuant
to sub-section (2) if
finds compiled with the Act
shall register a Trade
Union Federation within 15 days
from the date of receipt
of the application or form
the date of receipt
additional particulars as demanded
pursuant to section 6 and
provide certificate to the
applicant in the
prescribed form.
(4) Notwithstanding anything contained in
sub-section
(1)no Trade Union
Federation shall be eligible to be
member of more than one
Trade Union Federation at the
same time.
(5) After the registration of a Trade Union
Federation
pursuant to sub-section
(3) its registration shall
remain valid for one year
even if the number of member
of such Trade Union
Federation declines upto 10
percent.
6. Additional particular may be demanded:
(1) Regarding the registration of a Trade Union
Federation
if the registrar
considers additional particulars
necessary, he may demand
the required particulars
within 7 days from the
date of receipt of the
application for the
registration of Trade Union
Federation.
(2) Notwithstanding anything contained in section
3, 4 and
5 no Trade Union shall be
registered unless the
particulars demanded
pursuant to sub-section (1) has
been received.
7. Refusal of Registration:
The Registrar may refuse to register a Trade Union in
the
following circumstances :-
(a) if necessary particulars are not attached
with the
application.
(b) if at least 25 percent worker of the
concerned
Enterprise are not the
member of the Enterprise Level
Trade Union.
(c) if the name of the Trade Union coincides with
the name
of the Trade Union which
has already been registered.
(d) if the particulars mentioned in the section
10 of the
constitution of Trade
Union has not been included.
(e) if the particulars mentioned in the section
10 of the
constitution of the Trade
Union has not been included.
CHAPTER - 3: Operation, Management and
Recognition of the Trade Union
8. Autonomous and Corporate body:
(1) The Trade Union shall be an autonomous and
corporate
body having perpetual
succession.
(2) The Trade Union shall have a seal of its own
to carry
out its activities.
(3) The Trade Union may acquire, posses, dispose
or manage
by other means of its
movable property as person.
(4) The Trade Union may sue or be sued under its
name as
person.
9. Objectives:
(1) The Objectives of the Trade Union shall be as
follows
:-
(a) To engage in
economic and social development by
improving the conditions of workers.
(b) To make an
effort to establish good relationship
between worker and management.
(c) To assist in
the development of Enterprise by
increasing the productivity of Enterprise.
(d) Try to make the
workers dutiful and discipline.
(2) In addition to the objectives mentioned in
sub-section
(1), the Trade Union
Association and the Trade Union
Federation shall have the
following objectives :-
(a) To conduct
activities providing education to the
worker.
(b) To establish
relation with International
institutions for the benefit of the workers.
(c) To provide
necessary advice to His Majesty's
Government in formulating the Labour Policy.
(d) In order to
enhance social and economic standard
of the workers publish facts beneficial to the
workers by conducting necessary workshops,
seminar etc.
(e) In order to
protect and promote the rights of the
workers negotiate with His Majesty's Government
and take other necessary steps within the
existing law.
10. Constitution:
(1) The following particulars shall be included
in the
Constitution of the Trade
Union :-
(a) Name and
address of Trade Union;
(b) Objective of
the establishment of Trade Union;
(c) Procedure of
the formation of the working
committee as well as the term of office to be a
maximum period of four years;
(d) General
Membership, the number of officials and
the mechanism of their election;
(e) Provision that
only a worker, who is a Nepali
Citizen and having served continuously for one
year to be elected for the official post;
(f) Provision
regarding fund of the Trade Union and
its auditing;
(g) Provision
regarding inspection and examination of
the account of the Trade Union;
(h) Provision to
bring the vote of no confidence
against the officials;
(i) Provision
regarding function, duty, right and
meeting of the working committee and the General
Meeting of Trade Union;
(j) The procedure
of amendment of the Constitution of
Trade Union;
(k) Provision
regarding dissolution of the Trade
Union;
(l) Provision
regarding liability and property of the
Trade Union after its dissolution.
(2) In the Constitution of the Trade Union
Association and
the Trade Union
Federation in addition to the
particulars mentioned in
sub-section (1) prescribed
particulars have to be
included.
(3) If any amendment is made in the Constitution
of the
Trade Union, the
concerned officer shall inform the
Registrar with a copy of
such amendment within 15 days
after such amendment has
been made and approval of
such amendment have to be
taken from the Registrar.
11. Recognition of the Authorised Trade Union:
(1) The Authorised Trade Union shall be
recognised for the
collective bargaining
with the management on behalf of
the workers of authorised
Enterprise Level Trade
Union.
(2) The Authorised Trade Union recognised
pursuant to sub-
section (1) shall inform
to the Registrar and the
Manager within 15 days
after such recognition has been
extended.
(3) The Registrar shall provide the certificate
of
Authorised Trade Union as
prescribed within 15 days
from the date of receipt
of notice pursuant to sub-
section (2).
12. Presentation of Claim:
(1) Notwithstanding anything contained in section
74(1) of
the Labour Act, 2048
(1991) the working committee of
the Authorised Trade
Union on behalf of the workers
may present claims in
written form with the number and
means of its
representative to the management for
collective bargaining.
(2) The Authorised Trade Union shall not go on
strike in
Enterprise or do such
action that may assist it in any
manner without completing
the procedure mentioned in
section 76 of the Labour
Act, 2048 (1991).
13. Duration of Validity of the Recognition of the Authorised
Trade Union:
The duration to bargain collectively on behalf of the
workers of the Authorised Trade Union recognized
pursuant
to section 11 with the management shall remain valid
for
two years from the date of issue of the certificate by
the
Registrar pursuant to sub-section (3) of the same
section.
CHAPTER - 4: Appointment, Functions, Duties and Rights
of the Registrar
14. Appointment of the Registrar:
(1) His Majesty's Government shall appoint
Registrars as
necessary for the
registration of the Trade Union in
accordance with this Act.
(2) Notwithstanding anything contained in
sub-section (1)
His Majesty's Government
may by notification published
in the Nepal Gazette
authorise as necessary any other
officer to use the power
of Registrar.
15. Functions, Duties and Power of the Registrar:
The functions, duties and power of the Registrar shall
be
as follows :-
(a) To register the Trade Union.
(b) To maintain and keep upto date Register Book
with
details particulars of
the registered Trade Union and
other related
particulars.
(c) To demand additional particular necessary for
the
registration of the Trade
Union.
(d) To take necessary action if the particulars,
report or
other documents required
to be submitted by the Trade
Union under the Act is
not submitted or if false
particulars are
submitted.
(e) To specify the procedure of election of the
Authorised
Trade Union.
16. Register book:
The Registrar shall maintain a separate Register Book
to
keep upto date the particulars, records etc. of the
Trade
Union.
CHAPTER - 5: Fund and Auditing
17. Fund:
(1) The Trade Union shall have its own separate
fund and
the fund shall obtain the
following amounts :-
(a) The amount
obtained from the membership fee.
(b) The amount
obtained from the national
organizations in the form of Aid or Grant.
(c) The amount
obtained from any other sources.
(2) All expenses incurred in the name of Trade
Union shall
be borne out from the
fund.
(3) The amount to be contained in the fund
pursuant to
sub-section (1) shall be
deposited by opening an
account in any Commercial
Bank within the Kingdom of
Nepal.
18. Accounts and Auditing:
(1) The accounts shall be maintained as mentioned
in the
Constitution of the Trade
Union.
(2) The accounts maintained pursuant to
sub-section (1)
shall be audited by the
auditor appointed by the
General Meeting of the
Trade Union.
CHAPTER - 6: Miscellaneous
19. Merging of the Trade Union:
(1) If two or more than two Trade Unions of any
Enterprise
like to merge into one
Enterprise Level Trade Union
and if the majority of
the members of such Trade Union
casts vote in favour of
such merging, such Trade
Unions may constitute a
new Enterprise Level Trade
Union by mutual
agreement.
(2) In order to register a new Enterprise Level
Trade
Union constituted
pursuant to sub-section (1), the
officials authorised by
the working committee shall
apply to the Registrar in
the specified form with a
copy of the agreement
mutually entered into by the
merged Trade Unions, the
Constitution of the Trade
union, prescribed fee and
other prescribed
particulars.
20. Information of the change in name:
If any Trade Union changes its own name the Registrar
shall
be informed of such change within 15 days of the change
of
name.
21. Effect of change in name, merging or dissolution:
(1) No effect shall occur in the power to be
achieved or
obligation to be
fulfilled by such Trade Union only by
the reason of change in
name of Trade Union.
(2) The merging of two or more than two Trade
Unions into
only one Trade Union or
the dissolution of Trade Union
in other Trade Union
shall have no effect in the
obligation to be
performed by such Trade Union.
22. Obligation to be fulfilled regarding contracts:
It shall be the duty of such Trade Union to fulfil the
obligation of the contract entered into by the Trade
Union
itself or by the authorised officials on behalf of the
Trade Union.
23. No Case to be filed:
After complying with the procedure of this Act or the
Labour Act, 2048 (1991) if the Enterprise Level Trade
Union
or the Official of such Trade Union while doing
anything in
the context of collective bargaining have affected by
its
action to the Enterprise, not case shall be filled
against
Trade Union of the officials in any court regarding
such
action.
24. Presentation of Yearly Report:
(1) The Trade Union shall submit to the Registrar
a yearly
report of each year
within three months from the end
of fiscal year by
auditing its account book showing
clearly all property,
loan including obligation of the
Trade Union.
(2) In the yearly report pursuant to sub-section
(1) the
total number of members
who pay charges of the Trade
Union and the particulars
of the officials changed
during the year shall
also be included.
25. Cancellation of the Registration:
(1) The Registrar shall cancel the Trade Union
registered
under this Act on the
following circumstances :-
(a) If the Trade
Union applies an application to the
Registrar for the cancellation of its
registration.
(b) If it is proved
that the registration of the
Trade Union has been made by mistake or
fraudulent act.
(c) If anything is
done against this Act or the
Regulation made under this Act.
(2) When cancellation the registration of any
Trade Union
under the condition
mentioned in part (b) and (c) of
sub-section (1) the
Registrar shall give notice to the
concerned Trade Union in
written form with the reason
of cancellation.
26. Officials of Trade Union Association and Federation:
Notwithstanding anything contained elsewhere in this
Act,
the Trade Union Association and Trade Union Federation
shall appoint from their working committees not
exceeding
10% and 25% respectively of the total number of
officials
who are engaged in the protection and promotion of the
rights of the worker, in the officials of the Trade
Union
Association and the Trade Union Federation.
27. Notice of Dissolution of Trade Union to be provided:
(1) If a Trade Union is to be dissolved in
accordance with
the Constitution, the
notice to such dissolution has
to be provided to the
Registrar by the concerned
official with reason.
(2) After receiving the notice on dissolution of
Trade
Union pursuant to
sub-section (1) the Registrar shall
register such notice only
in the case of the Trade
Union which has been
dissolved in accordance with the
Constitution.
28. Offence and Punishment:
(1) If any official, misappropriate the property
of Trade
Union or acts to cause
loss and damage to such
property, the Labour
Court may fine such officials to
the extent of Rs. 5000/-
or one years imprisonment or
both and may order to
compensate the amount from such
official of the property
lost or damaged.
(2) If the particulars, reports, notices or any
other
documents to be submitted
on behalf of the Trade Union
in accordance with this
Act or the rules under this
Act is not submitted or
false particulars are
submitted, the Registrar
may fine the concerned
official to the extent of
Rs. 500.
29. Appeal:
(1) An appeal to the case initially decided by
the Labour
Court in accordance with
this Act shall lie to the
Appeal Court.
(2) An appeal on the order made by the Registrar
under
this Act may be filled to
the Labour Court.
(3) An appeal may be filled within 35 days from
the date
of such proceeding and
decision made by the Labour
Court or the order made
by the Registrar.
30. Special Power of His Majesty's Government:
His Majesty's Government may give necessary order or
direction to restrict such activity of the Trade Union
seem, to create extra-ordinary situation thereby
disturbing
the peace and order or to go against the economic
development of the country.
31. Power of Frame Rule:
His Majesty's Government may frame necessary rules to
carry
out the purposes of this Act.
The International Labour Organization is a United Nations specialized agency.