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Labour Act,2048 (1992)

Labour Act,2048 (1992)  Date of Authentication
2 Jestha 2053 (May 15, 1996)
Amendment Acts
1. Labour (first Amendment) Act , 2054 15 Magh 2054 (Jan.28, 1989)
2.Child Labor (Prohibition and Regulation) Act, 2056 • 7Ashadha2057(June21,2000 A.D.)
Act No. 9 of the year 2049 B.S.
An Act to provide for Labour
Preamble: Whereas it is expedient to make timely provisions relating to labour by making provisions for the rights, interests, facilities and safety of workers and employees working in enterprises of various sectors.
Now, therefore, the Parliament has made this Act on the twenty first year of the reign of His Majesty King Birendra Bir Bikram Shah Dev

Chapter 1

Chapter 1. Preliminary
1. Short title and commencement:

(1) This Act may be called as the “Labour Act, 2048 (1992)”.
(2) It shall come into force immediately.
2. Definitions. In this Act, unless the subject or context otherwise requires :-:
(a) “Production process” means any of the following processes:
(i) works relating to making, altering, repairing, ornamenting, engraving, finishing, packing, oiling, washing, cleaning, breaking-up,
dismantling or other kinds of activities given to any article or substance with a view of bringing it to its use, sale, distribution,  transportation, or disposal.
(ii) pumping of oil, water, or sewage;
(iii) generating, transforming, and transmitting energy; or
• It came into force on 2054.7.18 (Nov. 3, 2000) by a notification published in the Nepal Gazette
(iv) printing, lithography, photography, book-binding and other similar work.
(b) “Enterprise” means any factory,
? company, organisation, association, firm, or group thereof, established under the prevailing laws for the purpose of  operating any industry, profession or service, where ten or more workers or  employees are engaged and this expression also includes:
(1) Tea estates, established under the law for commercial purpose;
(2) Enterprise operating within the industrial districts established by  Government of Nepal where less than ten workers or employees are
engaged.
(c) “Employee” means persons engaged in the administrative functions of the enterprise.
(d) “Worker” means a person employed on the basis of remuneration ? …………to work in any building, premises, machinery or any part thereof used for any
productions process or providing service, or any act relating to such work or for any unscheduled works and this expression also includes any worker
working at piece-rate, contract or agreement.
(e) “Manager” means a person appointed for performing the functions in the Enterprise.
(f) “Proprietor” means the person having final authority on the activities of the Enterprise and this expression also includes any person appointed as the
Chief of any ♣ branch or unit of the Enterprise with powers to exercise final responsibility or authority in respect thereof.
(g) “Factory Inspector” means a factory inspector appointed by Government of Nepal and this expression also includes the Senior Factory Inspector.
(h) . ∝ ………………
(i) “Minor” means a person who has attained the  age of sixteen years but has not completed the age of eighteen years.
(j) “Adult” means a person who has completed the age of eighteen years.
(k) “Energy” means electrical or mechanical energy.
Provided that, this word shall not include any energy generated from human or animal sources.
(l) “Seasonal Enterprise” means an Enterprise which cannot be operated or which is not feasible to operate in any season other than the specific season
and this expression also includes a Seasonal enterprise which cannot operate more than one hundred and eighty days in one year.
(m) “Day” means period of twenty-four hours starting from any midnight and  ending at another midnight.
(n) “Week” means a period of seven days starting from midnight on Saturday or from midnight of such other day as prescribed by the Department of Labour.
(o) “Welfare Officer” means the welfare officer appointed under this Act.
(p) “Labour Officer:” means the Labour Office appointed under this Act and this expression also includes the Senior Labour Officer.
(q) “Labour Court” means the Labour Court under this Act.
(r) ” Remuneration” means the remuneration or wage to be received in cash or kind from the Enterprise by the worker or employee for the works performed
in the Enterprise and this expression also includes any amount to be received in cash or kind for the works done under piece-rate or contract.
Provided that, this expression does not include any kind of allowance or facility.
(s) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.

CHAPTER – 2 

CHAPTER – 2 Employment and Security of Service
3. Classification of Job:

(1) The Proprietor shall classify the job of the workers and employees of the Enterprise according to the nature of production process, service or functions of the Enterprise and shall provide the information thereof to the concerned Labour Office.
(2) If the classification done pursuant to Sub-section (1) requires any amendment, the Labour Officer may, stating the reasons thereof, issue a directive to
the Proprietor and it shall be the duty of the Proprietor to abide by such directive.

4. Appointment of Worker and Employee:
♣ (1) In cases where it is required to appoint a worker or employee in any post classified pursuant to Section 3, the Manager Shall have to advertise in order to select such a worker or employee and the worker or employee so selected shall have to be provided with appointment  letter and be engaged at work..
(2) The worker and employee appointed under Sub-section (1), ♣ shall be kept on probation period unless he/she completes the continuous service period of
one year and, based on, his/her efficiency, sincerity discipline, diligence towards works, punctuality, etc in this period he/she shall be appointed permanently. An
appointment letter shall be provided with the name of the post of the worker or employee and his/her remuneration and conditions of service while making such
appointment. Information thereof shall also be provided to the Labour Office.

? Clarification: For the purpose of this Sub-section, the words ” the continuous service period of one year” means the period of two hundred forty days engaged at
work during a period of twelve months in an Enterprise, or the period served  continuously in a Seasonal Enterprise during the period of such a running season,
by a worker or employee and, while calculating the said two hundred forty days, public and weekly holidays shall also be counted.
(3) The worker or employee engaged on piece-rate or contract in the works of permanent nature of an Enterprise shall also be appointed permanently
under Sub-section (2).
(4) The workers or employee engaged under Sub-section (3) shall be entitled to facilities provided in this Act according to the scale of his/her post.
(5) ? …….
? 4A. Prohibition of Engaging Non-Nepalese Citizens at Work: (1) Non-Nepalese citizens shall not be permitted to be engaged at work in any of the posts classified
pursuant to Section 3.
(2) Notwithstanding anything contained in Sub-section (1), if a Nepalese citizen could not be available for any skilled technical post even after publishing an
advertisement in national level public newspapers and journals, the Manager may submit an application to the Department of Labour along with the evidence of such fact for the approval to appoint a non-Nepalese citizen.
(3) If it is found, in conduction of an inquiry upon the submission of any application pursuant to Sub-section (2), that a Nepalese citizen would not be
available for the skilled technical post mentioned in the application, the Department of Labour may, on the recommendation of the Labour Office, grant approval to
engage a non-Nepalese citizen at work years for a maximum period of upto five years not exceeding two years at a time and, in the specialized kind of skilled
technical post, for a period upto seven years.
(4) The Manager, who engages non-Nepalese citizens at work pursuant to Sub-section (3), shall have to make arrangements for making the Nepalese citizens
skilled and for replacing the non-Nepalese citizens gradually by them. ”
5. Engagement in Work: (1) ∝ ………..
(2) Minors and females may be engaged in the works normally from six o’clock in the morning till six o,clock in the evening, except in the prescribed
conditions.
(3) By making an appropriate arrangement with mutual consent between the proprietor and the worker or employee, the females may also be
engaged in the works similar to the males.
? (4) The Manager may transfer a worker or employee to any branch or unit of the Enterprise without causing any difference in the nature or
standard of work. .
(6) Computation of period of Works: For the purpose of computing the period of works performed in the Enterprise by any worker or employee, the following
period shall also be counted.
(a) the period remained in reserve under Section 11; and
(b) the period stayed ♣ with remuneration leave.

Appointment in Contract Service: If an Enterprise needs to increase in production or service immediately, any person may be appointed in contract, by fixing a time
period and setting forth the remuneration to be received by him/her and the terms of service, for any specified work other than the works of the Enterprise which are
permanent in nature.

8. Change of Ownership shall not Adversely Affect: Any change in the ownership of the Enterprise shall not be deemed to have affected on the terms and
conditions of service of the workers and employees of the Enterprise.

9. Separate Registers of the Workers and Employee to be Kept:

(1) In each Enterprise, the Proprietor shall maintain separate registers of the workers and employees mentioning the following particulars –
(a) Name of the worker or employee,
(b) Nature of job,
(c) Remuneration and method of its payment,
(d) Other prescribed particulars.
(2) The register maintained under Sub-section (1) shall have to be submitted when demanded by the Labour Officer, Factory Inspector or any other
person designated by the Labour Office.

10. Security of Service: The service of any permanent worker or employee may not be terminated without following the procedures prescribed by this Act or the Rules or Bylaws made under this Act.

11. Keeping on Reserve:

(1) In case where the curtailment of production or service in any Enterprise for some period is necessary or where operation of the Enterprise
cannot be continued for some special circumstance, the Proprietor, under Sub- section (2), may curtail its production or service or may close the Enterprise or a
part of thereof.
(2) Permission from the Labour Office in case of a period up to fifteen days and from the Department of Labour in case of a period for more than that shall
have to be taken while curtailing the production or service or closing the Enterprise or any part thereof as mentioned in Sub-section (1). The Labour Office shall, inform the Department of Labour of such permission in case it has given permission.
(3) While doing curtailment in the production or service pursuant to Sub- section (1), any worker working on shifts or on wages or
♣ permanent worker or employee of the Enterprise except the employee shall be kept reserve on the condition of receiving half of his/her remuneration.
Provided that, such worker or employee shall continue to receive the appropriate facilities which he/she is receiving.
(4) If any worker or employee kept in reserve pursuant to Sub-section (3) refuse to work on another assignment or similar nature equal
♣ on remuneration offered by the proprietor in the same Enterprise or another Enterprise under his/her control or if he/her does not come in the Enterprise once a day during office hours or on other situations as prescribed, the Proprietor may withheld the remuneration and facility of such worker and employee.

12. Retrenchment and reinstatement:

(1) If, for any special circumstances, the production or service of the Enterprise had to be curtailed or the Enterprise has to    be closed party or wholly for more than three months, the Proprietor may, with the approval of Government of Nepal through the Department of Labour, retrench in the number of the workers and employees, partly or wholly, of the Enterprise.
? (1A) If the Manager makes a demand to Government of Nepal for approval in respect of the retrenchment of workers or employees pursuant to Sub-section (1),
Government of Nepal shall have to make decision within two months on whether such retrenchment of employees to be made or not.
(2) While retrenching the workers or employees under Sub-section (1), engaged in similar type of works, those ♣ permanent workers or employees who
\were appointed in the last shall be retrenched first.
Provided that, if it is required to retrench some of the workers or employees appointed earlier, not following the prescribed order of retrenchment such
retrenchment may be made by specifying the reasons thereof.
(3) While doing retrenchment as per Sub-section (2), it shall be done as follows –
(a) By providing a notice with the reasons or retrenchment either one month in advance or paying the remuneration of one month in case
of worker or employee who is permanent ? …………… and
(b) By paying a lump sum compensation to each worker or employee of the amount of remuneration calculated by multiplying the number of
each year of service performed at the Enterprise by the amount of his/her present remuneration for 30 days.
Explanation: For the purposes of this Clause, the work performed for at least six months in any year shall be counted as one year of service.
(4) The provisions of Sub-section (3) shall not applicable to any worker or employee appointed under contract service.
(5) If anybody has to be engaged in the job of worker or employee retrenched earlier, priority shall be given to the retrenched workers or employees.
Explanation: For the purposes of Section 11 and 12 the “Special Circumstance” shall mean damage, break down or failure of machines or the Enterprise and
thereby causing stoppage in the production or failure in the supply of fuel, electricity, coal or similar energy or due to any kind of force majeure or insufficient
supply of raw materials or stock piling of the produced goods due to loss of sale or other similar situations.

13. Seasonal Enterprise:

(1) The workers or employees of a seasonal Enterprise shall not be deemed to be on reserve during off-season period.
(2) The beginning and closure of operation of seasonal Enterprise shall be informed to the Labour Office.
(3) The permanent worker of employee shall have to be paid with at least twenty five percent of his/her remuneration as retaining allowance for the period of
closure of a seasonal Enterprise during off-season..
(4) The decision of the Department of Labour shall be final in relation to ? deleted by the first Amendment .  any dispute as to whether any Enterprise is a seasonal or not.
Explanation: While computing the period of two hundred and forty days, the public Holidays and weekly holidays shall also be counted.

? ……………………
15. Compulsory Retirement: The Proprietor may compulsorily retire any worker or employee who has crossed the age of fifty five years. Provided that he/she may extend the period of service of any worker of employee by five years, in case the worker or employee is indispensable for the operation of the functions Enterprise.

CHAPTER – 3

CHAPTER – 3  WORKING HOURS
16. Working Hours: No worker or employee shall be deployed in work for more than  eight hours per day or forty eight hours per week and they shall be provided one day as weekly holiday for every week.

17. Computation of Commencement of Working Hour: The time for starting of work by worker or employee shall be as prescribed by the Proprietor.

18. Intervals for Refreshment and Rest: In any Enterprise where work may be interrupt, no worker or employee shall be deployed in work for more than five
hours continuously without providing an interval of half an hour for tiffin. In any Enterprise where works have to be carried out continuously without interruption,
such intervals shall be provided on rotation basis. Such interval of half an hour shall be deemed to have been included within the daily working hours.

19. Extra Wages for overtime to be Provided:

(1) Where any worker or employee is engaged to work for more than eight hours in a day or forty eight hours in a week, he/she shall be paid overtime wages at the rate of one and one-half time of his/her ordinary rate of wages.
Provided that, no worker or employee shall be compelled to work overtime.
(2) While deploying any worker or employee to work overtime, generally the duration shall not exceed four hours per day and twenty hours per
week.

20. Attendance Register to be Kept: Each Enterprise shall keep attendance register of its workers and employees.

CHAPTER – 4

CHAPTER – 4 Remuneration
♣ 21. Minimum Remuneration Fixation Committee:

(1) Government of Nepal may fix the minimum remuneration, dearness allowances and facilities of workers or employees or Enterprises on the recommendation of the Minimum Remuneration Fixation Committee and the notification on rates so fixed shall be published in the Nepal Gazette.
(2) Government of Nepal shall, in order to fix the minimum remuneration, dearness allowances and facilities, constitute a Minimum Remuneration Fixation
Committee consisting of the equal number of representatives of workers or employees, Managers and Government of Nepal.
(3) While making recommendation in regard to dearness allowances and facilities of workers or employees, the Minimum Remuneration Fixation
Committee constituted under Sub-section (2) may do so on the basis of geographical areas.
(4) The rates of minimum remuneration, dearness allowances and facilities fixed pursuant to Sub-section (1) shall be effective only from the date of publication
of a notification to that effect in the Nepal Gazette.
(5) In cases where the Minimum Remuneration Fixation Committee could not be constituted or even if it is constituted, it could not make recommendation,
nothing contained in the foregoing Sub-sections shall be deemed to have barred  fixing the minimum remuneration, dearness allowances and facilities of workers
and employees of Enterprises by Government of Nepal.
(6) No agreement may be entered into between the manager and workers or employees in a way to make the minimum remuneration, dearness allowances and
facilities lesser than those fixed pursuant to Sub-section (1).
(7) The other functions, duties and powers of the Minimum Remuneration fixation Committee shall be as prescribed.

21A. Annual Increment in Remuneration:

(1) The worker and employee appointed permanently pursuant to Sub-section (2) of Section 4 shall receive an increment in remuneration each year.
(2) The amount of increment in remuneration to be received pursuant to Sub-section (1) shall be equal to the half day’s remuneration of the concerned
worker or employee.
(3) Notwithstanding anything contained in Sub-section (1) above, such increment in remuneration shall not be provided in cases where the remuneration is
withheld pursuant to subsection (2) of Section 52.

♣ 22. Payment of Remuneration, Allowances and Facilities:

It shall be the responsibility of the concerned Manager to provide the remuneration, allowances and facilities to be received by a worker or employee of the Enterprise.

23. Period of Remuneration: The Proprietor may fix the period of payment of remuneration to the workers or employees on weekly, fortnightly or monthly basis
in way not exceeding the period of one month. Provided that, this provision shall not apply in respect of the persons who are working on daily wages, piece-rate or contract basis.

24. Prohibition on Deduction of Remuneration:

(1) The remuneration of workers or employees shall not be deducted expect under the following circumstances –
(a) In case it is required to realize any fine.
(b) In case it is required to deduct against absence;
(c) In case it is required to deduct against loss or damage of cash or kind of the Enterprise caused intentionally or negligently;
(d) In case it is required deduct in respect of providing prescribed facilities;
(e) In case it is required to deduct in respect of advance or over payment of remuneration;
(f) In case it is required to deduct in respect of the period of suspension;
(g) In case it is required to deduct under the order of government office or court’
(h) In case it is required to deduct as per the notification of Government of Nepal published in the Nepal Gazette; or
(i) In case it is required to deduct in respect of income tax or any other tax levied under prevailing laws.
(2) The limit of amount to be deducted pursuant to Sub-section (1) the method of deduction, the period of deduction and other related matters shall be as
prescribed.

♣ 25. Petition to be Filed in cases a Deduction in Remuneration Made or Delay
Caused in Payment or other Facilities not provided or Delay Caused in providing such Facilities in an Undue Manner: (1) Except in cases of
happening of a mistake or failure to fix the remuneration amount or inability to pay the remuneration due to the occurrence of an unforeseen incident or of special
circumstance or failure on part of the concerned worker or employee to come to receive his/her remuneration or his/her refusal to receive the same; if, in an undue
manner, a deduction in remuneration is made or a delay is caused in payment or in case of release from suspension or annulment of expulsion by a judgment of a court, the remuneration for the period of such expulsion or suspension is not paid or a delay is caused in such payment or the allowance, gratuity or the amount of
provident fund or compensation to be received by a worker or employee is not paid or delay is caused in such payment, the concerned worker or employee him/herself or through his/her attorney may file a petition in the Labour Office.
(2) The petition as referred to in Sub-section (1) shall have to be filed within six months from the date of deduction in remuneration or causing delay in
payment or non payment of allowance, gratuity, amount of provident fund or compensation or causing delay in such payment.
(3) While conducting necessary inquiry and examination on the petition filed pursuant to Sub-section (1), if it is proven that the remuneration has been
deducted in an undue manner or a delay has been caused in payment or the amount of allowance, gratuity, provident fund or compensation has not been paid or a delay has been caused in such payment, the Labour Office may give order requiring to make payment of such remuneration, allowance, gratuity, amount of provident fund or compensation to the concerned worker or employee and to pay the concerned worker or employee amount upto three times of such amount in default for atonement thereof.
(4) If it is proven that the petition under Sub-section (1) has been filed with a malicious motive or with an intention of causing unnecessary trouble or
distress to the Manager, the Labour Office may give order requiring the petitioner  to pay not exceeding one thousand rupees for compensation to the Manager.
(5) The Labour Office shall make available to the concerned party the amount to be paid or handed over in accordance with the order issued under Sub-
section (3) or (4) by getting recovered and realized the same by taking all or any of the following action:-
(a) By keeping withheld the movable and immovable properties of the concerned Enterprise, worker or employee in accordance with the
prevailing law,

(b) By keeping withheld the deposit amount of the concerned Enterprise, worker or employee being kept in any Government Office or in any Corporate body with the ownership of Government of Nepal or the amount to be paid or handed over the concerned Enterprise, worker or employee by such Office or corporate body,
(c) By keeping withheld the import or export of the concerned Enterprise, worker or employee.
(d) By keeping withheld the discount, facilities or concessions of the concerned Enterprise, worker or employee to be obtained under the prevailing law.

26. Appeal: The party dissatisfied with the Order issued pursuant to Sub-section (3) or (4) may file an appeal to the Labour Court within thirty five days of the receipt of information of such order and the decision of the Labour Court shall be final

CHAPTER – 5 

CHAPTER – 5 Health and Safety
27. Provisions Relating to Health and Safety:

The Proprietor shall make the arrangements in the Enterprise as mentioned below –
(a) To Keep each Enterprise clean and tidy by cleaning daily including with germicidal medicines, necessary arrangements of proper  drainage and coloring from time to time and preventing from odor;
(b) To make arrangements for adequate supply of fresh air and light as  well as proper temperature in the working rooms;
(c) To make arrangements of removal and disposal of solid waste during production process,
(d) To make arrangements of prevention of accumulation of dust, fume, vapour and other impure materials in working rooms which would  adversely affect the health;
(e) To make arrangements of necessary preventive personal devices for protection of health from adverse any other source, and make  provisions this would produce less noise during the work process;
(f) To avoid any congestion in the work-room or work place leading to injurious to the health of workers or employees and to avail working  space to each worker or employee, according to the nature of the job, or normally fifteen cubic meters and, the height above four meters  from the floor surface shall not be counted for such purposes.
(g) To make provisions for sufficient supply of pure potable water during the working hours, and to make arrangement for sufficient water in the Enterprise where chemical substances, are used or produced which may be injurious to the health, for the purpose of extinguishing fire or washing and cleansing during emergency
situations;
(h) To make provisions for separate modern type toilets for male and female workers or employees at convenient place;
(i) To declare as non-smoking zone in all or some parts of the Enterprise, according to the nature of its works; and
(j) Too cause to conduct compulsory health check-ups of the workers or employees once every year in the Enterprises where the nature of  works is likely to affect the health adversely.

28. Protection of Eyes:

(1) Necessary protective means shall have to be arranged for the protection of eyes of the workers and employees from injuries likely to be caused by dust or pieces while working in the Enterprise using glass, mercury, magnet, pallets, iron, concrete, cement, lime, stone and explosive substances.
(2) Necessary protective devices shall have to be arranged to protect the eyes from harmful rays coming from during the process of welding or gas-cutting, or
other similar works.

29. Protection from Chemical Substance: The Proprietor shall have to make provisions for necessary personal protective devices for the protection of workers or
employees handling chemical substances.

30. Provision for Safety Against Fire:

(1) The Proprietor shall have to make arrangements of necessary modern equipment for safety against fire in each Enterprise.
(2) Provision shall have to be made for easy exit from the Enterprise during emergency.
(3) Other provisions to be made by the Enterprise in relation to safety from fire including fire-fighting devices shall be as prescribed.

31. Hazardous Machines to be fenced:

(1) Strong fences shall have to be placed around every part of hazardous machines, instruments and equipment operated by energy.
(2) In case it is required to do inspecting, lubrication or adjusting any part of hazardous machines during its running condition only experienced and well-
trained adult worker or employee shall have to be engaged to perform such works.

32. In relation to Lifting of Heavy Weight:

(1) No worker or employee shall be engaged in the works of lifting, loading or transporting any load likely to cause physical injury or harm to the health.
(2) The maximum load to be lifted, loaded or transported by an adult, minor, male or female workers or employees shall be as prescribed.

 32A. Minor not to be engaged in Works without Adequate Guidelines or of Vocational Training :

(1) No minor shall be engaged in works without adequate directives about the concerned working areas or vocational training.
(2) Provisions with regard to adequate directives about the concerned working areas or vocational training to be given to minors pursuant to Sub-section
(1) shall be as prescribed.

(3) The entrepreneur engaging a minor in work against Sub-section (1) shall be liable to a punishment of imprisonment up to three months in maximum or
a fine of ten thousand rupees in maximum or the both.

 32B. Disputes Relating to Age :

(1) In case a dispute arises with regard to age of a minor engaged in an enterprise, the age mentioned in the date of birth certificate of the minor shall be deemed to be his/her actual age.
(2) In case a minor does not have birth registration certificate after having carried out medical tests the age determined by a medical practitioner prescribed by
the Department of Labor shall be deemed to be his/her actual age.

33. Pressure Plants:

(1) In case a machine has to be operated at a pressure more than the atmospheric pressure in course of the production process of any Enterprise,
necessary effective measures shall have to be adopted in a way that such machine will not be operated at a pressure heavier than safe working pressure.
(2) Provisions in relation to testing, certifying and licensing for operation of the machines mentioned in Sub-section (1) shall be as prescribed.

34. Orders to Provide for Safety :

(1) In the situation where provision of safety has not been made which was required to be done pursuant to this Act, in any Enterprise, the Labour Office may issue a written order to the Enterprise giving a reasonable time limit in order to provide and make necessary arrangements thereon  within such period.
(2) If the order issued as per Sub-section (1) has not been followed, the Labour Office may, order the closure of such unsafe portion, plant or machinery or
the Enterprise and it shall be the duty of the Enterprise to abide by such order.

35. Notice to be Provided:

(1) Each Enterprise shall have to inform the Labour Office within three days if any worker or employee dies or is injured making him/her disabled to work for more than forty eight hours, from an accident occurred in the Enterprise or for any other reason, and within seven days if such worker or employee has been caught by any disease resulting from the profession.
(2) The authority empowered to investigate the accident or disease mentioned in the information given pursuant sub- section (1), his/her powers,
functions, duties, and the procedures relating thereto shall be as prescribed.

36. Powers to Determine the Standards:

(1) Government of Nepal may prescribe the standards of safety required under this Chapter as per necessity by publishing a notice in Nepal Gazette.
(2) Except those mentioned in Sub-section (1), other provisions relating to health and safety to be adopted while using machinery, instruments or equipment
in the Enterprise shall be as prescribed.

CHAPER – 6 

CHAPER – 6 Welfare Provision
37. Welfare Fund: The Enterprise shall have to establish a Welfare Fund, as prescribed for the welfare and benefit of the workers or employees.

38. Compensation: In case any worker or employee of the Enterprise is physically wounded or seriously hurt or dies in course of his/her work, the compensation shall be paid to him/her or to his/her family, as prescribed.

39. Gratuity, Provident Fund and Medical Expenses: The gratuity, provident fund and facilities relating to medical expenses to be provided to the workers and
employees shall be as prescribed.

40. Leave: The public holidays, sick leave, annual leave, maternity leave, obsequies leave, special leave, with remuneration or without   ♣ remuneration leave, etc. to be enjoyed by the workers and employees of each Enterprise shall be as prescribed.

41. Provision of Quarters:

(1) The proprietor shall each year allocate not less than five percent of the gross profit of the Enterprise to provide healthy quarters for the   workers and employees and shall gradually build such quarters.
(2) A separate fund shall have to be maintained for depositing such amount allocated pursuant to Sub-section (1).
(3) The operation of the fund as mentioned in Sub-section (2) shall be as prescribed.

42. Provisions Relating to Children:

(1) Where fifty or more female workers and employees are engaged in the work, the Proprietor of the Enterprise shall have to  make provisions of a healthy room for the use of children of such female workers and employees.
(2) A trained nurse, including some necessary toys, shall also be arranged for the children as mentioned in Sub-section (1).
(3) The female workers and employees shall be provided time, as necessitated, to feed their suckling babies.

43. Relaxing Room: Where fifty or more workers and employees are engaged at work, the Proprietor of the Enterprise shall have to make provisions for relaxing room with minimum amenities.

44. Canteen: Where fifty or more workers and employees are engaged in work at one time, the Proprietor of the Enterprise shall have to make provisions for a canteen.

CHAPTER – 7

CHAPTER – 7 Special Provisions to be Applicable to Special Type of Enterprise.
45. Tea-Estate:

(1) The Special provision mentioned as below shall be applicable inrespect of the tea estates –
(a) Formation of Committee: Government of Nepal may constitute, as prescribed, a Committee to provide necessary advice on promotion,
policy formulation and other related matters in respect of the tea estates.
(b) Provision of Quarter: The Proprietor shall have to make arrangements for appropriate quarters within the tea-estate for the  workers who do not have their residence nearby.
(c) Provisions of Primary Health Care: The Proprietor shall have establish a primary Health Care Center under the responsibility of a
trained employee in order to provide free primary treatment of minor injuries to the workers and employees engaged within the tea-estate
and to the members of their family.
(d) Safety Devices: The Proprietor shall have to provide safety devices and equipment required for personal protection of the workers of the
tea-estate.
(e) Provisions of Primary School: The Proprietor of a Tea-estate shall run a primary school if there are fifty or more children of the age
between five and fourteen years, receiving primary education, of the workers residing in the quarters provided by the tea-estate and in
case there is no school within a distance of one kilometer from the tea-state.
(f) Daily Consumer Goods: The Proprietor shall have to arrange to make the daily consumer goods easily available to the workers and
employees, if there is no market near the tea-estate.
(g) Provision for Entertainment: The Proprietor shall have to make necessary arrangements for appropriate sports facilities within the
tea-estate for physical and mental development of the workers of the tea-estate.
(h) To get the works done on contract: This Section shall not be deemed to prevent from entering into agreement between the
Proprietor and the workers of the tea-estate in respect of doing certain specified works of the tea-estate under contract.
(2) For the purpose of this Section –
(a) “Tea-estate” means tea-estate registered under prevailing laws with commercial objective and this expression also includes the factory   established therein.
(b) “Worker of tea-estate” means any person engaged in the tea-estate for digging, ploughing, levelling, picking, spraying, sowing, cutting,
reaping, plucking, derooting and doing other similar works and this expression also include any person engaged for cleaning any house,
land or machinery or its parts inside the tea-estate or any person doing any other works related to the tea- estate.

46. Construction Business : The following special provisions shall apply in respect of the construction business –
(a) Provisions for Construction Tools: The Proprietor shall have to avail from its own side all necessary tools and material in sufficient
quantity for the workers engaged in the construction works at construction site.
Explanation: For the purpose of this Section, “construction work” means the construction work of building, road, bridge, canal, tunnel,
internal or interstate waterways or railways, or installing of telecommunication equipment or machine including those of
electricity, telephone or telegraph or other works relating to construction.
(b) Special Arrangements at Temporary Construction Sites: At the temporary construction work sites, where fifty or more workers are engaged, the Proprietor shall have to make arrangements for quarters, food stuffs, drinking water, etc. for the workers who do not have residence nearby.
(c) Accident Insurance: The Proprietor shall have to insure all workers engaged in the construction site against accident in the way as
prescribed.
(d) Safety Arrangements:
(1) The Proprietor shall have to make necessary and adequate  arrangements of safety at the sites of construction works.
(2) The Proprietor shall have to arrange of personal protective equipment necessary for the workers engaged in construction
works.

47. Transportation Business:

(1) The following special provisions shall apply in Respect of the Transportation Business _
(a) Working Hours:
(1) The worker and employee of the transport vehicle may be deployed in work till reaching the destination.
Provided that, in a passenger transport vehicle operating ♣ in long route, at least two drivers shall be engaged to drive it
alternately.
♣ “Explanation : for the purpose of this Section, “long route” means the long route as referred to in Clause (aa) of Section 2
of the Motor Vehicle Transport Management Act, 2049 (1992).”
(2) The driver of a vehicle transporting animals or goods and operating in the long distance route shall be allowed to take
rest at several places before reaching the destination.
(b) Trip Allowance: In case worker or employee of the transportation service is engaged for more than eight hours, he/she shall be paid
overtime at the rate of one and one-half times of his/her present amount of remuneration.
Provided that, if the worker or employee engaged in a operating vehicle is paid with any trip allowance, fooding allowance or any such other allowance, he ♣ shall receive such allowance or one and  half of the amount of remuneration to be received by him/her, which one is greater.
(c) Fifty percent Allowance to be received during Breakage or Waiting Period: In case any worker or employee engaged in operating vehicle
has been stayed idle due to breakage of the vehicle before reaching destination or while the vehicle had been in waiting for its return, such person shall receive fifty percent of the allowance payable during the operating time of the vehicle .
(d) Accident Insurance : The proprietor shall insure all workers and employee engaged in the vehicle operating against accident in the
manner as prescribed .
(e) First Aid Materials : The operator of transportation business shall keep sufficient medicines and materials of first-aid treatment in each
vehicle.
(f) Prohibition of Consumption of Alcoholic Drinks:
(1) No worker or employee in any vehicle used for transportation of passengers, animas or goods shall consume alcoholic drinks  before driving of the vehicle till reaching to the destination.
(2) In case a vehicle is operated by any worker or employee after consuming alcoholic drink, the Proprietor may, on charge of misconduct, dismiss him/her from the service. Provided that, the concerned worker or employee shall be provided with and opportunity to defend him/herself before dismissing him/her from service.
(3) Any person aggrieved by the order issued under Sub- clause (ii) may appeal in the Labour Court within thirty five days from the receipt of notice of dismissal from service.
(g) Commission Agent: The facilities under this Act shall not be  provided to Commission Agent engaged in bookings or carriage of goods who is not registered in the Register of the transportation Enterprise.
(h) Change in Ownership: In case the transport vehicle is sold or there is change in ownership and if it is deemed necessary to terminate the    services of any permanent worker or employee who has completed one year continuous service, the transportation businessperson, may terminate the service on payment of compensation and facilities payable under this Act, including such additional compensation as may be available pursuant to mutual agreement entered into or
understanding reach between the Proprietor and the worker of employee.
(2) For the purposes of this Section, “Transportation business” means a transport service engaged in carriage of passengers, animals or goods from one
place to another taking rents in a vehicle operated by means of mechanical device.
? (3) The Provision set forth in this Section and the provisions of Section 4,10,72,73 and Chapters 4 and 8 shall be applicable in respect of the Enterprise
related with transportation business where less than ten workers or employee are engaged at work.

48. Business of Hotel, Travel, Trekking, Adeventure, Rafting, Jungle Safari etc:
The following special provisions shall apply in respect of the business of hotel, travel, trekking, adventure, rafting, jungle safari, etc:-
(a) Females may be engaged in work: Females may be deployed in works in a hotel or travel agency at any time by making special
arrangements of safety according to the nature of works.
(b) Safety of Workers or Employees engaged in Trekking or Rafting: (I) The Proprietor shall compulsorily have to make arrangement,  as per necessity, for personal protective equipment and    necessary clothing, shoes and other articles for protection of  health of the workers or employees engaged in trekking
rafting or other adventures sports.
(II) It shall be the responsibility of the concerned Proprietor to rescue or cause to rescue operation as may be required.
(c) Accident Insurance: The Proprietor shall insure all workers and employees engaged in trekking, rafting jungle safari or other
adventure sport against accident in the way as prescribed.
(d) Payment of Field allowance etc: The Proprietor shall have to provide field allowance, fooding allowance or other similar allowance while
sending workers or employees engaged in trekking, rafting or other similar adventure sport to the working place and in case such
allowance have been provided no additional overtime shall be paid as provided in this Act.
(e) Provisions for First Aid: The Proprietor shall have to avail adequate supply of medicines and materials of first-aid while sending the
workers or employees engaged in trekking rafting or other adventures sport to the work-sites.

49. Applicability of other Provisions: The provisions of this Act and the Rules made hereunder shall also be applicable in respect of the Enterprises mentioned in
Sections 45, 46, 47 and 48, in addition to the provisions specified in this chapter.

CHAPTER – 8

CHAPTER – 8 Conduct and Punishments
50. Type of Punishment:

The Proprietor may punish any worker or employee performing misconduct with any of the following punishments.
(a) To reprimand,
(b) To withheld annual grade increments,
(c) To suspend, or
(d) To dismiss from service.
51. Misconduct: For the purpose of Section 50, the following conduct of the worker  or employee shall be deemed as misconduct:
(a) In case of any bodily harm or injury or fetters or detains to the  Proprietor, Manager or Employee of the Enterprise with or without use of arms or injury or causes any violence or destruction or assault within the Enterprise in connection with the labour dispute or on any other matter;
(b) In case creates or causes to create any stir within the Enterprise with an intention or affecting the production process or service works of  the Enterprise, or prevents the supply of food and water, or connection of telephone and electricity, or obstructs the entry into or movement within the Enterprise;
♣ (c) In case steals the property of enterprise;
(C1) If commits embezzlement in the transactions of the Enterprise,
(C2) If absents in the Enterprise more than a consecutive period of thirty days without notices.
(d) In case accepts or offers brides;
(e) In case imprisoned on being convicted on a criminal offence Involving moral turpitude.
(f) In case participates or compels any other person to participate in any authorized strike or in a strike which is declared illegal;
(g) In case strikes without fulfilling the legal requirements or intentionally slow down the work against interests of the Enterprise;
(h) In case intentionally destroys any property of the Enterprise, or causes damage thereon or takes and uses it outside the Enterprise or
gives its use to unauthorized person without permission of the competent person;
(i) In case intentionally violates intentionally the orders or directives issued under this Act or the Rules made hereunder frequently, 0r the Bylaws made by the Enterprise, or misbehaves with the customers of the Enterprise;
(j) In case remains absent from the work frequently without obtaining permission or comes late after the regular time;
♣ (k) If it is certified by a doctor that one has come to the duty after consuming or has consumed alcoholic substances during the working
time.
(l) In case performs any activity with a motive of causing damage to secrecy relating to special technology of the Enterprise, ? Production
Formula or;
(m) In case abuses any items which has been kept for the interest, Health and safety of the workers or employees or causes damage to
them intentionally;

52. Punishment:

(1) Any worker or employee, who commits any misconduct as mentioned in ♣ Clauses (i), (j) or (m) of Section 51 may be reprimanded.
(2) Any one who commits any misconduct as mentioned in ♣ Clause (C1), (f), (g) or (n) of Section 51, may be punished withholding the annual grade of
remuneration.
(3) Anyone who commits any misconduct mentioned in ♣ Clause (b), (d) or (k) of Section 51 may be suspended for up to three months.
(4) Anyone who commits any misconduct mentioned in ♣ Clauses (a), (c), (c2) (e) or (l) of Section 51 may be dismissed from service.
(5) Any workers or employee, who has been punished twice for any offence of misconduct according to Sub-section (1), (2) or (3) commits again the same offence,
may be dismissed from service.
? Provided that the punishment received under Sub-section (1) shall not be counted after the expiry of three years.
? (6) Nothing contained in this Section shall be deemed to have barred the Manager from imposing a punishment lesser than those prescribed under this
Section.
53. Procedures:
♣ (1) Before imposing punishments under Section 52 upon a permanent worker or employee, a notice of at least seven days with setting forth in
a obvious manner the fact of the misconduct and the punishment as may be imposed if such fact is proven, shall have to be given to such a worker or employee
to submit his/her clarification thereof. Provided that, after the expiry of two months from the date of such misbehavior, no action may be taken in this respect.
♣ (2) If the worker or employee does not submit his/her clarification within the time limit as referred to in Sub-section (1) or the clarification so submitted is not
satisfactory, he/she may be punished under Section 52 for the misconduct . Provided that, in making decision in respect of imposing such punishment, it
shall have to be made within two months from the date of seeking clarification.
(3) If the notice send to the concerned worker or employee is not accepted by him/her or, in case of his/her absence, if the notice is sent by post under registered
post at his/her address and a copy of such notice is kept in the public notice board of the Enterprise, and the service document is prepared on the witness of at lease three person and if a copy of such notice is also provided to the concerned Labour Office, the concerned worker or employee shall be deemed to have been duly provided of such notice.
54. Department of Labour may dismiss from service:

(1) The Department of Labour ♣ may impose any punishment pursuant to Section 52 to any worker or employee who causes violence illegally in any Enterprise, other than his/her Enterprises or in any government office, or if he/she directly or indirectly encourages others to do so.
(2) In case any worker or employee has ♣ to punish, the procedures as laid  down in Section 52 shall have to be followed.

55. Misconduct of Proprietor or Manager:

(1) If the Proprietor or Manager commits any of the following acts, it shall be deemed as misconduct:
(a) In case contravenes or disobeys this Act or the Rules made hereunder or any order or directive issued thereunder.
(b) In case the Enterprise is closed or the workers or employees are retrenched in contravention of this Act;
(c) In case a lock-out declared illegal is continued;
(d) In case any worker or employee is assaulted or manhandled; or
(e) In case performs any activity to incite or provoke the workers or employees in order to create dissension or enmity among the workers
or employees.
♣ (2) The concerned Labour Office may fine the Manager or proprietor, who conducts any misbehavior under Sub-section (1) above, upto ten thousand
rupees, may make available proper compensation if any damage or loss is caused to any worker or employee and may give an order to reinstate the worker or employee retrenched pursuant to Clause (b) of Sub-section (1) above.
(3) ? ……..
56. Punishment for Obstruction to Government Employee :

In case any person obstructs to any government employee engaged in any function under this Act, or refuses to submit any Register Book or any document required to be submitted to him/her, or fails to produce or presents to the examination of any worker or employee ordered to be produced or examined by him/her, the Labour Office may punish such person with a fine ♣ upto Five Thousand Rupees.

57. Other Penalties: Except those punishments as provided in other Sections of this Act, any person contravening any other matter mentioned in this Act or the Rules made hereunder or the written order or directives issued thereunder, the Department of Labour may punish, for each offence and according to the gravity of such offence, a fine from ♣ upto Ten Thousand Rupees, and if such offence is committed  (continued) again after it is proven, he/she may be punished with an additional One Hundred Rupees for each day, except those punishment as mentioned in other sections of this Act.

58. Quashing of Illegal Acts : Except as provided to the contrary in this Act or in the Rules made hereunder, if any activity contrary to this Act or the Rules made
hereunder has been performed such activity shall be quashed by the order of the Department of Labour.

59. Instituting of case and Limitation :

(1) Any case relating to the offence punishable under this Act may be instituted only on the complaint lodged by the  Labour Office or a person authorized by such office ? or by the aggrieved or the concerned person or the concerned Trade Union.
(2) Any case relating to the offenses punishable under this Act shall have to be instituted within three months thereof.

? ………………
(3) In case any particular authority of punishment has been specified under various Section of this Act in respect of trail of any offence committed under
this Act, the case relating to such offence shall be lodged before such authority and, excepting thereto, all other cases relating to other offence lodged before Labour
Court.

60. Appeal: Any party not satisfied with any punishment awarded under this Chapter may file an appeal within thirty five days from the date of such punishment or
receipt of order in the following manner –
(a) At the Court of Appeal against the orders of Government of Nepal or Department of Labour;
(b) At the Court of Appeal in respect of the case tried and decided in original jurisdiction by the Labour Court;
(c) At the concerned Labour Court in respect of the punishment or order given by the Proprietor or other office or Authority.

61. Realizations of Fines: Fines, Punishments awarded under this Act shall be realized in the manner as governmental dues under prevailing laws

CHAPTER – 9 

CHAPTER – 9 Committee, Officers and Other Provisions
62. Central Labour Advisory Board:

(1) Government of Nepal may constitute a Central Labour Advisory Board consisting of representatives from workers or employees, Proprietors and Government of Nepal to receive necessary opinion and  advice in relation to formulating policies and drafting of laws with regards to labour.
(2) The method of composition of Board pursuant to Sub-section (1) its powers, functions and duties shall be as prescribed.

(3) The Board may regulate the procedures of the meeting itself

63. Labour Relation Committee:

(1) The Proprietor shall have to constitute a Labour Relation Committee in each Enterprise in order to create amicable atmosphere between the workers or employees and the management and to develop healthy labour or industrial relation on the basis of mutual participation and co-ordination.
(2) The method of composition of the Committee pursuant to Sub-section (1), its powers, functions and duties shall be ad prescribed.
(3)The committee constituted as per Sub-section (1) may regulate its own procedures.

64. Appointment of Labour Officer: Government of Nepal by publishing a notice in the Nepal Gazette may appoint one or more Labour Officers, as per necessity or
designate any other officer to perform the functions of a Labour Officer for one region/sector.

65. Powers of Labour Officer :

(1) The Labour Officer shall have the following  powers –
(a) To enter into the premises of the Enterprise as per necessity;
(b) To examine the documents and registers of the Enterprise relating to  workers and employees;
(c) To function or advise as per necessity for improving labour relations;
(d) To attempt for solving disputes arising between workers or employees and the Proprietor;
(e) To implement welfare provisions, if it does not exit and where if exist, to supervise whether or not it is operated property;
(f) To supervise the implementation of minimum remuneration prescribed by Government of Nepal;
(g) To record statement, of anybody to fulfil the objectives of this Act, as per necessity;
(h) To Performs tasks of the Factory Inspector in his/her absence, except technical tasks; and

(i) To perform other tasks as per the directives of Government of Nepal and Department of Labour.
(2) Other powers, functions, and duties of the Labour Officer shall be as prescribed.

66. Appointment of Factory Inspector: Government of Nepal may, by a publishing a
notice in Nepal Gazette, appoint one or more Factory Inspector, as per necessity for
one region or may appoint one Chief Factory Inspector for whole of Nepal.

67. Powers of the Factory Inspector:

(1) The Factory Inspector shall have the following powers –
(a) To enter into the premises of the factory as per necessity;
(b) To examine building, land, plant, machine, health and safety features of the factory, to collect the samples of finished or semi-finished
materials used in the factory and to examine them or caused to be examined, to inspect the registers and document relating to the factory
and, if necessary, to record statements of any person, as per necessity;
(c) To examine the boilers and pressure vessels and to permit the  operations thereof;
(d) To provide necessary advice and assistance to the Proprietor on making arrangements of training of workers or employees;
(e) To exercise the powers, functions and duties to the Labour Officer during this absence; and
(f) To perform other tasks as per the directives of Government of Nepal and Department of Labour.
(2) Other powers, functions and duties of the Factory Inspector shall be as prescribed.

68. Welfare Officer:

(1) One welfare Officer shall have to be appointed in Enterprise where two hundred fifty or more workers or employees are engaged and one
additional Assistant Welfare Officer shall have to be appointed where there are more than one thousand workers or employee.

(2) In the enterprise where there are less than two hundred fifty workers or employees, the Proprietor may designate or appoint any officer of the Enterprise as
the Welfare Officer.
(3) Where the Welfare Officer and Assistant Welfare Officer are appointed pursuant to Sub-section (1) the Department of Labour shall be informed of such
appointment.
(4) The powers, functions and duties of the Welfare Officer and Assistant Welfare Officer appointed or designated, pursuant to Sub-section (1) of (2) shall be
as prescribed.

69. Notice to be provided of establishment of Enterprise: (1) If any Enterprise is to
be established or constructed or expanded in any building or land, the Proprietor
shall submit the particulars to that effect as prescribed, to the Labour Office.
(2) The concerned Labour Office may after examination of the particulars
received pursuant to Sub-section (1), if deemed necessary to make certain changes
on the particulars in view of health, safety and environment, direct the enterprise to
do so and it shall be the duty of the concerned Proprietor to follow such directive.

70. Information to be provided by Proprietor: (1)The Proprietor shall inform in
writing the concerned Labour Office including with the prescribed particulars,
fifteen days in advance where any new house or land has to be possessed or used by
an Enterprise.
(2) The Proprietor Manager shall inform the Labour office within seven
days, from the date of assuming his/her office for the first time.

71. Notices and Posters: The Labour Officer or Factory Inspector may issue directives
to the Proprietor or Manager of the Enterprise to display the notices and posters
relating to health, safety and welfare provisions of the workers as provided in this
Act or Rules made hereunder at places in an easily readable and understandable
manner

CHAPTER – 10

CHAPTER – 10 Settlement of Labour Dispute
72. Establishment of Labour Court:

(1) Government of Nepal shall, establish Labour Court by publishing a notice in Nepal Gazette. The Jurisdiction and the location of  such court shall be as prescribed in such notice.
(2) The Procedure of the Labour Court constituted under Sub-section (1) shall be as prescribed.
(3) Notwithstanding anything contained in Sub-section (1) and (2) until the constitution of the Labour Court, all functions to be performed by the Court of
Appeal.

72a Proceedings May Be Initiated in Contempt: The Labour Court may initiate proceedings against its contempt and, if it holds that contempt has been committed,
may punish the accused with a fine of upto Five Thousand Rupees or imprisonment of upto two months or both punishments.
Provided that, if the accused submits an apology to the satisfaction of the Court, the Court may either pardon him/her or, if a sentence is already imposed,
remit or commute the sentence or hold the execution of the sentence on condition fixed by the Court and may issue order not to execute the sentence if such condition is fulfilled.

73. Procedures Relating to Personal Claims or Complaints:

(1) If any one or more workers or employees have any personal claim or complaint against Proprietor  relating to the service, the concerned worker or employee may file it in writing with the concerned Proprietor.
(2) Upon receipt of the claim or complaint as per Sub-section (1), the Proprietor shall have to discuss on it  ♣ with the concerned worker or employee
within a fifteen days and settle the problem.
(3) If the Problem, could not be solved through the discussion held as per Sub-section (2), the worker or employee may file a petition at the concerned Labour
Office specifying clearly their claims.
(4) The Labour Office shall held a discussion between the Proprietor and the worker or employees and solve the dispute, within fifteen days of the receipt of a
claim pursuant to Sub-section (3).
(5) The Chief of concerned Labour Office shall have to dedide on the dispute within seven days in case the problem could not be solved as pre Sub-section (4).
(6) Any of the parties may, appeal to the Labour Court within thirty five days from the date of receipt of notice of the decision in case not being satisfied with the
decision made pursuant to Sub-section (5).

74. Procedures Relating to Submission of Claims of Collective Dispute:

(1) The claim relating to collective right, interest or privilege shall have to be presented in  writing to the concerned Proprietors signed by at least fifty one percent of the concerned workers or employees and in the claims their representatives shall have to be nominated and the claim shall be presented through such representatives.
(2) Upon receipt of the claim relating to the dispute as per Sub-section (1), the Proprietor shall hold bilateral discussion with the representatives as mentioned
in the same Sub-section and solve the dispute within twenty-one days and shall enter into an agreement.
(3) If the dispute could not be solved as per Sub-section (2), the dispute shall be solved within fifteen days by holding bilateral discussion in the presence of
Labour Office.
(4) If the dispute could not be solved through the bilateral discussion held as per Sub-section (3), the dispute may be referred to a mediator appointed, with
mutual consent of proprietor and the workers and employees, or if no such mediator could be appointed, with mutual consent of proprietor and the workers and
employees, or if no such mediator could be appointed, to a tripartite committee constituted, with consent of both parties, by Government of Nepal having equal
representation from the workers or employees, the Proprietor and the government.
(5) The mediator or the committee appointed as per Sub-section (4) shall decide the dispute within fifteen days.
(6) Any parties if not satisfied with the decision made pursuant to Subsection (5), may appeal to Government of Nepal within thirty five days from
the date of receipt of notice of the decision.
(7) If the mediator or the Committee does not make a decision within the time-limit as referred to in Sub-section (5) or, in case where an appeal is filed
before Government of Nepal pursuant to Sub-section (6), a decision thereon is not made by Government of Nepal within sixty days from the date of filing such appeal, the workers or employees may strike by following the procedures set forth in Section 76.

75. Prohibition to Claim: Notwithstanding anything mentioned here above, the following demand or claim shall not be allowed to submit –
(a) Which is contrary to the Constitution of Nepal;
(b) Which would affect other’s interest due to being based on untestified  or baseless allegation;
(c) Matter which is prejudicial to the personal conduct of any worker or employee;
(d) Matters unrelated to the Enterprise; and
(e) Where a period of two years has not elapsed since the date of last collective agreement.

76. Notice of Strike to be Provided: In case the demands are not solved through the process mentioned in Sub-section (3) of Section 73 the
♣ workers and employees wish to strike in the Enterprise, a notice in writing stating the claims and their  rationale, including with a resolution passed by at least sixty percent of the total workers and employees through secret ballot, shall have to be provided to the  concerned Proprietor thirty days in advance and an information thereof shall also be given to the Department of Labour, concerned Labour Office and the local administration and a strike may be started thereafter only.
77. Lock Out: (1) If a strike has been started or continued without giving prior notice  as mentioned in Section 75 or if the collective dispute is not solved through the
process mentioned in Sub-section (3) of Section 73, the Proprietor may declare a lock-out of the Enterprise after submitting the justifications with its rationale and
obtaining the approval of Government of Nepal.
(2) Before declaring a lock-out as per Sub-section (1), the Proprietor shall issue a notice for the information ♣ of workers and employees seven days in advance
specifying the date of effecting the lock-out and announcing that the Enterprise shall be locked-out if the strike is not called off.
(3) If there is a situation with possibility of damage to the Enterprise through riot, violence, destruction, etc ♣ from the workers and employees during the strike
the Proprietor may cause lock-out even without following the process of Sub- section (1) and (2). If a lockout is made in the Enterprise in such situation, the
Labour office and the Department of Labour shall be informed about the lock-out  with reasons within three days.
(4) Government of Nepal may at any time declare the lock-out of an enterprise as void, in case it appears irrational or it is likely to cause a breach in law and order
conditions of the country or it is contrary to the economic interests of country.

78. Prohibition to Strike:

(1) Notwithstanding anything mentioned hereinabove in this Act, if any existing law has prohibited the strike to be done by workers or  employees the workers or employees of such Enterprise shall not be entitled to go  on strike.
(2) Any employee appointed or deputed on the duty of control, security and guard of any Enterprise shall also not be entitled to go in a strike.
(3) The employees prohibited to strike as per Sub-section (1) and (2) may submit their genuine demands to the Proprietor. If such demands are not fulfilled
and a dispute has been created Government of Nepal shall constitute a tribunal for solving it. The decision of the Tribunal shall be final and binding upon both of the
parties.
(4) No strike or lock-out may be done during the proceeding under Section 73.

79. Legal Validity of Collective Agreement:

(1) Any agreement entered into between the workers or employees and the Proprietor in respect solving the dispute shall be deemed to be of status equal to law upon the concerned parties and such agreement shall have to be registered in the Labour Office.
(2) An agreement registered as per Sub-section (1) shall come to force from the date of mentioned in the agreement, if such date is mentioned therein, and if no
such date is mentioned in the Agreement, it shall come into force from the date in which it is registered in Labour Office. No demand in relation to the provisions
mentioned in such agreement shall be permitted to put again for two years from the date of its commencement.
79A. Implementation of Collective Agreement :
(1) In case the collective agreement entered into pursuant to this Act is not implemented, the concerned party may lodge a complaint in the Labour Office.
(2) If any complaint is lodged under Sub-section (1) above, the Labour Office may implement the collective agreement by following, as required the
procedures set-forth in Sub-section (5) of Section 25 as well.

80. Order may be issued to End the Strike: If any strike announced to be commenced or already commenced as per this Act or the Rules made hereunder has created an extraordinary situation, which is likely to cause a breach in the law and order  situation of the country or would be contrary to the economic interest of the
country, Government of Nepal may issue an order at any time to end such strike or any strike commenced in the essential services prescribed by the prevailing law.
81. Termination of Lock-out Period: Where any Enterprise has been locked-out, if the workers or employees are present for work or here the Proprietor has declared
the ending of lock-out or where Government of Nepal has declared such lock-out as illegal as per Section 76 or has order to end the strike under Section 79, such lock- out shall be deemed to have been ended from the date of the declaration making it illegal or from the date so ordered.

82. Remuneration for the Period of Lock-out: The remuneration for the period of lock-out declared illegal shall have to be paid to the workers or employees.

83. Special Provisions for Settlement of Dispute:

(1) If Government of Nepal deems that a dispute between workers or employers and the Proprietor has arisen or there is possibility of arising, Government of Nepal may constitute a committee of one of more persons, or tripartite committee consisting of representatives of the Proprietor,  the workers or employees and Government of Nepal in order to resolve the dispute. Such committee may regulate its own procedures.
(2) The decision of Government of Nepal made on the report of the committee constituted pursuant to Sub-section (1) shall be final and binding to both
of the parties.
(3) The committee constituted pursuant to Sub-section (1) shall have the powers of examining the evidence and witnesses, of requiring the presence of
witnesses and requiring the production of documents as per prevailing laws similar to a court, in relation to the dispute.

CHAPTER – 11 

CHAPTER – 11 Miscellaneous
84. Special Powers of Government of Nepal:
♣ (1) Notwithstanding anything contained elsewhere in this Act, Government of Nepal may, in consultations with the Central Labour Advisory Board and by publishing a notification to that effect in the Nepal gazette, grant exemption from application of any matter provided for in  this Act in respect of any Enterprise.
(2) Government of Nepal may, by publication of a notice in the Nepal  Gazette, fix the minimum remuneration and certain facilities prescribed in this
Act in relation to the Enterprises where less than ten workers or employees are working.

84A.Special provisions respect of the Workers and Employees Engaged Outside the Enterprises:

(1) The person or institution, who engages the workers and employees of outside the Enterprises at work, must pay the remuneration for the day engaged
at work in accordance with the agreement if such agreement in writing has been concluded between the two parties and within seven days if there is no such
agreement.
(2) If any person or institution does not make payment of remuneration to any worker or employee or a delay is caused in such payment, the worker or
employee who is aggrieved by such act may file a complaint before the Labour Office, in the districts where Labour Offices are located, and before the Chief
District Officer, in the districts where Labour Offices are not located, in order to get the remuneration to be received by him/her.
(3) If any complaint is filed under Sub-section (2) above, the concerned Labour Office or Chief District Officer shall have to require such person or
institution who has not paid the remuneration to be present at Office within fifteen days except the time period required for journey and shall have to recover and make available the remuneration to be received by such worker or employee by followingthe procedures as set-forth in Sub-section (5) of Section 25

85. Powers to Remove Obstacles:

In case any difficulty arises while executing this Act Government of Nepal by publishing an order in Nepal Gazette may remove
such difficulties.

86. Powers to Frame Rules:

(1) Government of Nepal may frame Rules to implementthe objectives of this act.
(2) Without prejudice to the generality of the powers conferred by Subsection (1), such rules particularly, may provide for any of the following
matters –
(a) Matters relating to the safety of the workers;
(b) Conducting of operation of employment service;
(c) Condition relating to overtime works;
(d) Conducting of operation of training in order to enhance the efficiency of workers and employees;
(e) Procedures relating to Labour Court;
(f) Compensation to be paid to workers and employees;
(g) Compilation of statistics of workers and employees;
(h) Compilation of information to labour market.

87. Bylaws to be availed: Each Enterprise shall have to send to the concerned Labour Office a copy of Bylaws framed by its in respect of conditions of service of its
workers and employees.

88. Provisions Relating to Enterprise owned by Government of Nepal: With respect to the terms and conditions of service of the employees of the Enterprises owned
wholly or partly by Government of Nepal, the provisions of the Rules or Bylaws relating to the terms and conditions of services of the concerned Enterprises shall apply and in respect of the workers thereof, the provisions of this Act shall apply.

89. Directive of Government of Nepal:

(1) Government of Nepal may issue necessary directives to the Proprietor for implementing the objectives of this Act.
♣ (2) Government of Nepal may impose a fine of upto twenty thousand rupees in each time on the Manager who does not comply with the directions
issued under Sub-section (1) above.

90. Delegation of Authority: Government of Nepal may delegate the powers conferred to it by this Act to any Officer by publishing a notice in the Nepal Gazette.

91. Prevalence of this Act:

This Act shall apply on matters mentioned herein and in other the prevailing laws shall apply.

92. Repeal and Saving:

(1)The Factory and Factory Workers Act, 2016 (1959) is, hereby, repealed.
(2) All acts and proceedings performed or executed under The Factory and Factory Workers Act, 2016 shall be deemed to have been performed or
executed under this Act.
Note:
The following word has been changed by first Amendment- ”Remuneration” instead of ”salary”

Local Bodies (Election Procedure) Act, 2048 (1992)

Local Bodies (Election Procedure) Act, 2048 (1992)
Date of Authentication and Publication
2048.12.26(8 April 1992)
Amendments :
1. Election and Local Bodies Related Some Nepal Acts Amendment Act, 2053(1996)                                                                              2053.8.12(27 Nov. 1996)
2. Local Election Related Some Nepal Acts Amendment Act, 2054(1997)                                                                                              2054.5.6 (22 Aug.1997)
3. Local Bodies and Election Related Some Nepal Acts Amendment Act, 2055(1998                                                                          2055.5.10 (26 Aug. 1998)
4. Some Nepal Acts Provisions Reviving Act, 2063(2006)                                                                                                                     2063.4.23 (20 July 2006)
5. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010)                                                                   2066.10.7 (21 Jan. 2010)
Act Number 38 of the year 2048 (1992)
An Act Made to Provide for Election to Local Bodies
Preamble : Whereas, it is expedient to make provisions on election to Members of Village, Municipal and District Local Bodies; Now, therefore, be it enacted by Parliament in the Twenty-first year of the reign of His Majesty King Birendra Bir Bikram Shah Dev.

Chapter-1

Chapter-1

Preliminary

1. Short title and commencement : (1) This Act may be called as the “Local Bodies (Election Procedures) Act, 2048 (1992).”
(2) This Act shall come into force immediately.

2. Definitions : Unless the subject or the context otherwise requires, in this Act,-
(a) “Commission” means the Election Commission constituted pursuant to the 2 Interim Constitution of Nepal, 2063(2007).
(b) “Local Bodies” means the Village Development Committees, Municipalities or District Development Committees.
(c) “Election” means the election to the Local Bodies, and this term also includes a by-election.
(d) “Member” means the Chairperson, Vice-Chairperson and Member of a Village Development Committee, Mayor, Deputy Mayor and Member of a Municipality, and President, Vice-President and Member of a District Development Committee, and this term also includes the Ward Member of a Village Development Committee and Municipality.
(e) “Election Officer” means the Election Officer as referred to in Section
(f) “Polling Officer” means the Polling Officer as referred to in Section 7 and this term also includes the Assistant Polling Officer.
(g)  “Voter” means the following person for the following post:
(1) A voter as per the Act Relating to Electoral Rolls, 2063(…) for the Chairperson, Vice-Chairperson 6 or Ward Chairperson and Ward Member of each Village Development Committee or for Mayor, Deputy Mayor 7 or Ward Chairperson and Ward Member of each Municipality.
(2) For the election to the office of Member of any Area of each District Development Committee, 8 the elected Members of the Village Councils and Municipal Councils within that Area.
(3) For the election to the President and Vice-President of each District Development Committee,  the elected Members of all the Village Councils and Municipal Councils within the concerned District.
(h) “Candidate” means the candidate as referred to in Section 18.
(i) “Prescribed” or “as prescribed” means prescribed or as prescribed in this Act and the Rules framed under this Act or in the order issued by the Commission by a Notification in the Nepal Gazette.

Chapter– 2

Chapter– 2

10 ……..Election Officer and Polling Officer

3. 11 ……………

4. Appointment of Election Officer :

(1) The Commission shall appoint an Election Officer in each District for election.

(2) The Election Officer may engage or depute the employees of the Government of Nepal or of autonomous organizations owned by the Government of Nepal in the act of election.
(3) The Election Officer may delegate any or all of the powers conferred to him or her for the purposes of election to the employees engaged or deputed in the act of election.

5. Appointment of Assistant Election Officer : The Election Officer may, as required, appoint Assistant Election Officers for the purposes of the act of election.

6. Functions and duties of Election Officer :

(1) The Election Officer shall freely and impartially carry out, or cause to be carried out, all the functions relating to holding election in the District assigned to him or her, subject to the directions given by the Commission.
(2)The Election Officer shall, in discharging the functions as referred to in Sub-Section (1), supervise, control, direct and coordinate all functions relating to the election to the Local Bodies within the District assigned to him or her, subject to the directions given by the Commission.

7. Appointment of Polling Officer and Assistant Polling Officer : The Election Officer may appoint as Polling Officers and Assistant Polling Officers the employees of the Government of Nepal or of autonomous organizations owned by the Government of Nepal, for the election to the Local Bodies within the District assigned to him or her.

8. Functions and Duties of Polling Officers and Assistant Polling Officers :

(1) The Polling Officer shall fairly, freely and impartially carry out and cause to be carried out all of the functions relating to the polling to be held as specified by this Act and the Rules or orders framed under this Act, at the polling station assigned to him or her.

(2) The Assistant Polling Officer shall, under the direct control and direction of the Polling Officer, complete all of the functions relating to the polling freely and impartially

Chapter-3

Chapter-3

Electoral Rolls

9. 12 ……………
10. 13 ……………
11. Electoral rolls :

(1) The Election Commission shall, under its supervision, control and direction, cause to be prepared the electoral rolls for the election to the President, Vice-President and Area Members of the District Development Committees.
(2) 14 …………
(3) 15 …………
(4) The Election Officer shall publish the electoral rolls as per the schedule provided by the Commission.
(5) The Election Officer shall, as per the direction given by the Commission, give a time-limit of at least Five days for making a claim and registering his or her name by a person whose name registration is omitted from the electoral rolls published pursuant to Sub-section (4) or for correcting the name, age, residence or any other description of a registered voter or for making a complaint for the removal of the name of any person who should not have been registered.

(6) The procedures for making a claim for registering name in the electoral rolls or for correcting the name, age, residence or any other description of any registered voter or for making a complaint for the removal of the name of any person who should not have been registered, pursuant to Sub-section (5), shall be as prescribed by the Commission.
(7) If a complaint of claim and objection is made pursuant to Sub- section (6), the Election Officer shall make necessary inquiry into the matter and make necessary alteration in the electoral rolls if so required. The electoral rolls so altered shall be final.
(8) The Election Officer shall, as per the direction given by the Commission, publish the final electoral rolls as referred to in Sub-Section (7)

Chapter-4

Chapter-4

Election Program

12. Election :

(1) The election to the Members of Local Bodies shall be held in the year in which the tenure specified by the laws in force expires.  The Commission may hold the election to Local Bodies in Two or Three phases throughout 17 ………Nepal. Provided that, in so holding election, the election to the Local Bodies of one Development Region shall be held at the same time. Notwithstanding anything contained in Sub-section (2), the Commission may, taking into consideration the geographical situation, natural calamity and peace and security situation as well, hold the election to one or more than one Local Body or to any post of any Local Body even within one Development Region at the same or different dates. The election so held by the Commission at the same or different dates shall be deemed to have been held at the same time. 20
(3) If the office of any elected Member of the Local Body falls vacant prior to the expiration of his or her tenure, the Commission shall hold a by- election for the remainder of tenure. Provided that, no by-election shall be held where the tenure is less than Six months.
13. Act of election :

(1) The Government of Nepal shall publish a notice setting out the name of a District where the election to all the Local Bodies in that District is to be held or the name of a District and Body and post where the election to any post of the Local Body of that District is to be held, and give information thereof to the Commission.
(2) Upon receipt of the information as referred to in Sub-section (1), the Commission shall complete the act of election as promptly as possible.

14. Notification of Election Program :

(1) The Election Officer shall, in accordance with the direction given by the Commission, publish a Notification of the election to the Local Bodies, specifying the date, time and place for the registration of nomination papers of candidates, publication of the list of candidates whose nomination papers have been registered, the filing of petitions against candidates, scrutiny of nomination papers, publication of the name list of candidates nominated, withdrawal of candidature, publication of the final list of candidates and allotment of election symbols to the candidates, and for polling.
(2) Such period as specified by the Commission shall be given for the election program as referred to in Sub-section (1).
(3) The period between the day of publication of the final list of candidates and the day of polling shall be as specified by the Commission.
(4)Time of no less than Seven days shall be given for canvassing election to the Local Bodies

Chapter-4

Election Program

12. Election :

(1) The election to the Members of Local Bodies shall be held in the year in which the tenure specified by the laws in force expires.  The Commission may hold the election to Local Bodies in Two or Three phases throughout 17 ………Nepal. Provided that, in so holding election, the election to the Local Bodies of one Development Region shall be held at the same time. Notwithstanding anything contained in Sub-section (2), the Commission may, taking into consideration the geographical situation, natural calamity and peace and security situation as well, hold the election to one or more than one Local Body or to any post of any Local Body even within one Development Region at the same or different dates. The election so held by the Commission at the same or different dates shall be deemed to have been held at the same time. 20
(3) If the office of any elected Member of the Local Body falls vacant prior to the expiration of his or her tenure, the Commission shall hold a by- election for the remainder of tenure. Provided that, no by-election shall be held where the tenure is less than Six months.
13. Act of election :

(1) The Government of Nepal shall publish a notice setting out the name of a District where the election to all the Local Bodies in that District is to be held or the name of a District and Body and post where the election to any post of the Local Body of that District is to be held, and give information thereof to the Commission.
(2) Upon receipt of the information as referred to in Sub-section (1), the Commission shall complete the act of election as promptly as possible.

14. Notification of Election Program :

(1) The Election Officer shall, in accordance with the direction given by the Commission, publish a Notification of the election to the Local Bodies, specifying the date, time and place for the registration of nomination papers of candidates, publication of the list of candidates whose nomination papers have been registered, the filing of petitions against candidates, scrutiny of nomination papers, publication of the name list of candidates nominated, withdrawal of candidature, publication of the final list of candidates and allotment of election symbols to the candidates, and for polling.
(2) Such period as specified by the Commission shall be given for the election program as referred to in Sub-section (1).
(3) The period between the day of publication of the final list of candidates and the day of polling shall be as specified by the Commission.
(4)Time of no less than Seven days shall be given for canvassing election to the Local Bodies

Chapter – 5

Chapter – 5

Candidates and Nomination

15. Candidate :

(1) The following person whose name is registered in the Electoral Rolls and who is qualified to vote in the election to the Local Bodies may be a candidate for the election to the following Local Body:
(a) One who has completed 22 the age of Twenty One years and whose name is registered in the Electoral Rolls of that Ward, for the election
to the Ward Chairperson and Ward Member of a Village Development Committee or Municipality,
(b) One who has completed the 23 age of Twenty One years and whose name is registered in the Electoral Rolls of the area of that Village Development Committee or Municipality, for the election to the Chairperson or Vice-Chairperson of the Village Development Committee and Mayor or Deputy Mayor of the Municipality,
(c) One who has completed the age of Twenty One years and who is an elected Member of a Village Council or Municipal Council within the
Area of the District Development Committee, for election to the Area Member of that Area of that District Development Committee,
(d) One who has completed the age of Twenty One years and who is an elected Member of a Village Council or Municipal Council within a District Development Committee, for election to the President or Vice-President of that District Development Committee.
16. Disqualification of candidate :

(1) Any of the following persons shall be disqualified to become a candidate in the election:
(a) One who is not qualified pursuant to Section 15,
(b) One who is not a citizen of Nepal,
(c) One who is of unsound mind or insane,
(d) One who has been insolvent,
(e) One who is an incumbent employee of the Government of Nepal or an autonomous organization owned or controlled by the Government of Nepal or an
organization receiving grants from the Government of Nepal,
(f) One who is an incumbent employee of any Local Body,
(g) One who has not completed Six years after serving the sentence of imprisonment awarded by an Election Special Court that has been formed pursuant to the laws
in force, on an offence relating to election,
(h) One who has been convicted of a criminal offence involving moral turpitude and been sentenced to imprisonment for Two years or more and has not completed Six years after serving that sentence, Provided that, this Clause shall not apply to the first election to be held after the commencement of this Act.
(i) One who is not disqualified by the laws in force. (2)For the purposes of Clause (h) of Sub-section (1), a person who has been sentenced on a state affairs related case or whose sentence is pardoned on the political basis and name is mentioned in a notice published in the Nepal Gazette shall not be deemed disqualified pursuant to that Clause.

17. Computation of age of candidate : While computing the age of a candidate to become a candidate for the election, he or she must have reached

26 Twenty One years of age by the date of attaining the age for polling pursuant to the 27 Act Relating to Electoral Rolls, 2063.

18. Nomination of a candidate :

(1) A voter may nominate a person who is qualified to be a candidate for the election to the Local Bodies pursuant to this Act, by proposing the name of that person, as specified by the Commission.
(2) A person who is nominated pursuant to Sub-section (1) has to be seconded by one other voter, as specified by the Commission.
(3) In the case of a candidate set up by a political party or organization 28 that has been registered with the Election Commission and is represented in the Constituent Assembly, the nomination paper has to be accompanied by a formal letter provided by that party or organization to that candidate. The format and procedures of such a formal letter shall be as prescribed by the Commission.
(4) Any person who is proposed as a candidate shall have to set down his or her consent in the nomination paper and sign it, and his or her proposer and seconder shall also have to sign the nomination paper.
(5) Any person may be nominated by Two nomination papers in maximum for the election to any One post.
(6) A candidate himself or herself or his or her agent or proposer shall have to deliver the nomination paper of the candidate to the Election Officer.
(7) The Election Officer shall scrutinize as to whether the nomination paper delivered pursuant to Sub-section (6) fulfils the requirements, and if it is found to be due, file the nomination paper and provide a receipt thereof to the candidate or his or her agent or proposer. The receipt shall also indicate the place, date and time for the scrutiny of the nomination papers and also give notice to them to be present at that time.
(8) If any one tenders a nomination paper that does not fulfill the requirements, the Election Officer shall have to file the nomination paper after getting corrected the matter not incompliance with the formalities. Provided that, if any one wishes to get the nomination paper filed without correcting such matter not incompliance with the formalities as required to be corrected, the same matter has to be mentioned in the nomination paper and a notice thereof has to be given to the person delivering the nomination paper.

19. Publication of list of candidates whose nomination papers have been filed : After the expiry of the time for filing the nomination papers, the Election Officer shall publish a list of candidates whose nomination papers have been filed on the date, at the time and place as specified in the notification of the election program.

20. Objection may be made : Any candidate or his or her agent intending to make an objection to the qualification of any other candidate mentioned in the list as referred to in Section 19 may make an objection before the Election Officer on the date, at the time and place specified in the notification of the election program.

21. Scrutiny of nomination paper :

(1) The Election Officer shall scrutinize the nomination papers on the date, at the time and place as specified in the notification of the election program, in the presence of the proposers, seconders or candidates themselves or attorneys authorized by them respectively.
(2) The Election Officer shall scrutinize the nomination papers of all candidates in presence of the persons as referred to in Sub-section (1). Provided that, this Sub-section shall not be deemed to bar the scrutinizing of the nomination papers in the pre specified time and making decision thereon according to the law even if any proposer, seconder or candidate or his or her attorney required to be so present is not present on the date, at the time and place as specified in the election program.
(3) While scrutinizing the nomination papers of the candidates, the Election Officer shall also have to make decision by holding necessary inquiries into objection, if any, made against any candidate pursuant to Section 20. Provided that, a nomination paper shall not be invalidated only by virtue of minor error and omission contained in the nomination paper. Explanation : For the purposes of this Sub-section, “minor error and omission” means any technical error or error of letters, numbers or vowel signs relating to the writing or printing of name, surname, address or serial number of a candidate, proposer or the person related with them contained in the Electoral Rolls or nomination paper, which does not cause any substantial difference.
(4) The Election Officer shall not postpone the proceedings on scrutiny of the nomination papers, except in any of the following circumstances:
(a) If any mobbing or violence erupts in the place and at the time of scrutiny of nomination papers.
(b) If there occurs any situation beyond control owing to natural calamity.
(5) If the proceedings on the scrutiny of the nomination papers are postponed under Sub-section (4), the Election Officer shall specify the time and place for the scrutiny of nomination papers and scrutinize them on the following day.

22. Invalidity of nomination paper : A nomination paper shall be invalid in the following circumstance:
(a) If the candidate does not possess the qualifications as referred to in this Act and the laws in force,
(b) If there does not exist the consent of the candidate or the nomination paper does not bear his or her signature,
(c) If the nomination paper does not bear the signature of the proposer and the seconder, and
(c) If the deposit is not furnished.

23. Name list of candidates :

(1) After the nomination papers have been scrutinized, the Election Officer shall have to prepare a name list of the candidates as referred to in the nomination papers meeting the requirements as per the law.

(2) The Election Officer shall forthwith publish a copy of the name list of candidates as referred to in Sub-section (1) at his or her office.  Withdrawal of names :

(1) If, after the publication of the name-list of candidates pursuant to Section 23, any candidate wishes to withdraw his or her name in order to get his or her name removed from the list of candidates, such a candidate may withdraw his or her name by giving a notice in writing to the Election Officer within the time specified in the election program.
(2) The notice of withdrawing name pursuant to Sub-section (1) shall have to be submitted by the candidate himself or herself or his or her attorney to the Election Officer
(3) After the notice of withdrawing name pursuant to Sub-section (1) has been submitted to the Election Officer, the notice shall not be allowed to be cancelled or withdrawn.
(4) The Election Officer shall, if he or she is satisfied with the genuineness of the notice submitted pursuant to Sub-section (1), remove the name of the candidate withdrawing his or her name from the name list of candidates, and immediately publish a notice of such name removal at his or her office.

25. Final name list of candidates :

(1) After the expiry of the time specified for the withdrawal of names by the candidates pursuant to Section 24, the Election Officer shall have to prepare a final name list of the remaining candidates.
(2) The Election Officer shall immediately publish a copy of the name list as referred to in Sub-section (1) at his or her office.

26. Unopposed election :

(1) If a nomination paper is filed by only one person in the election to any Member of the Local Body and the nomination paper is found to meet the requirements or if Two or more nomination papers have been filed but there remains only one candidate because of the name being withdrawn by the other candidates or the other nomination papers being void, the Election Officer shall declare that the candidate has been elected unopposed.
(2) Polling shall be taken if two or more candidates remain in existence for the election to any Member of the Local Body.

27. Allotment of election symbols :

(1) If polling is to be taken pursuant to Sub-section (2) of Section 26, the Election Officer shall allot one election symbol to each candidate as his indicative sign.
(2) The Election Officer shall allot the election symbol provided by the Commission to a political party or organization that is registered with the Election Commission and represented in the Constituent Assembly to the candidate fielded by that political party or organization.
(3) The Election Officer shall allot, in such a manner as may be prescribed by the Commission, an election symbol specified to be used by an independent candidate, out of the group of election symbols set aside for the use of independent candidates, in the case of the candidates other than those set forth in Sub-section (2).

28. Death of candidate :

(1) If, after publication of the name list of candidates pursuant to Section 23 or the final name list of candidates pursuant to Section 225, any candidate included in that list dies and a written notice of such death is received from the deceased candidate’s election agent or any other person and the Election Officer is satisfied with that matter, the Election Officer shall have to immediately postpone the polling to be held for the election to the Member of the Local Body in which the deceased is a candidate and give information thereof to the Commission as promptly as possible. The Election Officer shall also have to affix at his or her office a notice of such postponement of the polling for information of other candidates, as well.
(2) The Election Officer shall have to republish the election program as referred to in Section 14 for the election for which polling has been postponed pursuant to Sub-section (1).
(3) A candidate whose name is mentioned in the final name list of candidates published pursuant to Section 23 or 25 shall not be required to re- file a nomination paper. Provided that, one who has withdrawn name may file a nomination letter to become a candidate.

29. Polling not to be postponed : Notwithstanding anything contained in Section 28, in the case of death of a person who is an independent candidate, the polling to be held for the election in which he or she is a candidate shall not be postponed.

30. Identity card of candidate : The Election Officer shall provide the identity cards, as prescribed by the Commission, to the candidates remained on the final name list pursuant to Section 25

Chapter – 6

Chapter – 6

Polling Station, Ballot Paper and Ballot Box

31. Polling station :

(1) The Election Officer shall, while specifying polling stations and sub-polling stations for the election to the Local Bodies, as per the direction of the Commission, so specify the polling stations and sub- stations that they are convenient to the voters on foot, to the extent possible, and publish a list thereof in the manner as prescribed by the Commission.

(2) The polling officers shall specify the premises of the polling stations or sub-polling stations in a manner that there is no crowd at the polling stations or sub-polling stations. The entry of any person other thanthose authorized by law into such premises shall be prohibited.
(3) The polling officer shall prohibit the consumption, sale and distribution of liquors for a specific period of time, in the vicinity of the polling station or sub-stations, taking into consideration of the practicality.

32. Ballot paper :

(1) There shall be such ballot papers for the election to the Local Bodies as specified by the Commission.
(2) The ballot paper that contains the election symbols as specified by the Commission shall contain one election symbol for each candidate.
(3) The polling officers shall, in accordance with the requirements as specified by the Commission, give ballot papers to the voters present at the polling stations for voting.

33. Ballot box :

(1) There shall be such ballot boxes for the polling as specified by the Commission.
(2) The ballot boxes to be used for polling at the polling stations shall be closed by fulfilling the requirements as specified by the Commission.

Chapter – 7

Chapter – 7

Polling

34. Polling : Only a voter, whose name is registered in the Electoral Rolls, shall be entitled to vote in the election to the Local Bodies.

35. Time for polling :

(1) The period of polling on the polling date shall be as specified by the Commission.

(2) The time for polling shall be as specified in the Notification as referred to in Section 14.

36. Manner of polling :

(1) A voter has to cast vote at the polling station by fulfilling such requirements as specified by the Commission.
(2) The voter shall vote by marking such seal or sign in the ballot paper as referred to in Section 32 as specified by the Commission.
(3) In casting vote, a voter has to vote by secretly marking the seal or sign as referred to in Sub-section (2) in the ballot paper’s box containing the election symbol of any one candidate whom he or she chooses.
(4) No one other than a voter shall cast vote in the name of the voter whose name is registered in the Electoral Rolls.
(5) No voter shall vote at the election to any one post in more than one place.
(6) No voter shall vote more than once in the election to any one post.
(7) If any voter who is not entitled to vote pursuant to Sub-sections
(4), (5) and (6) shows up to receive a ballot paper at a polling station, the Polling Officer may refuse to give a ballot paper to such a voter.

37. Objection to impersonation of a voter :

(1) If any person falsely impersonating any other voter presents himself or herself to receive a ballot paper to vote, a candidate or his or her election agent or polling agent may register an objection with the Polling Officer, along with a deposit of such sum as may be prescribed by the Commission.
(2) If an objection is made pursuant to Sub-section (1), the Polling Officer shall make a summary investigation and decide immediately and shall forthwith record the objection so made and the decision thereof in a minute’s book.
(3) If the objection as referred to in Sub-section (1) is held to be correct, the Polling Officer shall immediately return the sum of the deposit to the person making objection. If the objection is not held to be correct, the sum of the deposit shall be forfeited. The Polling Officer may punish a person who shows up to vote by impersonating with a fine of up to Fifty Rupees.

38. Disabled voter : If any voter being unable to vote by him or herself requests the Polling Officer to mark his or her vote in the box containing the symbol of the candidate of his or her choice on the ballot paper, the Polling Officer may assist the voter in marking the vote according to the will of that voter.

39. Admission to polling station :

(1) The Polling Officer shall not allow other persons except the following persons to enter into the polling station:
(a) Voters, Provided that, the Polling Officer shall not allow a person who is carrying any kind of arms or has consumed liquors into the polling station despite that he or she is a voter.
(b) A candidate or one of his or her election agent or polling agent,
(c) Persons permitted by the Commission, Election Officer or Polling Officer, and
(d) A baby accompanying a woman voter.
(2) If any voter being unable to vote by himself or herself requests for permission to be accompanied by any person whom he or she trusts and the Polling Officer may allow such a person accompanied by the voter to enter into the polling station or the voting compartment.

40. Prohibition on entry into polling station : No voter shall be entitled to enter into the polling station after the expiry of the time specified for polling.

41. Inspection : If a voter stays in the secret voting compartment for more than reasonable time or the Polling Officer has any suspicion, he or she may enter into the secret voting compartment and inspect there.

42. In case of damage or destroy of ballot box :

(1) Where any ballot box used for polling at a polling station is lost accidentally or knowingly destroyed, the Polling Officer shall have to give a report thereof to the
Election Officer of the District where the polling station is located immediately.
(2) Where any ballot box used for polling and already handed over to the Election Officer is snatched in any way or lost accidentally or is knowingly destroyed or a report as referred to in Sub-section (1) is received, the Election Officer shall immediately cancel the polling of the polling station and immediately give a report thereof to the Commission.
(3) The Election Officer shall specify the date and time for re-polling at the polling station where the polling has been cancelled pursuant to Sub- section (2) and publish a notice thereof at the polling station.

43. Power to postpone polling in special circumstances :

(1) The Polling Officer appointed to a polling station may postpone the polling at that polling station in the following circumstance:
(a) Where violent riot or commotion erupts at the polling station,
(b) Where a natural calamity arises, or
(c) Where there arises a situation that is beyond control of the Polling Officer.

(2) Where the Polling Officer postpones the polling pursuant to Sub- section (1), a notice thereof has to be immediately published at that polling station.
(3) The Polling Officer shall forthwith give a notice of postponement of polling pursuant to Sub-section (1) to the Election Officer.
(4) The Election Officer shall specify the date and time for re-polling at the polling station where polling was postponed pursuant to Sub-section
(1), publish a notice thereof at that polling station, as well, and conduct such re-polling.

44. Unauthorized seizure of polling station : (1) A polling station shall be considered seized in an unauthorized manner, in the following circumstance:
(a) If any one, by using force or coercion, or showing
intimidation or giving threat, takes control over the polling station, sub-station or the voting compartment (or place fixed for voting) and affects the polling or
allows only the voters supporting any candidate to vote or prevents other voters from voting,
(b) If any one, with or without using force, shows threat or fear to the voters to or not to vote for any candidate or prevents the voters from going to or entering into the polling station, sub-station or the voting compartment (or place fixed for voting) for polling, or
(c) If any one, with or without using force, prevents the Polling Officer or employees involved in the act of polling from discharging their duty, or snatches the
ballot papers, ballot boxes, or other election materials in their custody or so affects that the polling cannot be held in an impartial and free manner by doing similar other acts.
(2) Where a polling station is seized in an unauthorized manner due to any event as referred to in Clauses (a), (b) and (c) of Sub-section (1), the Polling Officer shall immediately postpone the polling and give a report thereof to the Election Officer, and the Election Officer shall also give such report to the Commission immediately.
(3) On receipt of the report as referred to in sub-section (2), the Commission may itself or the Election Officer may, when so directed by the Commission, inquire into the event as referred to in Sub-section (1); and based on the report of that inquiry, the Commission or the Election Officer may, as per the direction of the Commission, cancel the polling of that polling station.
(4) The Election Officer shall specify the date and time for conducting re-polling at the polling station where polling has been so canceled, and publish a notice thereof at that polling station, as well, and conduct such re- polling.

45. To close ballot boxes : After the expiration of the time for polling, the Polling Officer shall close the ballot boxes containing the ballot papers, by fulfilling the requirements as specified by the Commission.

46. To hand over ballot boxes to Election Officer : The Polling Officer shall safely hand over the ballot boxes used for polling to the Election Officer.

Chapter-8

Chapter-8

Counting of Votes and Election Results

47. Notice of counting of votes :

(1) After receiving all the ballot boxes used for polling at all the polling stations specified for election to any post of the Local Bodies, the Election Officer shall publish a notice specifying the place, date and time for counting of votes for information of the candidates.
(2) While publishing a notice as referred to in Sub-section (1), the notice shall also specify that the candidates shall send their respective election agents or vote counting agents to the place for counting.

48. Counting of votes :

(1) The Election Officer shall, as per the direction of the Commission, commence the act of counting of votes at the place, date and time as referred to Sub-section (1) of Section 47.
(2) If a candidate intends to appoint his or her election agent or vote counting agent at the place for counting of votes as referred to in Sub-section
(1), the Election Officer shall allow the candidate to appoint such election agent or counting agent.
Provided that, no more than Two agents shall be allowed at one place at a time.
(3) The Election Officer shall carry out the counting of votes in the same room or place as far as possible. If one room or place is not sufficient for the counting of votes, counting of votes may be carried out in another room or place. Provided that, counting of votes shall not be carried out in separate houses or places.
(4) If re-polling is to be held at any polling station in the election of any Member of the Local Bodies, the counting of votes of other polling stations shall not commence until the polling of such a polling station concludes.

49. Entry into the place for counting of votes :

(1) The Election Officer may allow only the following persons to enter into the place for the counting of votes:
(a) Candidates,
(b) Election agents of candidates,
(c) Counting agents of candidates,
(d) Employees and security personnel involved by the Election Officer in the counting of votes,
(e) Persons deputed or allowed by the Commission, and
(f) Persons permitted by the Election Officer.

50. Expulsion from place of counting of votes :

(1) The Election Officer may order any person who causes obstruction or hindrance in the act of counting of votes to go out from the place of counting of votes.
(2) The person receiving the order as referred to in Sub-section (1) shall have to go out of the place for counting of votes. The employees deputed for security in that place shall, by the order of the Election Officer, expel from that place the person who does not carry out that order and becomes self-willed.

51. Counting of votes to be continuous : Once the counting of votes is commenced, the Election Officer shall keep on the act of counting of votes continued until the completion of the counting of votes.

52. Postponement of counting of votes :

(1) If, owing to any circumstance beyond control, the act of counting of votes has to be adjourned in the meantime, the Election Officer may postpone the counting of votes prior to the completion of the counting of votes.
(2) Where it is required to postpone the counting of votes pursuant to Sub-section (1), the Election Officer shall prepare an inventory of the ballot papers already counted, documents relating to the counting of votes, ballot papers remain to be counted, and the ballot boxes of which ballot papers have not been counted, and keep them in different envelops and seal them with his or her own seal. The candidates or their agents may, if they so wish, also put their own seal on the envelopes.
(3) A notice of postponement of counting of votes and of resumption of counting of votes shall have to be published a that place immediately.

53. Resumption of the counting of votes postponed :

(1) The act of counting of votes adjourned pursuant to Section 52 shall have to be resumed, on the following day of the day of postponement of counting of votes, as far as possible.
(2) In commencing the counting of votes pursuant to Sub-section (1), acts as referred to in Section 48 have to be carried out.

54. Invalidity of ballot papers : A ballot paper shall be invalid in the following circumstance:
(a) If it does not bear the signature of the concerned Polling Officer,
(b) If the mark indicating the vote as referred to in sub-section (2) of Section 36 is not placed,
(c) If it is so torn that the mark indicating the vote is so used that cannot be identified,
(d) If it is so blurred or dirty that the mark indicating the vote cannot be identified,
(e) If it bears the mark indicating vote elsewhere than in a box containing the symbol of the candidate,
(f) If it bears the mark indicating vote only in an election symbol not allocated to any candidate,
(g) If it has been returned to the Polling Officer with the intention of abstaining from voting,
(h) If the mark indicating the vote is placed in the boxes containing the election symbols of two or more candidates,
(i) If the vote is cast with a ballot paper other than the ballot paper specified by the Commission,
(j) If the ballot paper is kept outside the ballot box, or
(k) If it is a fake ballot paper

55. Recounting of votes :

(1) Before the completion of the counting of votes or prior to declaring the election results after the completion of the counting of votes taken for an election to any Member of the Local Body, any candidate or his or her election agent or counting agent may make an application in writing setting out the reason therefor, to the Election Officer for the recounting of any or all the ballot papers.
(2) If an application is received pursuant to Sub-section (1), the Election Officer shall immediately register the application and may, if it appears necessary to recount the votes, immediately recount the votes by giving a notice thereof to the candidate or his or her election agent or counting agent who has made the application for the recounting of votes and other candidates or their election agents or counting agents who are present at the place for counting of votes.
(3) If it is not necessary to recount the votes as per the application as referred to in Sub-section (1), the Election Officer shall make a decision accordingly and give a notice of the decision to such a candidate or his or her election agent or counting agent who has made the application for the recounting of votes prior to the declaration of the election results.

56. In case of equality of votes : If, after the completion of the counting of votes of the election to any Member of the Local Body, Two or more candidates receive equal number of valid votes, the Election Officer shall decide by drawing lots amongst the candidates receiving the equal number of votes. The candidate who is so selected by lot shall be deemed to have received one more vote.

57. Preparation of chart of counting of votes : After the completion of the act of counting of all votes in the election to any Member of the Local Body, the Election Officer shall prepare a chart of counting of votes as prescribed by the Commission, also setting down the votes cast, valid votes, invalid votes and valid votes received by each candidate.

58. Declaration of election results : After preparing the chart of counting of votes as referred to in Section 57, the Election Officer shall, based on that chart, declare the election results to the effect that the candidate receiving the highest number of valid votes is declared as elected, also setting out the valid votes received by each candidate, and shall immediately publish one copy of such a declaration at his or her own office.

59. To forward statements of election results to Commission: The Election Officer shall immediately forward the statements of election results and all statements relating to the election declaration to the Commission.

60. Commission to forward name-list : Upon receipt of the statements of election results as referred to in Section 59, the Commission shall forward the name-list of elected candidates to the concerned bodies of the Government of Nepal.

61. Date of election : The date of declaration of election results by the Election Officer shall be deemed to be the date on which the candidate has been elected

Chapter-8

Counting of Votes and Election Results

47. Notice of counting of votes :

(1) After receiving all the ballot boxes used for polling at all the polling stations specified for election to any post of the Local Bodies, the Election Officer shall publish a notice specifying the place, date and time for counting of votes for information of the candidates.
(2) While publishing a notice as referred to in Sub-section (1), the notice shall also specify that the candidates shall send their respective election agents or vote counting agents to the place for counting.

48. Counting of votes :

(1) The Election Officer shall, as per the direction of the Commission, commence the act of counting of votes at the place, date and time as referred to Sub-section (1) of Section 47.
(2) If a candidate intends to appoint his or her election agent or vote counting agent at the place for counting of votes as referred to in Sub-section
(1), the Election Officer shall allow the candidate to appoint such election agent or counting agent.
Provided that, no more than Two agents shall be allowed at one place at a time.
(3) The Election Officer shall carry out the counting of votes in the same room or place as far as possible. If one room or place is not sufficient for the counting of votes, counting of votes may be carried out in another room or place. Provided that, counting of votes shall not be carried out in separate houses or places.
(4) If re-polling is to be held at any polling station in the election of any Member of the Local Bodies, the counting of votes of other polling stations shall not commence until the polling of such a polling station concludes.

49. Entry into the place for counting of votes :

(1) The Election Officer may allow only the following persons to enter into the place for the counting of votes:
(a) Candidates,
(b) Election agents of candidates,
(c) Counting agents of candidates,
(d) Employees and security personnel involved by the Election Officer in the counting of votes,
(e) Persons deputed or allowed by the Commission, and
(f) Persons permitted by the Election Officer.

50. Expulsion from place of counting of votes :

(1) The Election Officer may order any person who causes obstruction or hindrance in the act of counting of votes to go out from the place of counting of votes.
(2) The person receiving the order as referred to in Sub-section (1) shall have to go out of the place for counting of votes. The employees deputed for security in that place shall, by the order of the Election Officer, expel from that place the person who does not carry out that order and becomes self-willed.

51. Counting of votes to be continuous : Once the counting of votes is commenced, the Election Officer shall keep on the act of counting of votes continued until the completion of the counting of votes.

52. Postponement of counting of votes :

(1) If, owing to any circumstance beyond control, the act of counting of votes has to be adjourned in the meantime, the Election Officer may postpone the counting of votes prior to the completion of the counting of votes.

(2) Where it is required to postpone the counting of votes pursuant to Sub-section (1), the Election Officer shall prepare an inventory of the ballot papers already counted, documents relating to the counting of votes, ballot papers remain to be counted, and the ballot boxes of which ballot papers have not been counted, and keep them in different envelops and seal them with his or her own seal. The candidates or their agents may, if they so wish, also put their own seal on the envelopes.
(3) A notice of postponement of counting of votes and of resumption of counting of votes shall have to be published a that place immediately.

53. Resumption of the counting of votes postponed :

(1) The act of counting of votes adjourned pursuant to Section 52 shall have to be resumed, on the following day of the day of postponement of counting of votes, as far as possible.
(2) In commencing the counting of votes pursuant to Sub-section (1), acts as referred to in Section 48 have to be carried out.

54. Invalidity of ballot papers : A ballot paper shall be invalid in the following circumstance:
(a) If it does not bear the signature of the concerned Polling Officer,
(b) If the mark indicating the vote as referred to in sub-section (2) of Section 36 is not placed,
(c) If it is so torn that the mark indicating the vote is so used that cannot be identified,
(d) If it is so blurred or dirty that the mark indicating the vote cannot be identified,
(e) If it bears the mark indicating vote elsewhere than in a box containing the symbol of the candidate,
(f) If it bears the mark indicating vote only in an election symbol not allocated to any candidate,
(g) If it has been returned to the Polling Officer with the intention of abstaining from voting,
(h) If the mark indicating the vote is placed in the boxes containing the election symbols of two or more candidates,
(i) If the vote is cast with a ballot paper other than the ballot paper specified by the Commission,
(j) If the ballot paper is kept outside the ballot box, or
(k) If it is a fake ballot paper.

55. Recounting of votes :

(1) Before the completion of the counting of votes or prior to declaring the election results after the completion of the counting of votes taken for an election to any Member of the Local Body, any candidate or his or her election agent or counting agent may make an application in writing setting out the reason therefor, to the Election Officer for the recounting of any or all the ballot papers.
(2) If an application is received pursuant to Sub-section (1), the Election Officer shall immediately register the application and may, if it appears necessary to recount the votes, immediately recount the votes by giving a notice thereof to the candidate or his or her election agent or counting agent who has made the application for the recounting of votes and other candidates or their election agents or counting agents who are present at the place for counting of votes.
(3) If it is not necessary to recount the votes as per the application as referred to in Sub-section (1), the Election Officer shall make a decision accordingly and give a notice of the decision to such a candidate or his or her election agent or counting agent who has made the application for the recounting of votes prior to the declaration of the election results.

56. In case of equality of votes : If, after the completion of the counting of votes of the election to any Member of the Local Body, Two or more candidates receive equal number of valid votes, the Election Officer shall decide by drawing lots amongst the candidates receiving the equal number of votes. The candidate who is so selected by lot shall be deemed to have received one more vote.

57. Preparation of chart of counting of votes : After the completion of the act of counting of all votes in the election to any Member of the Local Body, the Election Officer shall prepare a chart of counting of votes as prescribed by the Commission, also setting down the votes cast, valid votes, invalid votes and valid votes received by each candidate.

58. Declaration of election results : After preparing the chart of counting of votes as referred to in Section 57, the Election Officer shall, based on that chart, declare the election results to the effect that the candidate receiving the highest number of valid votes is declared as elected, also setting out the valid votes received by each candidate, and shall immediately publish one copy of such a declaration at his or her own office.

59. To forward statements of election results to Commission: The Election Officer shall immediately forward the statements of election results and all statements relating to the election declaration to the Commission.

60. Commission to forward name-list : Upon receipt of the statements of election results as referred to in Section 59, the Commission shall forward the name-list of elected candidates to the concerned bodies of the Government of Nepal.

61. Date of election : The date of declaration of election results by the Election Officer shall be deemed to be the date on which the candidate has been elected

Chapter- 9

Chapter- 9

Agents of Candidates

62. Election agent :

(1) A candidate may appoint a person who has the qualification to be a voter pursuant to this Act as an election agent for the election related acts.
(2) If a candidate appoints an election agent pursuant to Sub-section
(1), the candidate shall have to give a notice thereof in writing to the Election Officer.
(3) A candidate may, at any time, remove the election agent appointed pursuant to Sub-section (1) and shall have to give a notice of removal of the election agent to the Election Officer immediately.

63. Functions and duties of election agent : The election agent appointed pursuant to Section 62 shall perform such functions and duties as mentioned in this Act to be performed by the election agent.

64. Polling agent and counting agent :

(1) A candidate or his or her election agent may appoint a person who has the qualification to be a voter pursuant to this Act as his or her polling agent to represent the candidate at the place for polling during the polling.
(2) A candidate or his or her election agent may appoint a person who has the qualification to be a voter pursuant to this Act as his or her countingagent to represent the candidate for the counting of votes at the place for counting.
(3) If a candidate or his or her election agent appoints a polling agent or counting agent pursuant to Sub-section (1) or (2), he or she has to give a written notice thereof to the Election Officer immediately.

65. Functions and duties of polling agent and counting agent : The polling agent and counting agent appointed pursuant to Section 64 shall perform such functions and duties as mentioned in this Act to be performed by the election agent.

66. Acts not to be invalid : If a candidate or his or her election agent, polling agent or counting agent fails to perform any act or to make presence as required to be done or made pursuant to this Act, any acts relating to the election held in accordance with law shall not be invalid

Chapter–10

Chapter–10

Miscellaneous

67. Deposit to be furnished :

(1) To be a candidate in the election to the Local Bodies, the following amount has to be deposited:
(a) For the post of Member of the Village Development Committee Rs. 50.00
(b) For the post of Chairperson or Vice- chairperson of the Village Development Committee Rs. 100.00
(c) For the post of Member of the Municipality Rs. 200.00
(d) For the post of Mayor or Deputy Mayor of the Municipality Rs. 500.00
(e) For the post of Member of the District Development Committee Rs. 500.00
(f) For the post of President or Vice-President of the District Development Committee Rs.  1000.00
(2) If more than one nomination paper is filed for one candidate in the election to any one post, it shall be sufficient to furnish the deposit for one nomination only.
(3) While filing a nomination paper for a candidacy, the nomination paper submitted to the Office of the Election Officer has to be accompanied by the cash receipt or bank voucher.

68. Forfeiture of Deposits :

(1) The deposit of the candidate who receives less than Ten per cent of the total valid votes cast in the election to the post of any Member shall be forfeited. Provided that, if the elected candidate receives less than Ten percent of the total votes pursuant to this Sub-section, his or her deposit shall not be forfeited.
(2) Except where the deposits are liable to be forfeited pursuant to sub-section (1), the candidates and persons whose nomination papers have been rejected or who have withdrawn their names, shall get back their deposit furnished pursuant to Section 67 within Thirty days after the declaration of election results.
(3) If the deposit is not withdrawn within the time frame as referred to in sub-section (2), the sum of deposit shall be credited to the Consolidated Fund of the Government of Nepal.

69. Election expenses :

(1) The ceiling of the amount allowed to be spent by the candidate in the election to the Local Bodies shall be as prescribed by the Commission upon a Notification published in the Nepal Gazette.

(2) A candidate or his or her election agent shall have to maintain the records of all expenses incurred in the election during the period of election in such a format as may be prescribed by the Commission. Explanation: For the purposes of this Section, “period of election” means the period beginning from the date of filing of the nomination paper of the candidates for any post to the date of declaration of the election results.
(3) The elected candidate shall have to submit the statements of election expenses as referred to in sub-section (2) to the Election Officer within Thirty days after the declaration of the election results of the post for which he or she has contested. The Election Officer shall have to forward such statements to the Commission immediately.

70. Secrecy of documents related to election :

(1) The Election Officer may, as required, and for the purposes of counting of votes, open and look the sealed documents used in the election, and shall, after the completion of the counting of votes, reseal the documents and hand over them to the officer designated by the Commission.
(2) The sealed envelopes containing the counterfoils of the ballot papers sealed pursuant to Sub-section (1), the Electoral Rolls used in the polling, and the valid and invalid ballot papers may be opened and looked into only by the Court in connection with the petition filed pursuant to the prevailing laws.
(3) After they have been opened and looked into by the order of the Court pursuant to sub-section (2), the Court shall seal and restore them in their original form. No official or body other than the Court shall have the authority to open and look into such sealed envelopes.

(4) The documents mentioned in this Section shall be preserved for Three months from the date of the final settlement of the case, if any filed, and from the date of the expiry of the limitation for filing a petition if no case has been filed.

71. Prohibition on divulgence of secrecy :

(1) Except as authorized by the law, any employee deputed in performing the act relating to election or candidate or election agent or polling agent or counting agent or any other person shall not divulge to any person, write or disclose in any manner, the vote marked by the voter in the ballot paper or any other matter pertaining thereto known to him or her or which he or she comes to know.
(2) Notwithstanding anything contained in the prevailing laws, no witness or person shall be asked in the course of legal proceeding instituted under this Act any question as to whom he or she has voted for election or who has voted for whom.

72. Power to issue orders and give directives :

(1) In addition to the matters contained in this Act, the Commission may issue necessary orders in regard to the elections, and such orders shall be published in the Nepal Gazette.
(2) The Commission may issue necessary directives to the persons or employees involved in the act of election for the conduct of election.
(3) It shall be the duty of all candidates and their agents, persons carrying out election canvassing and persons or employees involved in the act of election to abide by the orders and directives as referred to in Sub- sections (1) and (2).

73. Power to seek assistance :

(1) The Election Officer, the Polling Officer or observer, person or employee involved by the Commission in the act of election may, in the course of the act of election, seek assistance from any governmental body or body relating to security including the police at the local level.
(2) If assistance is so sought by the concerned person pursuant to Sub- section (1), it shall be the duty of the concerned police as well as government and security related body to render the necessary assistance.

74. Power to frame Rules : The Government of Nepal may, in consultation with the Commission, frame necessary Rules in order to carry out the objectives of this Act.

75. Saving : No question may be raised in any court or body other than the election special court formed pursuant to the prevailing laws in relation to any act and action relating to election done and taken in accordance with this Act, the Rules framed under this Act and the orders and directions issued by the Commission

Industrial Trainee Training Act, 2039 (1982)

Industrial Trainee Training Act, 2039 (1982)
Date of authentication and publication
2039-8-6 (21 Nov. 1982)

Amendments,
1. Administration of Justice Act, 2048 2048-2-16 (30 May 1991)
2. Republic Strengthening and Some Nepal
Laws Amendment Act, 2066 2066 -10- 7 (21 Jan. 2010)Act Number 15 of the Year 2039
An act made to provide for provisions on industrial training

Preamble:

Whereas, it is expedient to make provisions for industrial skill training on industrial enterprises in order to enhance the involvement of Nepalese workers in industrial activities; Now therefore, be it enacted by His Majesty the king Birendra Bir Bikram Shah Dev on the advice and with the consent of the Rastria Panchayat.

Chapter -1

Chapter -1
Preliminary

1. Short title and Commencement:

(1) This Act may be called “Industrial Trainee Training Act, 2039 (1982)”.
(2) This Act shall come into force immediately.

2. Definition:

Unless the subject or context otherwise requires; in this Act;
(a) “Training” means the training to be conducted pursuant to this Act for the purpose of providing industrial skill.
(b) “Trainee” means a person who takes part in the training to be conducted pursuant to this Act.
(c) “Advisor” means the training advisor appointed pursuant to Section 10.
(d) “Council” means the Training Council constituted pursuant to Section 16.
(e) “Enterprise” means a company, firm or their group incorporated under prevailing law with an object of carrying out an industrial business.
(f) “Manager” means the manager of an enterprise.
(g) “Department” means Labour Department of Government of Nepal.
(h) “Prescribed” or “as prescribed” means prescribed or as prescribed in Rules made under this Act.

Chapter-2

Chapter-2
Provisions relating to training

3. Enterprise shall conduct training:

The enterprise prescribed by the Government of Nepal upon publishing a Notification in Nepal gazette shall, subject to the provisions of this Act, conduct training.

4. Trainee shall sign an agreement:

(1) Every trainee shall sign an agreement as prescribed. Unless trainee signs such an agreement he/she
shall not be permitted to participate in the training.
(2) Manager shall forward a copy of the agreement singed by trainee pursuant to Sub-section (1) to the Department and the Department shall maintain the record of such agreements

5. Incomplete training may be continued by other enterprise:

(1) if an enterprise fails to complete a training being conducted by it due to any abnormal situation, the Manager shall, as soon as possible, give notice thereof to the advisor. If any other enterprise is agreed to conduct such incomplete training the manager shall set the details thereof in the said notice.
(2) After the reception of the notice pursuant to Sub-section (1) the Advisor shall discus with the concerned Manager and if the advisor finds reasonable reasons, may approve to conduct such incomplete training by an enterprise which has agreed to continue such training, if any,. In case no
enterprise has agreed to conduct such incomplete training and if it appears that the concerned enterprise is unable to conduct the said training even in near future, the Advisor may issue an order to an enterprise, which is under his/her jurisdiction and capable to conduct such type of training, in order to conduct the said training .In a condition where there is no capable enterprise under his/her jurisdiction, the Advisor shall forward the notice in writing to the Council.
(3) The earlier agreement concluded between an enterprise and a trainee shall be deemed to have been concluded with the enterprise to make complete the incomplete training pursuant to Sub-Section (2).
(4) The earlier enterprise, which failed to complete the training, shall repay the total expenses to be required to conduct the incomplete training pursuant to Sub-section (2) to the enterprise which conducts training to complete the said training.

6. Termination of agreement:

An agreement concluded between an enterprise and a trainee shall be deemed, ipso facto, to have been
terminated in any of the following circumstances,-
(a) if the trainee dies,
(b) if the trainee is permitted to abandon the training pursuant to Section 7.

7. Permission may be granted to abandon the training:

If a trainee submits an application to the Manager seeking permission to abandon the training upon setting out the reasons thereof and returns back the expenses made by the concerned enterprise for him/her, the Manager may grant permission to him/her to abandon the training.

8. Training allowances:

The training allowances to be paid for trainee by the enterprise shall be as prescribed by the Council.

9. Obligation of Manager:

The Manager of the each enterprise which conducts training shall have the following obligations;
(a) To manage for training as referred to in this Act and Rules made here under and as prescribed by the Council.
(b) To fulfill the obligation created by the agreement concluded with trainees.
(c) To abide by the directives issued by the Council in respect of the training.
(d) To forward the particulars and data sought by the Department, Council or Advisors.
(e) To conduct training by consulting with the Advisors as per necessity.

10. Appointment of Training Advisors:

(1) The Government of Nepal shall, for an enterprise of a particular sector or classification, appoint
Training Advisors as may be required.
(2) Until an Advisor is appointed pursuant to Sub-section (1) the Government of Nepal may designate any of it’s’ employee as an Advisor.
(3) Functions, duties and conditions of service of the Advisors appointed pursuant to Sub-section (1) shall be as prescribed.

11. Arrangement of expenses in order to conduct training programme:

(1) Every enterprise shall allocate an amount equivalent to the percent as prescribed by the Department from its’ net profit to meet the training cost.
(2) An enterprise which intends to send a trainee abroad for the training that cannot be conducted in Nepal may, upon the approval of the Council send him/her in its’ own expenses or under the scholarship granted by a foreign institution.

12. Compensation:

If a trainee suffers physical injury or hurt or death in the course of training, the compensation to be received by the trainee or his/her guardian shall be as prescribed.

13. Settlement of dispute and appeal:

(1) If a dispute arises over the conditions mentioned in a training agreement between the Manager and
trainee, it shall be settled by the Council
(2) A person, who is not satisfied with the decision made by the Council pursuant to Sub-section (1), may lodge an appeal with the Government of Nepal and the decision made by the Government of Nepal
shall be final.

14. Issuance of certificate:

Concerned enterprise shall issue a certificate in such format as prescribed by the Council to the trainee who has passed in the examination conducted by the Council.

15. Trainee shall be given preference:

Every Manager shall, while appointing workers in his/her enterprise, give preference to the trainees who
have completed the training from an enterprise.

Chapter -3

Chapter -3
Provisions relating to Training Council

16. Training council:

(1) The Government of Nepal shall, in order to conduct training and to manage thereof pursuant to this Act, constitute a Training Council by publishing a Notification in Nepal Gazette.
(2) While designating members to the Council to be constituted pursuant to Sub-section (1), generally the following representatives shall be designated;
(a) Representative of the Ministry, Department or Office of the Government of Nepal.
(b) Representative of factory or industrial enterprise.
(c) Representative of Tribhuvan University.
(d) Industrial and Labour expert or experienced person.
(e) ………….
(3) The tenure of office of members shall be as prescribed.
(4) Meeting allowances as prescribed by the Council shall be granted to the Member of the Council.
(5) The Council may, itself, arrange its internal working arrangement.

Omitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

17. Functions and duties of the Council:

Save as provided elsewhere in this Act, the functions and duties of the Council shall be as follows;
(a) To formulate policy in respect of conducting the training and co ordination there for;
(b) To determine the subject of training, to formulate the programme and to approve theoretical and practical curricula of the training.
(c) To fix the training allowances for the trainees.
(d) To determine policy relating to the selection of trainee. (e) To supervise and monitor the training
(f) To make necessary arrangement for timely and well-arranged training.
(g) To submit an information or opinion and advice sought by Government of Nepal in relation to the training.
(h) To issue necessary directives in relation to the training to the enterprise that conducts training.

18. Committee may be framed:

The Council may, if it deems necessary, form a Committee in order to formulate training related curricula and to set the standard. The members of the Committee shall be as determined by the
council.

Chapter -4

Chapter -4
Miscellaneous

19. Power to issue directives:

(1) The Government of Nepal may issue directives to the Council from time to time and it shall be the duty of the Council to abide by such directives.
(2) Council may issue directives to the manager in respect of conducting the training from time to time and it shall be the duty of the concerned manager to abide by such directives.

20. Penalty:

(1) A Manager who commits any of the following acts shall be liable to a fine not exceeding Five Thousand Rupees;
(a) Fails to fulfill an obligation created by the agreement relating to the training.
(b) Submits or cause to submit fake particulars or data related to training to the Department.
(c) Fails to maintain the record of training or hinders or obstructs to the person deputed by the Council or to the Advisor from inspecting the record.
(d) Fails to manage for training expenses.
(e) Employs the trainee for more than fixed period in the course of training or employs in a work which is not related to the training.
(2) Save as provided in Sub-section (1) a person who contravenes a provision of this Act or Rules made here under shall be liable to a fine not exceeding One Thousand Rupees.

21. Adjudicating Authority:

(1) The Department shall have the power to try the case as referred to in this Act.
(2) A person, who is not satisfied with the decision made by the Department pursuant to Sub-section (1), may lodge an appeal with Court of Appeal within the Thirty five days of such decision.

22. Limitation to file a case:

A case under this Act shall have to be filed within a period of Three months from the date of cause of action.

23. Delegation of powers:

(1) The Government of Nepal may delegate any or all powers conferred on it pursuant to this Act to the Council.
(2) The council may delegate any or all powers conferred on it pursuant to this Act to any of it’s’ member or a committee of such members or an employee.

24. Power to frame Rules:

(1) The Government of Nepal may frame necessary Rules to carry out the objectives of this Act.
(2) Without prejudice to the generality of powers pursuant to Subsection (1) the Government of Nepal may frame Rules basically on the following matters;
(a) Conduct of training.
(b) Kinds of training and its duration.
(c) Qualification of trainees.
(d) Numbers and selection of the trainee.
(e) The format of agreement to be signed by the trainee.
(f) Provisions relating to health and safety of the trainees.
(g) Conduct and discipline of trainees.
(h) Provisions on record relating to training and trainee.
(i) Provisions relating to the secretariat of the Council.
(j) Other necessary matters related to industrial trainee training.

25. Power to frame Bye-laws:

(1) Enterprise may, subject to this Act or the Rules made here under, frame Bye-laws in respect of the conduct and discipline to be followed by the trainees.
(2) The Bye-laws so framed pursuant to Sub-section (1) shall come into force only after being approved by the Council.

Electoral Rolls Act, 2063 (2006)

Electoral Rolls Act, 2063 (2006)
Date of Authentications and publication :

Pausa 14, 2063 (Dec 29, 2006)
1. The Act Amending Some Election Nepal Acts, 2064 (2008) 2064.9.20
Act No. 32 of the Year 2063 (2007)
An Act Made to Amend and Consolidate Laws Relating to Electoral
Rolls
Preamble: Whereas, it is expedient to amend and consolidate the laws relating
to Electoral Rolls for the election to be held pursuant to the laws in force;
Now, therefore, be it enacted by the House of Representatives in the First Year
of the Proclamation of the House of Representatives, 2063 (2006).

Chapter -1 

Chapter -1 Preliminary
1. Short title and commencement:

(1) This Act may be called as “Electoral Rolls Act , 2063 (2006)”.
(2) This Act shall come into force forthwith.
2. Definitions: Unless the subject or the context otherwise requires, in
this Act,-
(a) “Commission” means the Election Commission.
(b) “Election” means the election to the members of the Constituent
Assembly or such other election as to be held pursuant to laws,
and this expression also includes bye-election.
(c) ” constituency” means any constituency prescribed by the laws in  force for election.
(d) “District Election Officer” means the Chief of the District Election Office.
(e) ” Enrollment Officer” means the Chief Enrollment Officer appointed
or designated pursuant to Section 4 and this expression also
includes the Enrollment Officer and Assistant Enrollment Officer.
(f) “Voter” means a voter whose name has been registered in the
Electoral Rolls pursuant to Section 5,
(g) “Electoral Rolls” means the Electoral Rolls prepared pursuant to this Act.
(h) “Temporary Electoral Rolls” means the temporary Electoral Rolls
prepared pursuant to Section 26,
(i) “Prescribed” or “as prescribed” means prescribed or as prescribed
in this Act or the rules framed under this Act.

Chapter – 2 

Chapter – 2 Voters and Electoral Rolls
3. To collect and update Electoral Rolls:

(1) The Commission shall, under its direct inspection, control, supervision and direction, carry out the act of collection and updating of the Electoral Rolls of the voters in the Wards of the Village Development Committees and Municipalities of every constituency as prescribed.
(2) While collecting or updating the Electoral Rolls pursuant to Sub-section (1), the then Electoral Rolls shall be published in the concerned Ward of the concerned Village Development Committee or the Municipality.
(3) While collecting or updating the Electoral Rolls pursuant to   Sub-section (1), the Commission shall publish a notice to that effect pertaining to program of the same in the Nepal Gazette for the information of the public in general.
(4) While collecting or updating the Electoral Rolls pursuant to Sub-section (1), the Commission may fix the time in a manner that such collection or updating shall be made at the same time or at several times or at one time or at different times.
Provided that, while collecting or updating the Electoral Rolls of one Village Development Committee or one particular Ward of a Municipality, it shall be done at the same time.

4. Enrollment Officer:

(1) The Commission may appoint or designate one Chief Enrollment Officer and Enrollment Officer and Assistant
Enrollment Officer as required in each district to collect names and other necessary details of voters, to prepare and update Electoral Rolls and carry out all other acts as required in that respect.
(2) The Commission may depute or engage a required number ofemployees of the Government of Nepal or of the bodies owned or controlled by, or operated with the grants of, the Government of Nepal or of the Local Bodies and teachers of community schools in the work so as to assist the Enrollment Officer to perform of the functions as referred to in Sub-section (1).
(3) The Commission may assign District Election Officer to perform the functions required to be performed by the Chief Enrollment Officer pursuant to this Act.
(4) The Office of the Enrollment Officer shall be located at the concerned Ward of the concerned Municipality or at the Office of the concerned Village Development Committee, as the case may be.

5. Voters: (1) The following person shall be eligible to be voters in an 4 election:
(a) Nepalese citizen;
(b) Who has completed the age of 18 years on or before the last day of the month of Chaitra (generally13 April) of the year immediately preceding the year in which Electoral Rolls are collected;
Provided that in the case of the Election to the Members of the Constituent Assembly, one who has completed 18 years of age on or before the last day of Mangsir of the year 2063 (Dec 15, 2006),
(c) Who has permanent residence in the concerned Ward of any Village Development Committee or Municipality in any constituency.
(2) The name of a voter as referred to in Sub-section (1) shall be included in the Electoral Rolls of the election constituency where the voter is permanently residing, and the name of the person so included shall be considered to be registered in the Electoral Rolls.

6. To cast vote: A person whose name has been registered in the Electoral Rolls pursuant to Section 5 may cast a vote in election. Provided that, any of the following voters shall not be entitled to cast vote:
(a) a person of unsound mind,
(b) a person who, having been sentenced to imprisonment pursuant to the laws in force relating to election offences and punishment, is serving such sentence or where a person has been sentenced to imprisonment for a term of one year or more than one year, a period of one year has not lapsed from the date of completion of the service of such punishment.

7. Deemed to be residing permanently:

(1) For the purposes of clause (c) of Sub-section (1) of Section 5, a person who is habitually residing in the concerned Ward of a Village Development Committee or a  Municipality shall be deemed to have permanently resided there.
(2) Notwithstanding anything contained in Sub-section (1), a residence in any of the following situations shall also be deemed to have resided permanently:
(a) Situation where a person, whose name is registered in the Electoral Rolls of a Ward of a Village Development Committee or Municipality in an constituency and who has been elected as a people’s representative, remains absent from the constituency during his or her tenure;
(b) Situation where a person remains absent from a Ward of a Village Development Committee or Municipality in an constituency where his or her name has been registered, owing to trade, business, study, teaching, governmental or nongovernmental service, medical treatment or any other special work or reason or owing to being detained or imprisoned according to the law.

8. Persons not be deemed as residing permanently: For the purposes of clause (c) of Sub-section (1) of Section 5, the persons in the following situations shall not be deemed to have resided permanently in the concerned Ward of a Village Development Committee or Municipality in the concerned constituency:
(a) Where a house belonging to any one is rented for the purpose of operating any industry, trade or business or keeping an office, the tenant of the house and his or her family on that mere ground;
(b) Employees serving in offices of governmental, semi-governmental and non-governmental organizations, and quarters made for the employees of such organizations, army or police barracks, cantonments and quarters, industrial enterprises, residential quarters for employees and workers working in such enterprises
and persons taking shelter in hospitals, clinics, nursing homes,   schools, colleges and hostels, orphanages, homes for elderly people, prisons and similar other places.

9. Registration of voters of another constituency:

(1) Where a voter whose name has been registered in the Electoral Rolls of any Ward of a Village Development Committee or Municipality of an constituency has migrated, because of marital or other reason, to any Ward of a Village Development Committee or Municipality in another constituency and resided there, the name of such person may be registered in the concerned Ward of the Village Development Committee or Municipality of
the election constituency where he or she has been so residing.
(2) While getting registered his or her name pursuant to Sub-section (1), such person shall submit evidence proving the marriage or migration to the Enrollment Officer.
(3) In the event of failure to submit the evidence referred to in Sub-section (2), the name of such person shall not be registered.

10. Prohibition on registration of name in two places: Except in the situation mentioned in Chapter 3, no person shall register or get registered his or her name in the Electoral Rolls of the concerned Ward of a Village Development Committee or Municipality in more than one constituency.

11. Seeking evidence for registration of name:

(1) Where it is so required, while registering the name of a person in the Electoral Rolls pursuant to this Act, the Enrollment Officer may ask the concerned person or his or her family to submit the citizenship certificate, land
ownership certificate or any identity card issued by a government office, local body, government owned organization or educational institute, setting out his or her date of birth or age or place of his or her residence.
(2) In the event of failure to submit the evidence sought   pursuant to Sub-section (1), the Enrollment Officer may ask such person to submit a recommendation of the concerned Ward of the concerned Village Development Committee or Municipality.
(3) The name of a person who fails to submit the recommendation referred to in Sub-section (2) shall not be registered in the Electoral Rolls.
Provided that, nothing shall be deemed to bar the registering of the name of a citizen of Nepal in the Electoral Rolls merely by the reason of his or her failure to submit the Nepalese citizenship certificate.

12. Duty to register name and provide details: (1) It shall be the duty of each Nepalese citizen who has possessed the qualification for being a voter pursuant to this Act to get his or her name registered in the
Electoral Rolls of the concerned Ward of the Village Development Committee or Municipality in the election constituency where he/she has been residing permanently.
(2) It shall be the duty of the head or other members of the concerned family to provide the details of each voter residing in each house to the name Enumerator for the purposes of collecting the names pursuant to this Act.

13. Publication of Electoral Rolls: The Enrollment Officer shall publish the collected and updated Electoral Rolls pursuant to Sub-section (1) of Section 3 in the Office of the concerned Ward of the concerned Village
Development Committee or Municipality within the time as fixed by theCommission.

14. Application for inclusion of name: Where the name of a person is omitted from the Electoral Rolls published pursuant to Sub-section (2) of Section 3 or Section 13, and where such person desires to get his or her name included therein, he or she may make an application, along with the evidence, to the Enrollment Officer in the time as fixed by the  Commission.

15. Application for correction of name or details: Where there is any error in the name or details of any voter included in the Electoral Rolls published pursuant to Sub-section (2) of Section 3 or Section 13, the concerned voter or any of his or her family members may make an application to the concerned Enrollment Officer for the correction of the same within the time as fixed by the Commission.

16. Publication of amended Electoral Rolls: Where any application is made pursuant to Section 14 or Section 15, the Enrollment Officer shall inquire into such application as prescribed and where he or she finds that the name of the applicant has been omitted from the Electoral Rolls or there is any error in the details, he or she shall prepare the
amended Electoral Rolls as prescribed by including the name of such voter or correcting the details as prescribed and publish the same within the time as fixed by the Commission.

17. Objection to Electoral Rolls:

(1) Where any voter of the same constituency of the concerned Ward of the Village Development
Committee or Municipality considers that the name of any person cannot be included under this Act in the Electoral Rolls published pursuant to Sub-section (2) of Section 3, Section 13 or Section 16, such voter may
make an application objecting thereto, accompanied by the reason for Such objection, to the Enrollment Officer within the time as fixed by the Commission.

(2) Where an application is received pursuant to Sub-section (1), the Enrollment Officer may, where the matter is found reasonable upon making inquiry into the matter as prescribed, remove the name of such person from the Electoral Rolls.

18. To give information for removal of repeated name:

(1) In cases where the name of a voter has been registered in the Electoral Rolls of the concerned Ward of the Village Development Committee or Municipality within one or more than one election constituency, it shall
be the duty of the concerned voter to give information to the Assistant Enrollment Officer, where it is within the concerned Ward of the Village Development or Municipality, to the Chief Enrollment Officer of the  concerned district, where it is within the district, and to the Commission by himself or herself or through the Enrollment Officer, where it involves more than one district, to maintain his or her name only in the Electoral  Rolls of the Ward of the Village Development Committee or Municipality in one constituency of his or her choice and remove his or her name from the Electoral Rolls of the Ward of the Village Development Committee or Municipality in another constituency.
(2) Notwithstanding anything contained in Sub-section (1), where the name of any voter has been registered in the Electoral Rolls ofthe concerned Ward of the Village Development Committee or the Municipality within one or more than one election constituency, any voter of the concerned Ward of the same Village Development Committee or
Municipality shall make an application as prescribed, accompanied by the reason for the same, to the Enrollment Officer to remove the repetition of name and maintain his or her name only in one electoral roll.

19. Removal of repeated name:

(1) Where information is given for the removal of a name from the Electoral Rolls pursuant to Section 18, such
repeated name shall be removed by the Assistant Enrollment Officer, in the case of repetition of name in any Village Development Committee or  Municipality, by the concerned Chief Enrollment Officer, in the case of
repetition of name within the district of any Village Development Committees or Municipalities, and by the Chief Enrollment Officer designated by the Commission, in the case of repetition of name in the Electoral Rolls of more than one district.
(2) Even though no application is made pursuant to Section 18, where the Commission receives information that the name of any voter has been repeated, the Commission may order the concerned Enrollment Officer to maintain the name of such voter in the Electoral Rolls of the concerned Ward of the Village Development Committee or Municipality where he or she is permanently residing, by removing his or her name from the Electoral Rolls of the Ward of other Village Development Committee or Municipality; and where the Enrollment Officer himself or
herself, the name of such voter shall be removed from the Electoral Rolls of the Ward of the Village Development Committee or Municipality, other than the Ward of the Village Development Committee or Municipality
where he or she resides permanently, by the Assistant Enrollment Officer, in the case of repetition of name within Wards of any Village Development Committee or Municipality and by the concerned Chief Enrollment Officer, in the case of repetition of name within any Village Development Committees or Municipalities within the district.
(3) Where an application is made pursuant to Sub-section (2) of Section 18, the Enrollment Officer shall, upon making necessary inquiry into the matter, maintain only one by removing the repeated name as prescribed.
(4) Where the repeated name is removed pursuant to this Section, the Enrollment Officer shall post a notice thereof at the concerned Ward Office of the concerned Village Development Committee   or Municipality.

20. Removal of name from the Electoral Rolls:

(1) Where a voter whose name is included in the Electoral Rolls dies or migrated permanently from the concerned constituency or renounces the citizenship of Nepalese or ceases to possess the qualification for
maintaining his or her name in the Electoral Rolls, any voter may give a notice indicating that matter to the Enrollment Officer within the time as fixed by the Commission.
(2) Where, while inquiring into the matter as prescribed, upon receipt of the notice referred to in Sub-section (1), such matter appears to be reasonable, the name of that voter shall be removed from the Electoral Rolls, as prescribed.
(3) Even though any notice is not received pursuant to Sub-section (1), where it appears from the records of the Local Registrar’s Office that any voter has migrated to elsewhere because of marriage or any other reason or has died, the Enrollment Officer may remove the name of such voter from the Electoral Rolls.
(4) Where a name is removed from the Electoral Rolls pursuant to this Section, the Enrollment Officer shall post a notice thereof at the concerned Ward Office of the concerned Village Development Committee or Municipality.

21. Publication of final Electoral Rolls:

(1) After completing the process of making claim, objection, holding inquiry and making amendment pursuant to this Chapter, the Enrollment Officer shall prepare the final Electoral Rolls of the concerned constituency and
publish the same as prescribed within the time as fixed by the Commission.
(2) While publishing the Electoral Rolls pursuant to Sub-section
(1), the names of one family shall, to the extent possible, be published  together at the same place.
(3) The Enrollment Officer shall send the final Electoral Rolls published pursuant to Sub-section (1) to the Commission within the time  as fixed by the Commission.

22. Review of Electoral Rolls:

(1) The Commission may review the final Electoral Rolls that it has received pursuant to Sub-section (3) of Section

21 within thirty-five days after the receipt of such rolls.
(2) Where, in reviewing the final Electoral Rolls pursuant to Sub- section (1), it appears that there is any substantial error in such Electoral Rolls, the Commission may give necessary direction to the concerned
Enrollment Officer to correct such error; and where such direction has been given, the concerned Enrollment Officer shall make necessary rectification in the Electoral Rolls as per the direction.
Explanation: For the purposes of this Sub-section, “substantial error” means such a situation as may give rise to a question about the validity of the Electoral Rolls owing to the fact that the names of the persons whose names have to be included in the Electoral Rolls pursuant to this Act have not been included therein or the name of the persons whose names have not to be included in the Electoral Rolls have been included therein.
(3) The Electoral Rolls rectified pursuant to Sub-section
(2) shall be published, after completing the procedures as referred to in this Act.

23. Special provision on inclusion of name:

(1) Notwithstanding anything contained elsewhere in this Act, where the name of a person who possesses the qualification to become a voter pursuant to this Act, and has obtained citizenship after the publication of the Electoral Rolls pursuant to Sub-section (1) of Section 21 or Sub-section (3) of Section 22

is not registered in the Electoral Rolls, such person may make an
application to the Chief Enrollment Officer within the period fixed by the
Commission, for the inclusion of his or her name in the Electoral Rolls.
(2) Where an application referred to in Sub-section (1) is received,
the Chief Enrollment Officer shall make necessary inquiry into the matter
include the name of such person in the Electoral Rolls, by fulfilling the
procedures as prescribed.

24. Prohibition on making alteration or change in final Electoral Rolls: No alteration, change or correction of any kind shall be made in the final Electoral Rolls published pursuant to Sub-section (1) of Section 21 other than the condition as set forth in Section 22 and 23.

25. Not to raise question in court: No question may be raised in any court about the following matters:
(a) As to whether or not the name of any person has been registered  in, or may or may not be registered in, the Electoral Rolls of any election constituency;
(b) As to the preparation of the Electoral Rolls by the enrollment Officer or the authorized person deputed by him or her or the alteration made by the concerned Official in the Electoral Rolls pursuant to this Chapter.

Higher Secondary Education Act, 2046

Higher Secondary Education Act, 2046
Amending Acts Date of Royal Assent and Publication 2046-7-11 (Oct. 27, 1989 A.D.)
1. Higher Secondary Education (First Amendment) Act, 2047 (1990) 2047-6-4 (Sept. 20, 1990)
2. Higher Secondary Education (Second Amendment) Act, 2049 (1992) 2050-2-20 (May 2, 1993)
3. Education and sports Related some Nepal Acts Amendment Act, 2063 2063-9-14 (Dec 29, 2006)
Act No. 21 of 2046 B.S.

An Act to Provide for Higher Secondary Education
Preamble:

Whereas, it is expedient to ………… maintain good conduct, friendliness and morality of people in general; in order to produce mid-level human resources of good quality having mobilized people’s participation for expanding knowledge, science, skills in various sectors and in order to create a level of higher secondary education having added one academic level of two years in the ten-year education
system which is in practice as the foundation of entry into higher education; Be it enacted by His Majesty the King Birendra Bir Bikram Shahdev the advice with and consent of the Rastriya Panchayat.

1. Short Name and Commencement:

1. Short Name and Commencement:
1.1 This Act may be called “Higher Secondary Education Act, 2046 (1989)”.
1.2 This Act shall come into force in the areas and on such date as prescribed in Notification as published by Government of Nepal in the Nepal Gazette#
.

 Deleted by Education and sports Related some Nepal Acts Amendment Act, 2063 # Appointed to be commenced since 12th of Falgun, 2046 (Feb. 23, 1990 A.D.) Nepal Gazette dated 2046-11-8 (Feb. 19, 1990 A.D.)

Chapter-3 

Chapter-3 Special Provisions Relating to Temporary Electoral Rolls
26. Preparation of temporary Electoral Rolls:

(1) Notwithstanding anything contained elsewhere in this Act, the Commission shall cause to be prepared separate temporary Electoral Rolls under its direct inspection, control, supervision and direction.

(2) The names of the following persons shall be included in the temporary Electoral Rolls referred to in Sub-section (1): (a) Employees serving in government offices, local bodies   or organizations owned or controlled by the
Government of Nepal;
(b) Persons staying in army or police barracks or combatants of Maoist army in cantonments;
(c) Prisoners or detainees in prisons;
(d) Employees and security personnel deputed in election  or polling centers.

27. Name not to be included in temporary Electoral Rolls:

The name of a person who has not possessed the qualification referred to in Clauses (a) and (b) of Sub-section (1) of Section 5 shall not be included in the temporary Electoral Rolls.

28. Preparation of temporary Electoral Rolls of employees serving in government offices, local bodies or organizations owned or controlled by Government of Nepal:

(1) The Enrollment Officer shall prepare or update, or perform all other necessary functions pertaining to,
the temporary Electoral Rolls of the employees serving in government offices, local bodies or organizations owned or controlled by the Government of Nepal.
(2) The names of the employees serving in government offices, local bodies or organizations owned or controlled by the Government of Nepal shall be included in the separate temporary Electoral Rolls of the Ward of the Village Development Committee or Municipality where the offices in which they are serving are situated. The
names of the persons whose names are included in the Electoral Rolls so prepared shall be considered to be registered as temporary voters.

(3) The names of the employees serving in government offices, local bodies or organizations owned or controlled by the Government of Nepal shall be registered based on the name-lists certified by the offices concerned.
(4) Notwithstanding anything contained elsewhere in this Section, where the name of an employee serving in any office has been registered, by the reason of his or her residence, in the Electoral Rolls of the Village Development Committee or Municipality where his or her office is situated, the name of such employee shall not be registered in
the temporary Electoral Rolls pursuant to this Section.

29. Preparation of temporary Electoral Rolls of persons staying in army
or police barracks or combatants of Maoist army in cantonments:

(1) The Enrollment Officer shall prepare or update, and perform all other necessary functions pertaining to, the temporary Electoral Rolls of the persons staying in army or police barracks or combatants of Maoist army
in cantonments.
(2) The names of the persons staying in army or police barracks or combatants of Maoist army in cantonments shall be included in the separate temporary Electoral Rolls of the Ward of the Village Development
Committee or Municipality where the army or police barracks or cantonments are situated. The names of the persons whose names are  included in the Electoral Rolls so prepared shall be considered to be
registered as temporary voters.
(3) The names of the persons staying in army or police barracks or combatants of Maoist army in cantonments shall be registered based on the name-lists certified by the officials responsible for the management of the concerned army or police barracks or cantonments.

30. Preparation of temporary Electoral Rolls of prisoners or
detainees in prisons:

(1) The Enrollment Officer shall prepare or  update, and perform all other necessary functions pertaining to, the
temporary Electoral Rolls of the prisoners or detainees in prisons.
(2) The names of the prisoners or detainees in prisons shall be included in the separate temporary Electoral Rolls of the Ward of the Village Development Committee or Municipality where such are situated.
The names of the persons whose names are included in the Electoral Rolls so prepared shall be considered to be registered as temporary voters.
(3) The names of the prisoners or detainees in prisons shall be registered based on the name-lists certified by the jailer of the concernedprison.

31. Preparation of temporary Electoral Rolls of employees and
security personnel deputed in election or polling centers:

The Commission shall prepare the temporary Electoral Rolls of the employees and security personnel deputed in election or polling centers at the time of their deputation in polling centers and provide such rolls to the concerned polling officers.

32. Publication of and objection to temporary Electoral Rolls:
(1) The Electoral Rolls collected pursuant to this Chapter shall be published in such place and time as fixed by the Commission.
(2) Where the name of any person is omitted from the Electoral Rolls published pursuant to Sub-section (1), and where such person desires to get his or her name included therein, he or she may make an application, along with evidence to the environment officer in such time as fixed by the commission.
(3) Where there is any error in the name or details of any voter included in the Electoral Rolls published pursuant to Sub-section (1), the concerned voter or any of his or her family members may make an  application for the correction the same within such time as fixed by the Commission.
(4) Where any application is made pursuant to Sub-section (2) or (3), the Enrollment Officer shall inquire into such application as prescribed and where he or she finds that the name of the applicant has been omitted from the Electoral Rolls or there is any error in the details, he or she shall prepare the amended Electoral Rolls as prescribed by including the name of such voter or correcting the details as prescribed and publish the same within such time as fixed by the Commission.
(5) Where any voter considers that the name of any person cannot be included under this Chapter in the Electoral Rolls published pursuant to Sub-section (1), such voter may make an application objecting thereto,
accompanied by the reason for such objection, to the Enrollment Officer within such time as fixed by the Commission.
(6) Where an application is received pursuant to Sub-section (5), the Enrollment Officer may, where the matter is found reasonable upon making inquiry into the matter as prescribed, remove the name of such person from the Electoral Rolls.
(7) After completing the process of making claim, objection, holding inquires and making amendment pursuant to this Chapter, the Enrollment Officer shall prepare the final Electoral Rolls of the concerned
constituency and publish the same as prescribed within such time as fixed by the Commission.
(8) The Enrollment Officer shall forward the final Electoral Rolls published pursuant to Sub-section (7) to the Commission within such time as fixed by the Commission.
(9) The Commission may review the final Electoral Rolls that it has received pursuant to Sub-section (8).
(10) The Electoral Rolls reviewed pursuant to Sub-section (9) shall be published finally, after completing the procedures as referred to in this Act.
(11) No alteration, change or correction of any kind shall be made in the final Electoral Rolls published pursuant to Sub-section (10).

33. Use of temporary Electoral Rolls:

(1) The temporary Electoral Rolls prepared pursuant to this Chapter shall be used only for the purpose of voting ♣
in the election for Constituent Assembly to be held on the basis of proportional election system.
(2) A voter who is registered in the temporary Electoral Rolls referred to in this Chapter may, for the purpose of sub-section (1), cast vote in such polling center as designated by the Commission.

2. Definitions:

2. Definitions:

In this Act, unless the subject or the context otherwise requires;
2.1 “Higher Secondary Education” means the education to be imparted in classes eleven and twelve.
2.2 “Higher Secondary School” means a school imparting higher secondary education.
2.3 “Higher Secondary Education Examination” means the examination to be conducted at the end of the higher secondary education.
◊ 2.3a “Senate” means the Higher Secondary Education Senate formed under section 4A.
2.4 “Council” means the Higher Secondary Education Council formed under Section 5.
2.5 “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules or Byelaws framed under this Act.

Chapter-4 

Chapter-4 Offences and Punishment
34. Offences and punishment:

(1) Where one commits any of the following acts, one shall be deemed to have committed an offense referred
to in this Act:
(a) Getting his or her name registered in the Electoral Rolls by a person who is not a citizen of Nepal by impersonating that he or she is a citizen of Nepal;
(b) While collecting the necessary details in the course of the preparation of Electoral Rolls pursuant to this Act, getting one’s name registered or making application by one for the registration of one’s name by lying one’s name, surname, address, age or other details or making objection by one by

♣ ————————–
Amended by the Act Amending Some Election Nepal Acts, 2064

making such a lie;
(c) Intentionally inserting any matter to, over writing, correcting      any matter in the Electoral Rolls published pursuant to this Act or otherwise defacing, tearing or spoiling such Electoral Rolls;
(d) Intimidating, threatening or luring in any manner any employee deputed for the preparation of Electoral Rolls or
forcefully deviating such employee from carrying out his or her duty;
(e) Divulging secrecy of those documents or details of which secrecy is required to be maintained.
(2) A person who commits the offense referred to in Clause (a) of Sub-section (1) shall be punished with a fine not exceeding fifty thousand rupees or imprisonment for a term not exceeding six months or with both; and a person who commits any offense referred to in Clauses (b), (c), (d) and (e) of Sub-section (1) shall be punished with a fine not exceeding ten thousand rupees or imprisonment for a term not exceeding one month or with both.
(3) A person who attempts to commit or aids or abets the commission of any offense referred to in this Act shall be punished with half the punishment to be imposed on the principal offender.
(4) Notwithstanding anything contained in the laws in force, the Commission may, in accordance with the laws in force, take departmental action against any Enrollment Officer, Name Enumerator   or other employee involved in election who, with ulterior motive, does not include the name of any person required to be included pursuant to this
Act in the Electoral Rolls or includes the name of any person whose name has not to be included or makes any alteration or correction in the final Electoral Rolls.
35. Government to be a plantiff: A case to be instituted under this Act shall be a Government case.
36. Inquiry and investigation: The concerned District Election Officer of the concerned District shall carry out investigation and inquiry on a related to any offense referred to in this Act.

3. Schools Imparting Higher Secondary Education to get Affiliation:

3. Schools Imparting Higher Secondary Education to get Affiliation:
3.1 If a secondary school approved by Government of Nepal fulfills, the prescribed terms and conditions, the Council,  on the recommendation of District Education Committee and Department of Education May  grant affiliation to such secondary school as a school to impart higher secondary education.
3.2 If any individual or organization willing to operate higher secondary education fulfills the prescribed terms and conditions, the Council on the recommendation of District Education Committee and Department of Education may grant approval to the school to be established by such an individual or organization for imparting higher secondary education.

◊ Inserted by the Second Amendment.
∗ Amended by the Second Amendment.
 Inserted Education and sports Related some Nepal Acts Amendment Act, 2063

Chapter-5

Chapter-5 Miscellaneous
37. Not to affect matters relating to citizenship: By the reason only that the name of any person has been included or has not been included in the Electoral Rolls or temporary Electoral Rolls pursuant to this Act shall have no effect on any matter pertaining to his or her citizenship in accordance with the laws in force.

38. Not to be admissible as evidence for other purposes: The Electoral Rolls or temporary Electoral Rolls prepared pursuant to this Act shall not be admissible as evidence for other purposes except for the purpose of polling and except where the laws in force contain special provisions.

39. To certify as voter: Where a voter whose name is registered in the Electoral Rolls of any election constituency makes an application, as prescribed, for the certification of that matter, the Commission or the
Official authorized by the Commission shall certify the same as prescribed.

40. To render assistance: It shall be the duty of all the concerned to render necessary assistance as required by the Enrollment Officer while preparing the Electoral Rolls or temporary Electoral Rolls pursuant to this Act.

41. Co-operation committee: The Commission may form Co-operation Committee consisting of representatives of political parties at the local level to render assistance in collecting names and updating the Electoral Rolls or temporary Electoral Rolls pursuant to this Act.

42. Power to enforce provision relating to Voter Identity Card:
(1) The commission may, by a notification in the Nepal Gazette, make provision that the voters of a particular constituency as may be specified in the same notification or all election constituencies have to obtain a voter identity card to cast vote.
(2) Where provision is made pursuant to Sub-section (1), the voters in such constituency shall produce the voter identity card to cast vote.
(3) Other provisions relating to the voter identity card shall be as prescribed.

43. Validity of Electoral Rolls:

(1) The Electoral Rolls prepared pursuant to the laws prevailing prior to the commencement of this Act
may be taken as the basis pending the preparation of Electoral Rolls in accordance with this Act.
(2) Notwithstanding anything contained elsewhere in this Act, the Electoral Rolls collected or updated after the commencement of this Act shall be valid for the purposes of any election to be held pursuant to the laws in force.

44. Power to frame rules: The Commission may frame necessary Rules  in order to carry out the objective of this Act.

45. Power to prepare Manuals: The Commission may prepare and enforce Manuals, as required, subject to this Act and Rules framed under this Act.

46. Power to issue Orders:

(1) The Commission may issue Orders, as required, for the implementation of this Act and the Rules and Manuals
made under this Act.
(2) It shall be the duty of all the concerned to abide by the Orders issued pursuant to Sub-section (1).

47. Repeal and saving:

(1) The Act relating to Electoral Rolls, 2052 (1995) is, hereby, repealed.
(2) All acts and actions done and taken under the Act relating to Electoral Rolls, 2052 (1995) shall be deemed to have been done and taken under this Act.

4A. Formation of Senate of Higher Secondary Education:

◊ 4A. Formation of Senate of Higher Secondary Education:
4A.1 there shall be a Higher Secondary Education Senate for policy formation for enhancement of standard of education to be imparted by a higher secondary school and for maintaining coordination amongst such schools.
4A.2 There shall be the following members in the Senate referred to in Sub-section 4A.1: –
4A.2.1 Minister or Minister for State for Education and Sport –Chairperson
 4A.2.1a Person nominated by Government of Nepal from amongst educationists –Vice Chairperson
4A.2.2 ………
4A.2.3 President, Population and Social Committee, the House of Representatives –Member
4A.2.4 Two persons nominated by Government of Nepal from amongst the members of the National Assembly and the House of Representatives• –Member
4A.2.5 Member, The National Planning Commission (Education) – Member

◊ Inserted by the Second Amendment
Amended by the Education and sports Related some Nepal Acts Amendment Act, 2063
Inserted Education and sports Related some Nepal Acts Amendment Act, 2063
 Deleted by Education and sports Related some Nepal Acts Amendment Act, 2063
Interim Constitution of Nepal, 2063 does not provide for House of Representives.
• At present there is a Constituent Assembly in Nepal.
4A.2.6 Secretary, Ministry of Education, Culture and Social Welfare♣ –Member
4A.2.7 Secretary, Ministry of Finance –Member
4A.2.8 Vice Chancellors of the Universities established as per law –Member
4A.2.9 Five persons nominated by Government of Nepal from amongst the Headmasters of the higher secondary school getting affiliation  –Member
4A.2.10 One Representative of the Nepal University Teachers Association –Member
4A.2.11 Two persons nominated by Government of Nepal from amongst the presidents of recognized teachers’ organizations and associations –Member
4A.2.12 Two persons nominated by Government of Nepal from amongst the educations –Member
4A.2.13 One person nominated by Government of Nepal from amongst the donors donating higher secondary school getting affiliation and founders thereof – Member
4A.2.14 Person nominated by Government of Nepal –MemberSecretary

4A.3 The term of office of nominated members shall be of four years and they may be re-appointed upon expiry of the term of office.
4A.4 Procedures relating to meeting of the Senate shall be as prescribed.

 4B Functions, Duties and Powers of the Senate:

◊ 4B Functions, Duties and Powers of the Senate:
4B.1 The following shall be the functions, duties and powers of the Senate:-
4B.1.1 To guide the Council,
4B.1.2 To determine policies of the Council and to provide and cause  to provide for its effective implementation,
4B.1.3 To evaluate or cause to evaluate whether or not there is quality development of higher secondary education,
4B.1.4 To approve annual budget and programs of the Council,
4B.1.5 To cause to prepare long-term plan and to make necessary arrangement for its implementation,
4B.1.6 To give necessary directives to any agency or authority under the Council,
4B.1.7 To carry out or cause to carry out other functions under this Act or Rules framed thereunder.

5. Formation, Functions, Duties and Powers of Higher Secondary Education Council:

5. Formation, Functions, Duties and Powers of Higher Secondary Education Council:
5.1 There shall be a Higher Secondary Education Council as follows for the operation of functions of the Higher Secondary Education Senate: –
5.1.1 Chairperson of the Senate – Chairperson
5.1.2 Vice-Chairperson of the Senate –Vice ,,
5.1.3 Four persons nominated by the Chairperson on the recommendation of the Senate from amongst the members of the Senate –Member

◊ Inserted by the Second Amendment
∗ Amended by the Second Amendment.
65.1.4 Member-Secretary of the Senate –Member Secretary
5.2 The term of office of the members nominated to the Council shall be four years and they may be re-appointed upon expiry of their term of office.
5.3 Functions, duties and powers of the Council shall be as prescribed.
 5.3a Functions, Duties, Powers and other condition of service of the vice chairperson shall be as prescribed.
5.4 …………
5.5 Procedures relating to meeting of the Council shall be as prescribed.