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Chapter – 6

Chapter – 6 Miscellaneous
23. Child Labor Prohibition Committee :

(1) Government of Nepal shall form Child Labor Prohibition Committee in order to provide for health, safety, education, vocational training to children engaged in an enterprise; in order to provide for appropriate employment for children; to discourage to have children involved in works and to get necessary suggestions and opinions for prohibiting
child labor.
(2) In such a committee, provision of appropriate representation of  governmental and non-governmental organizations and experts engaged in child
labor sector shall be made.
(3) The formation procedures, functions, duties and powers and procedures of the Child Labor Prohibition Committee shall be as prescribed.

24. Child Labor Prohibition Fund :

(1) Government of Nepal shall form a Child Labor Prohibition Fund for child working in an enterprise for their health, security, education, vocational training and for suitable employment of child to discourage to have children involved in works and to eliminate child labour.
(2) The following amounts shall be deposited in the Child Labor Prohibition Fund: –
(a) Grants amount received from Government of Nepal,
(b) Grants, donation, fee and amount of assistance to be received from various national and international organizations and
associations,
(c) Amounts to be received from other sources.
(3) Amounts to be deposited in the Child Labor Prohibition Fund and operation of the fund shall be as prescribed.

25. Directives May be Issued :

(1) Government of Nepal may, in order to execute objectives of this Act, issue necessary directives to the Entrepreneur, trade unions,
child welfare homes and child care organizations for protection of rights and interests of the children.
(2) It shall be the duty of the all concerned parties to abide by the
directives issued by Government of Nepal.

26. Alteration in Schedule :

(1) Government of Nepal may add more risky jobs in the schedule having published notice in the Nepal Gazette.
(2) While adding and risky job in the schedule, Government of Nepal may, if it deems fit, seek opinion of the Child Labor Prohibition Committee.
(3) After 30 days from the date of publication of the notice pursuant to Sub-section (1), the amendment shall be deemed to have been changed.

27. Power to Frame Rules :

In order to enforce objectives of this Act, Government of Nepal may frame necessary rules.

28. Repeal and Amendment :

In the Labor Act, 2048, the following amendments have been made.
(a) Clause (i) of section 2 is repealed.
(b) The words “of sixteen years” are substituted by removing the earlier words “of fourteen years of age”
(c) Sub-section (1) of section 5 has been repealed.
(d) After section 32, the following sections of section 32A and
32B are inserted: –
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  inor engaged in an enterprise, the age as per 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: –
(3) In the Children’s Act, 2048 (1991)
(a) Sections 17 and 18 have been repealed.
(b) Chapter 5 has been repealed.
(c) Words ’17’ and ’18’ appearing in Sub-section (1) and (6) of
section 53 have been deleted.
(d) Sub-section (10) of section 53 has been repealed.

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