Chapter – 3

Chapter – 3
Provisions Relating to Engaging a Child in Works
5. Information to be Given :

(1) Entrepreneur who has been operating risky business or activities referred to in the schedule at the commencement of this Act shall, within thirty days of the date of commencement of this Act, furnish written information to the labor office having mentioned the following particulars;–
(a) Name and Address of the Enterprise;
( b) Name and Address of the Entrepreneur;
(c) Nature of the business or activities conducted by the Enterprise, and
(d) Other particularls as prescribed.
(2) After the commencement of this Act, the Entrepreneur who operates risky business or activities referred to in the schedule shall, within fifteen days of
the date of operation of such business or activities, furnish the information referred to in Sub-section (1) to the labor office.

6. Approval to be obtained :

(1) In case any Enterprise has to engage a child in works, an approval has to be obtained from the concerned labor office or any
authority or official prescribed by that office and form the father, mother or guardian of the child.
Provided that no approval pursuant to this Section shall be required to engage a child in cultural programs or any activity for greater protection of interest
of children to be organized by an academic institution approved by Government of Nepal or by an organization established according to the prevailing law for
protection of rights or interests of children.
(2) While giving approval to engage a child in work pursuant to Sub- section (1), the labor office may impose appropriate conditions with the objective
of developing skills and qualifications of the child or providing education to the child, and the Enterprise shall have to follow it.

7. Qualification Certificate to be Obtained :

(1) Prior to engage a child as a labor in an enterprise, certificate of qualification has to be obtained that the child
is able to work as a labor.
(2) In order to obtain the certificate pursuant to Sub-section (1) the enterprise shall submit an application at the labor office stations the nature of the
work that the child has to carry out and his/her age.
(3) Upon receipt of the application pursuant to Sub-section (2), the labor office shall cause to conduct medical test of the child by a medical practitioner.

(4) The medical practitioner shall upon conducting medical test by the medical practitioner pursuant to Sub-section (3), give qualification certificate in
the prescribed format if such child seems fit for the work.
(5) The qualification certificate given pursuant to Sub-section (4) shall be valid for one year.
(6) The enterprise shall cause to renew the qualification certificate given pursuant to Sub-section (5) by the medical practitioner.
(7) The enterprise shall borne the fees to be paid for obtaining and renewing the qualification certificate .
(8) The enterprise engaging the children attaining the age of fourteen years at the commencement of this Act shall, within thirty days from the date of
commencement of this Act, have to obtain the qualification certificate.

8. Particulars to be Given :

(1) The Enterprise engaging a child in work after commencement of the Act shall, within fifteen days from the date of engaging in
the work, submit the following particulars along with photograph of such a child to the labor office: –
(a) Name and address of the enterprise,
(b) Name and address of the entrepreneur,
(c) Date of operation of the enterprise,
(d) Business or work conducted by enterprise,
(e) Name, address and age of the child,
(f) Name and address of the father, mother or guardian of the
child,
(g) Date of engaging the child in work,
(h) Nature of the work the child has to do,
(i) Amount of remuneration and other benefits the child is
entitled to,
(j) Qualification Certificate of the child, and
(k) Other Particulars as Prescribed.
(2) The enterprise engaging a child having attained the age of fourteen years at the commencement of this Act shall submit the particulars pursuant to
Sub-section (1) to the labor office within thirty days from the date of commencement of this Act.

9. Time to Engage in works :

(1) No child shall be engaged in work for a period after six o’clock at the evening to six o’clock at the morning.
(2) No child shall be engaged in work for more than six hours in a day and more than thirty-six hours in a week either giving or not giving additional
remuneration.
(3) A child is entitled to a leasure of half an hour after engaging in the work for a consecutive period of three hours and one-day leave given in every
week.
(4) The half an hour leasure time for each day and one day leave in every week shall be deemed to be the duration of work.
(5) A child already engaged in one enterprise shall not be caused to engage in the work of another enterprise on the same day.

10. Remuneration and Benefits :

(1) An enterprise engaging children as workers shall not discriminate on the grounds of sex, race, religion, caste or tribe and shall
provide equal remuneration and benefits for the same works.
(2) Remuneration, allowances, leaves and other benefits to be entitled to a child engaged in an enterprise shall be as prescribed.
(3) No entrepreneur shall engage a child in his/her enterprise providing less remuneration and benefits than the remuneration or benefits prescribed
pursuant to Sub-section 2.

11. Provision Relating to Health and Safety of Child :

The provisions to be made by an entrepreneur with regard to health and safety of the child engaged in an enterprise shall be as prescribed.

12. Disputes Relating to Age :

(1) In case of dispute relating to age of a child engaged in an enterprise, his/her age as per the date of birth referred to in the birth
registration certificate shall be deemed to be his real age.
(2) If any child is not having the birth registration certificate, the date determined upon examination by a medical practitioner shall be deemed to be
his/her actual age.

13. Registration Book to be Maintained :

(1) With regard to a child engaged in an enterprise, the entrepreneur shall maintain a registration book having stated the
following matters: –
(a) Name and Address of the child,
(b) Name and Address of the father, mother or guardian,
(c) Date of birth or age,
(d) Date of engaging in work,
(e) Nature of work
(f) Time for engaging in work,
(g) Time for rest
(h) Remuneration and other benefits
(i) Other matters as prescribed
(2) The registration book referred to in Sub-section (1) shall be given to the employees deputed from labor office as and when required.

14. Notice to be :

The entrepreneur shall compulsorily affix notices in notice board about the matters relating to works in which a child should not be engaged, the remuneration and benefits which a child is entitled to, facilities and weekly holiday and punishment to be imposed if child is engaged in works against this  Act.