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.