NEPAL

CHILD LABOUR (PROHIBITION AND REGULATION) ACT (NO.

14 OF 2000

PREAMBLE

WHEREAS it is expedient to prohibit the employment of children in

mills and factories, mines or similar other risky jobs, and make
necessary arrangements concerning children's health, security,
services and facilities while employing them in other jobs, now
therefore, the Parliament has enacted this law in the 29th.year of
the reign of His Majesty King Birendra Bikram Shah Dev.

CHAPTER I. PRELIMINARY

Section 1. Short Title and Commencement. (1) This law shall be

known as the Child Labour (Prohibition and Regulation) Act (No. 14
of 2000).

(2) It shall come into force on the date prescribed by His Majesty's'
Government by notification in the Nepal Rajapatra.

Section 2. Definitions. Unless otherwise meant with reference to

the subject or context, in this Act:

 (a) AChildren@ means children who have not completed 16

years of age.
 (b) AEstablishment@ means any mill, factory, organisation,
institution, firm or company or groups thereof established
under current law with the objective of operating any industry,
enterprise or service.
 (c) AGeneral Manager@ (AVvavasthapak@) means a person who
takes the final decision on matters concerning the activities of
an establishment; the term includes a person who has been
appointed as head of any branch or unit of an establishment
with authority to exercise the final power or responsibility.
 (d) ADay@ means a period of 24 hours beginning at midnight.
  (e) AWeek@ means a period of seven days beginning at
midnight on Saturday, or any other day prescribed by the
Labour Department.
 (f) APhysician@ means a physician prescribed by the Labour
Department.
 (g) AEligibility-certificate@ means a certificate issued under
Subsection 7 (4).
 (h) APrescribed or as prescribed@ means prescribed or in the
manner prescribed in the rules framed under of this Act.

CHAPTER II. PROHIBITION TO EMPLOY CHILDREN

Section 3. Prohibition to Employ Children. (1) No one shall employ

as labourers children who have not completed 14 years of age.

(2) No one shall employ children in any risky Job or enterprise

mentioned in the Schedule.

Section 4. Prohibition to Employ Children Against Their Will. No one

shall employ children as labourers against their will by luring or
misleading them or by subjecting them to any allurement or fear,
threat or pressure, or through any other means.

CHAPTER III. PROVISIONS CONCERNING EMPLOYMENT OF

CHILDREN

Section 5. Information to be Furnished. (1) Every General Manager

operating a risky job or enterprise mentioned in the Schedule at
.the time of the commencement of this Act must furnish a written
notice to the Labour Office explicitly mentioning the following
particulars within 30 days from the date of commencement of the
Act:

 (a) Name and address of the establishment,

 (b) Name and address of the General Manager,
 (c) Nature of the job or enterprise operated by the
establishment, and
 (d) Other particulars as prescribed.
 (2) Every General Manager operating any of the risky jobs or
enterprises mentioned in the Schedule after the commencement of
this Act must furnish a notice under subsection (1) to the Labour
Office within 15 days from the date of commencement of such job
or enterprise.

Section 6. Approval to be Obtained. (1) In case any establishment

is required to employ a child, it must obtain the approval of the
concerned Labour Office or any other agency or authority specified
by that Office, and the father, mother or the guardian of the child.

Provided that it shall not be necessary for an educational institution

or any institution established according to current law for the
protection of the rights and interests of children to obtain approval
for engaging children in activities or cultural programs to be
organised for the larger interests of children.

(2) While granting approval for engaging children in work under

subsection (1), the Labour Office may impose conditions on the
concerned establishment so as to develop the skills and
qualifications of and provide education to children, and it shall be
the duty of the establishment to comply with such conditions.

Section 7. Certificates of Eligibility to be Obtained. (1) Before

employing a child as a labourer, the establishment must obtain a
certificate of eligibility of the child to work as a labourer.

(2) For the purpose of obtaining a certificate of eligibility under

subsection (1), the establishment must submit an application to the
Labour Office mentioning the nature of the job to be done by the
child, and his age.

(3) On receipt of an application under subsection (2), the Labour

Office shall have the child's health examined by a physician.

(4) In case the medical examination of the child carried out by the
physician under subsection (3) shows that the child is capable of
working, the physician shall issue a certificate of eligibility in the
prescribed form.
 (5) The certificate of eligibility issued under subsection (4) shall
remain valid for one year.

(6) The concerned establishment shall have the certificate of

eligibility issued under subsection (5) renewed by the physician.

(7) The concerned establishment must itself bear the fees payable
for obtaining and renewing the certificate of eligibility.

(8) Every establishment which has employed children who have

completed 14 years of age at the time of the commencement of this
Act must obtain their certificates of eligibility within 30 days from
the date of commencement of this Act.

Section 8. Particulars to be Submitted. (1) Every establishment

employing children after the commencement of this Act must submit
to the Labour Office particulars explicitly mentioning the following
matters along with photographs of the children within 15 days from
the date of employment:

 (a) Name and address of the establishment,

 (b) Name and address of the General Manager,
 (c) Date of operation of the establishment,
 (d) Work or enterprise operated by the establishment,
 (e) Name, address and age of the child,
 (f) Name and address of the father, mother or guardian of the
child,
 (g) Date of employment of the child,
 (h) Nature of the job to be done by the child,
 (i) Remuneration and other facilities to be provided to the
child,
 (j) Certificate of eligibility of the child, and
 (k) Other particulars as prescribed.

(2) Every establishment employing children who have completed 14

years of age at the time of the commencement of this Act must
submit to the Labour Office the particulars mentioned in subsection
(1) within 30 days from the date of commencement of this Act.
 Section 9. Hours of Employment. (1) Children must not be
employed during the period between 6 pm and 6 am.

(2) Children must not be employed for a period exceeding six hours
a day and 36 hours a week, by paying extra remuneration or
otherwise.

(3) Children must be provided with a recess of half an hour after

working for three hours continuously every day, and one day's
holiday every week.

(4) The recess of half an hour given every day and one day's
holiday given every week under subsection (3) shall be taken as the
period of work.

(5) A child who has worked in an establishment must not be

employed again in another establishment the same day.

Section 10. Remuneration and Facilities. (1) The establishment

shall pay equal remuneration and facilities to children working as
labourers and performing similar work without any discrimination
based on sex, class, religion or community.

(2) The remunerations, allowances, leave and other facilities to

which children working in an establishment are entitled shall be as
prescribed.

(3) No General Manager shall employ any child in any establishment

in such a manner as to pay remuneration and facilities lower than
the remuneration and facilities prescribed under subsection (2).

Section 11. Arrangements Concerning Health and Safety of

Children. Arrangements to be made by the General Manager in
connection with the health and safety of children working in the
establishment shall be as prescribed.

Section 12. Dispute Concerning Age. (1) In the event of a dispute

regarding the age of a. child working in an establishment, the date
of birth mentioned in the birth registration certificate of the child
shall be recognized as his actual age.
 (2) In case any child has no birth registration certificate, the age
determined by a physician through his medical examination shall be
taken as his actual age.

Section 13. Register to be Maintained. (1) The General Manager

must maintain a register explicitly mentioning the following matters
concerning each child employed by the establishment:

 (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 employment,
 (e) Nature of work,
 (f) Working hours,
 (g) Recess hours,
 (h) Remuneration and other facilities, and
 (i) Other matters as prescribed.

(2) The establishment must allow the employee deputed, by the

Labour Office to inspect the register mentioned in subsection (1)
when demanded.

Section14. Notices to be Affixed. A notice containing information

relating to the jobs in which children may not be employed, the
remunerations, facilities and weekly holiday to which children are
entitled, and the penalties to be inflicted for having employed
children in jobs contrary to this Act, must be affixed at the notice-
board of the establishment by the General Manager on a mandatory
basis.

CHAPTER IV. PROVISIONS CONCERNING INSPECTION

Section 15. Inspection and Action. (1) The Labour Office may
depute any employee from time to time to inspect establishments
employing children.

(2) The General Manager must allow the employee deputed under
subsection (1) to enter into the establishment and conduct
necessary inspection at any time. The General Manager must also
make available to the employee so deputed for inspection anything
 sought to be seen by him or allow him to inquire about anything
sought to be inquired about by him.

Section 16. Removal From Employment. (1) In case it is found in

the course of inspection of an establishment under section 15 that
any child has been employed in a manner opposed to section 3 or
section 4, the employee who is conducting inspection shall order the
General Manager to hand over the child to his father, mother or
guardian and to remove him from employment as soon as possible.

(2) In case the child mentioned in subsection (1) has no father,

mother or guardian, or the whereabouts of his father, mother or
guardian is not known, the General Manager must keep him in a
Child Welfare Home or in any organisation looking after children.

(3) The establishment itself must bear the expenses to be incurred

for handing over the child to his father, mother or guardian, or the
expenses payable according to the rules of the concerned Child
Welfare Home or organisation looking after children for keeping the
Child in the Child Welfare Home or the organisation, under
subsections (1) and (2).

Section 17. Inspection Report. (1) The employee conducting

inspection under Section 15 must submit a report to the Labour
Office within 15 days from the date of completion of inspection
mentioning factual details as to whether or not the establishment
has employed any child in contravention of this Act, or whether or
not it has made arrangements, including those relating to the health
and safety of the children engaged in work, according to this Act
and the rules framed under this Act. The Labour Office may conduct
inquiries as prescribed into whether or not the employee deputed in
this manner has performed functions according to the order issued
under this Act, and whether or not the report submitted by him is
factual, and may also take action according to law if found
otherwise.

(2) In case the report submitted under subsection (1) shows that
any establishment has not made any arrangement to be made
under this Act and the rules framed hereunder, the Labour Office
shall give an order to the General Manager to make the concerned
arrangement by prescribing an appropriate time-limit to so.

(3) The General Manager must make arrangements according to the

order within the time-limit prescribed by the Labour Office under
subsection (2).

Section 18. Facilities to be Withheld. (1) In case the concerned

establishment does not take necessary arrangements according to
the order issued by the Labour Office under section 17, the Labour
Office shall write to the concerned agency to withhold for the
prescribed period the facilities to be provided to the establishment
under current law.

(2) In case any written request is received from the Labour Office in
relation to any establishment under subsection (1), the concerned
agency shall withhold the facilities to which the establishment is
entitled and furnish an information thereof to the Labour Office.

CHAPTER V. PROVISIONS CONCERNING PENALTIES APPEALS

Section 19. Penalties. (1) In case anyone acts in contravention of

subsection 3 (1), he shall be punished with imprisonment for a term
not exceeding three months, or with a fine not exceeding Rs
10,000, or with both.

(2) In case anyone acts in contravention of subsection 3 (2) and

section 4, he shall be punished with imprisonment for a term not
exceeding one year, or with a fine not exceeding Rs 50,000, or with
both.

(3) In case any General Manager takes any action in contravention

of section 6,7,8,9,10 or 11, he shall be punished with imprisonment
for a term not exceeding two months, or with a fine not exceeding
Rs 5,000 or with both.

(4) In case any General Manager takes any action in contravention

of section 5, 13, or 14, he shall be punished with imprisonment for
a term not exceeding two months, or with a fine not exceeding Rs
3,000, or with both.
(5) In case anyone takes any action, other than those mentioned in
subsection (1), (2), (3) and (4) in contravention of this Act and the
rules framed hereunder, he shall be punished with imprisonment for
a term not exceeding 15 days, or with a fine not exceeding Rs
1,000, or with both.

(6) In case anyone repeats any offense, even after being punished
once under subsection (1), (2), (3), (4) or (5), the punishment
mentioned in those subsections shall be doubled for each
subsequent offense.

Section 20. Complaints and Time-Limits. (1) The following persons

or institutions may lodge complaints with the appropriate Labour
Office in connection with the offenses punishable under this Act:

 (a) The employee conducting inspection of the establishment

under section 15.
 (b) The police of the concerned area.
 (c) The concerned child or his father, mother, or guardian.
 (d) The concerned Village Development Committee or
Municipality.
 (e) The establishment level Trade Union, or
 (f) Any agency or non-governmental organisation established
under current law and working for the protection of the rights
and interests of chi1dren.

(2) Complaints regarding any offense punishable under this Act

must be lodged within a year from the date of the offense.

Section 21. Power to Inflict Punishment. (1) The power to inflict

punishment under section 19 on persons violating this Act and the
rules framed hereunder shall vest in the Labour Office.

(2) In case the Labour Office is required to punish anyone with

imprisonment under subsection (1), it shall report the matter to the
Labour Court and take action as sanctioned by that Court.

Section 22. Appeals. Any person who is not satisfied with the
punishment inflicted by the Labour Office under section 21 may
appeal to the Labour Court within 35 days from the date of receipt
of the order of punishment.

Provided that in case the punishment of imprisonment has been

prescribed, appeals thereagainst shall be filed with the Appellate
Court.

CHAPTER VI. MISCELLANEOUS

Section 23. Child Labour Eradication Committee. (1) HMG shall

form a Child Labour Eradication Committee so as to obtain
necessary opinions and suggestions in regard to arranging for
health, security, education and vocational training of children
working in establishments, and for providing appropriate
employment to children, discouraging the employment of children
and eradicating child labour.

(2) Arrangements shall be made in the committee for an

appropriate representation of governmental and non-governmental
organisations and experts working in the field of child labour as
prescribed.

(3) The composition, functions, duties, powers and working

procedure of the Child Labour Eradication Committee shall be as
prescribed.

Section 24. Child Labour Eradication Fund. (1) HMG shall establish
a Child Labour Eradication Fund so as to arrange for health,
security, education and vocational training of children working in
establishments and for providing appropriate employment to
children, discouraging the employment of children and eradicating
child labour.

(2) The following amounts shall be credited to the Child Labour

Eradication Fund

 (a) Grants received from HMG.

 (b) Donations, fees, grants and assistance received from
national and international organisations and associations.
 (c) Amounts received from other sources.
(3) The Child Labour Eradication Fund and the amounts credited to
it shall be operated in the prescribed manner.

Section 25. Power to Issue Directives. (1) For the purpose of

implementing the objectives of this Act, HMG may issue necessary
directives to General Managers, Trade Unions, Child Welfare Homes
and organisations looking after children for the protection of the
rights and interests of children.

(2) It shall be the duty of all the concerned to comply with the
directives issued by HMG under subsection (1).

Section 26. Amendment in Schedules. (1) HMG may include other

risky jobs in the Schedule by notification in the Nepal Rajapatra.

(2) While including any risky job in the Schedule under subsection
(1), HMG may, if it so deems necessary, seek the opinion of the
Child Labour Eradication Committee.

(3) The Schedule shall be deemed to have been amended 30 days

after the publication of a notice under subsection (1).

Section 27. Power to Frame Rules. HMG may frame necessary

rules in order to implement the objectives of this Act.

Section 28. Repeal and Amendment. (1) In the 1992 Labour Act,

 (a) Subsection 2 (h) has been deleted.

 (b) The words "14 years" occurring in subsection 2 (i), have
been replaced by the words "16 years ".
 (c) Subsection 5 (1) has been deleted.
 (d) The following sections 32A and 32B have been added after
section 32:

Section 32A. Prohibition to Employ Minors Without Providing Them

With Adequate Instructions or Vocational Training. (1) Minors must
not be employed without providing them with adequate instructions
for vocational training in the concerned field.
 (2) Arrangements concerning the adequate instructions or
vocational training in the concerned field to be provided to minors
under subsection (1) shall be as prescribed.

(3) A General Manager who employs minors in contravention of

subsection (1) shall be punished with imprisonment for a term not
exceeding three months, or with a fine not exceeding Rs. 10,000, or
with both.

Section 32B. Dispute, Concerning Age. (1) In case any dispute

arises in connection with the age of any minor working in an
establishment, the date of birth mentioned in the minor's birth
registration certificate shall be recognised as his actual age.

(2) In case any minor has no birth registration certificate, the age
determined by having the minor medically examined by a physician
designated by the Labour Department shall be recognized as his
actual age.

(2) In the Child Act, 1992,

 (a) Sections 17 and 18 have been repealed.

 (b) Chapter 5 has been repealed.
 (c) The figures "17 or 18", occurring in subsections 53 (1) and
(6), have been deleted.
 (d) Subsection 53 (10) has been deleted.

Schedule
(Pertaining to Subsection 3 (2))
Risky Jobs or Enterprises

(a) Tourism, housing, motel, hotel, casino, restaurant, bar, pub,

resort, skiing, gliding, water rafting, cable car complex, pony
trekking, trekking, mountaineering, hot air ballooning, para-sailing,
gulf course, polo, horse-riding and other enterprises connected with
tourism.
(b) Workshop, laboratory, abattoir, cold storage and other service-
oriented enterprises.

(c) Public transport and construction enterprises.

(d) Cigarette and bidi manufacturing, carpet weaving and dyeing,

wool cleaning, textile weaving, washing, dyeing and printing,
leather processing, cement production and packing, production, sale
and supply of matches, explosives and other inflammable products,
production of beer, liquor and other beverages, production of soaps,
bitumen, pulp and paper, slates, pencils, insecticides arid,
lubricating oils, collection and processing of garbage, electroplating,
photo processing, and functions relating to rubber, synthetic,
plastic, lead and mercury,

(e) Activities relating to the generation, transmission or distribution

of energy from water resources, air, solar power, coal, natural oil or
gas, bio-gas, and similar other sources.

(f) Activities relating to the excavation, processing and distribution

of mines, minerals, natural oil or gas.

(g) Rickshaws or pushcarts.

(h) Functions such as those relating to cutting machines.

(i) Functions which are to be undertaken underground or under-

water or at high altitudes,

(j) Functions requiring contact with chemical materials, and

(k) Other risky jobs prescribed under current law.

Royal Seal Affixed on Asadh 7, 2057 (June 21, 2000)