Chapter-10

Chapter-10
Miscellaneous
43. Power to appoint woman Labor Attaché: In appointing the Labor Attaché pursuant to sub-section (l) of Section68, a woman Labor
Attaché may be appointed from amongst the women officers who ha ve possessed the qua lification for a country where one thousand or more women workers have been sent for foreign employment.

44. Provision of facility for re patriation of earning to Nepal: If any Nepalese worker repatriates the earning earned by him or her abroad to Nepal through a bank or an institution licensed to provide banking service pursuant to Sub-section (3) of Section 69 of the Act, the
Go vernment sha ll provide the worker with such facility as prescribed by publishing a notification in the Nepal Gazette.

45. Criteria for making reward to licensee: (l) On recommendation of the Board, the Government of Nepal shall, pursuant to Section 7l of the Act, make reward to the excellent licensee, on the basis of the criteria set forth in Rule3.
(2) A licensee that has been rewarded once pursuant to Sub-rule (l) shall not generally be rewarded until other three years.

46. Expert committee: (l) There shall be an expert committee as follows to make decision as to whether a false health check up report has been give n or not pursuant to Sub-section (3) of Section 72 of the Act: (a) Doctor of eleventh or twelfth level designated by the
Ministry of Health and Population – Chairperson
(b) Doctor designated by Nepal Medical Board -Member
(c) Law officer at the Ministry of labor and Transport  Management  -Member
(d) Chairperson or representative of Nepal Health  Practitioners’ Federation -Member
(e) A person designated by the Ministry of Labor and -Member

Transport Management from amongst the person who have returned from foreign employment.

(2) If the expert committee formed pursuant to Sub-rule (1) so considers necessary, it may in vite an expert in the concerned filed to
participate its meeting as an observer, and seek his or her opinion or advice.
(3) The chairperson and members of the expert committee formed pursuant to Sub-rule (1) shall receive such meeting allowance as
specified by the Board.
(4) The expert committee formed pursuant to Sub-rule (1) may form a Sub-committee consisting of experts in the concerned filed to
perform such functions as required to be performed by it pursuant to the Act or this Regulation.
(5) The other provisions relating to the meeting of the expert committee formed pursuant to sub-rule (1) shall be as determined by
the committee itse lf.
(6) The Law Section at the Ministry of Labor and Transport Management shall act as the secretariat of the expert committee formed
pursuant to Sub-rule (1).

47. Provisions relating to branch office:(1) It a licensee intends to open a branch office in a country to which it has sent workers, the licensee shall make an application, setting out the Following details, to the Department for approval to that effect:
(a) The country and place where the branch office is to be opened,

(b) Detailed action plan, physical infrastructures and  human resources for the operation of the branch
office,
(c) Description that at least five hundred Nepalese workers have been set to the country where the branch office is intended to be opened and such workers are involved in fore ign employment there, (d) Certified copies of the certificate showing that the
main person operating the branch office has obtained at least bachelor’s degree and his or her citizenship certificate.
(2) If a licensee intends to open a branch office within Nepal, the  licensee shall make an application, setting out the following deta ils, to
the Department for approva l to that effect:
(a) The place where the branch office is to be opened,
(b) Detailed action plan, physical infrastructures and human resources for the operation of the branch office,
(c) Certified copie s of the certificate showing that the main person operating the branch office has obtained
at least bachelor’s de gree and his or her citizenship certificate.
(3) lf, upon making necessary examination of any application received pursuant to sub-rules (l) and (2), the Deportment considers it
reasonable to give appro va l to open a branch office as demanded by the applicant, it may give approva l to open the branch office.

48. Provisions relating to appointment of agent: (1) If any licensee intends to appoint its agent within Nepal, it sha ll make an application,
setting out the bio-data of the person proposed to be appointed as agent, to the Department.
(2) The qualification of the person proposed to be appointed as an agent pursuant to Sub-rule (1) shall be as follows:
(a) Able to read and write the Nepali language fluently,
(b) Able to make others understand matters relating to foreign employment,
(c) Not being punished for a criminal offense involving moral turpitude.
(3) If, upon making examination of any application received pursuant to Sub-rule (2), the Department considers the demand of the
licensee to be reasonable, it may give permission to appoint an agent within Nepal, by collecting a cash deposit of two hundred thousand
rupees from the licensee.
(4) If any licensee intends to appoint any agent in a country where it has sent workers, it shall make an application, setting out the
bio-data of the person proposed to be appointed as the agent, to the Department.
(5) The qualification of the person proposed to be appointed as an agent abroad pursuant to Sub-rule (4) shall be as follows:
(a) Being a citizen of Nepal,
(b) Having obta ined at least bachelor’s degree,
(c) Not being punished for a crim inal offense involving moral turpitude.

(6) If, upon making examination of any application received  pursuant to sub-rule (4), the Department considers the demand of the
licensee to be reasonable, it may give permission to appoint an agent in the country where the licensee has sent workers, by collecting a cash deposit of two hundred thousand rupees from the licensee.
(7) If, upon making examination of any application received pursuant to Sub-rule (1) or (4), the Department does not consider it
reasonable to give permission for the appointment of agent as per the demand of the applicant, it shall give information thereof, setting out the reason for the same, to the licensee.
(8) The licensee shall give the identity card as prescribed to the agent appointed pursuant to this Rule.
(9) The identity card given pursuant to Sub-rule (8) shall be got renewed each year.
(10) Notwithstanding anything conta ined e lsewhere in this Rule, no person shall be an agent of more than one licensee.
(11)If any licensee intends to remove any of its agents, the licensee may remove such a gent, by giving information that such agent
has settled its obligations.
(12) If any licensee makes an application, a long with the information of the remova l of an a gent pursuant to Sub-rule (11), for
the refund of deposit furnished by it, the Department shall refund such deposit.
(13) The licensee shall publish a notice each year in a newspaper of nationa l c irculation setting out the names, surnames and addresses of
agents appointed pursuant to this Rule.

49. Facilities to be provided to licensee: The facilities prescribed by the Go vernment of Nepal upon a notification in the Nepal Gazette sha ll be  provided to the licensee while doing transaction of foreign currency in  the course of carrying on the foreign employment business pursuant to Section 77 of the Act.

50. To maintain records: The licensee shall ma inta in records of each worker sent by it for fore ign employment, in the form referred to in
Schedule 6.

51. Details to be set out in annual report: A licensee shall set out, inter alia, the number and condition of workers sent by the licensee for
foreign employment throughout the year, details relating to prior approval and labor permit, details of branch offices and a gents,
amounts collected from workers as the service fees or promotional expenses and deta ils of improvements to be made in the future in
relation to fore ign employment in the annual report to be submitted  pursuant to Sub-section (2) of Section 80 of the Act.

52. Alteration or change in Schedule: The Ministry of Labour and Transport Management sha ll, by a notification in the Nepal Gazette,
make necessary alteration or change in the Schedule.

53. Repeal and saving: (l) The Foreign Employment Rules, 2056(l999) is, hereby, repealed.
(2) All acts done and actions taken pursuant to the Fore ign Employment Rules, 2056 (1999) shall be deemed to have been done and
taken under these Rules.