Fri. Dec 3rd, 2021

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Bonded Labour (Prohibition) Rules, 2067 (2010 AD)

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1. Short Title and Commencement:

(1) These Rules may be called “Bonded Labour (Prohibition) Rules, 2067”.
(2) These Rules shall come into force immediately

2. Definitions:

Unless the subject or the context otherwise requires, in these Rules:
(a) “Act” means the Bonded Labour (Prohibition) Act, 2058.
(b) ” Certificate” means the Certificate of Class Registration issued pursuant to Rule 14 of the Act.
(c) “Ministry” means the Ministry of Land Reform and Management.
(d) “Group” means the group of the freed bonded labors registered pursuant to  the Rule 14

3. Classification of Freed Bonded Labours:

Upon the recommendation of the Committee, the Ministry will classify the freed bonded labour to make their settlements, employment and engage in activities relating to income generation as follows:
(a)   Class “A” for those who do not possess a house and land in his/her own name or his/her family name.
(b)   Class “B” for those who are settling in public or government land and do not possess any land in his/her own name or his/her family name.(c)    Class “C” for those who possess up to two Kaththa land and a house in his/her own name or his/her family name.
(d)    Class “D” for those who possess more than two Kaththa land and a house in his/her own name or his/her family name.

4. To Issue Identity Card:

(1) The Welfare Officer shall issue the freed bonded labours identity cards based on the classification prescribed pursuant to Rule 3.
(2) While issuing identity card pursuant to Sub rule (1), red colored Identity Card shall be issued to the class ‘A’ freed bonded labours , blue colored Card to class the ‘B’ freed bonded labours, yellow colored Card to the class ‘C’
freed bonded labours, and white colored Card to the class ‘D’ freed bonded  labours.

5. To Recommend Land:

(1) The Committee shall ascertain land necessary for settlement and cultivation for the freed bonded labours, and recommend to the Ministry. (2) While recommending land pursuant to Sub-rule (1), the location of the land, plot number, four boundaries, area, including the number of the freed bonded labours that can be settled in the land shall be mentioned. (3) The Committee, while recommending pursuant to Sub rule (1), shall recommend the land which is the most suitable for settlement and cultivation from among the following lands: (a) Land, registered in the name of the Government of Nepal, government companies, Committees formulated by the
Government of Nepal, commissions or committees formulated pursuant to Development Committee Act, 2013 (1956 AD), but not used by the Government of Nepal, such a Committee or Commission,(b) Public or private land, devoid of dense forest and vegetation. (c) Land of community or forest area devoid of dense forest and vegetation.(d) Leftover land of public or government after separating the river-sides and river boundaries. (e) Public or government land located at the boundary of the plot of any person. (f) The land brought into the possession of the Government of Nepal again pursuant to Rule 10 after allotting it one-time to the freed bonded labours.

6. To Allot Land:

(1) The Government of Nepal shall allot a maximum of five Kaththa land from the lands recommended by the Committee pursuant to Rule 5 for settlement and cultivation for the family of the freed bonded labours of class‘A’ and ‘B’.
(2) While allotting land pursuant to Sub rule (1), as far as possible, the land being used by the freed bonded labours shall be allotted.
(3) Provided that it is not possible to allot land to the freed bonded labours  pursuant to Sub clause (1), the Government of Nepal may purchase land, and make an allotment.
(4) Notwithstanding anything written in the Sub rule (1) and (3), the freed bonded labours who have secured loans pursuant to these Rules for procurement of land, shall not be allotted land.

7. Ceiling of Land to be Allotted:

While allotting land to the freed bonded labours pursuant to Rule 6, allotment shall be made in the following areas, as follows:
(a) Maximum one Kaththa in the municipalities or bazaar areas adjoining the national highways.
(b) Maximum two Kaththas in the areas adjoining the national highways other than those of the division (a).
(c) Maximum five Kaththas in areas other than those of the divisions (a) and (b).

8. To Distribute Land Ownership Registration Certificate:

(1) Subsequent to  the decision of the Government of Nepal to allot land pursuant to the Rule 6, the Welfare Officer may issue Land Ownership Registration Certificates to the respective freed bonded labours.
(2) In the Land Ownership Registration Certificates in pursuance of Sub rule (1), it shall also be stated that such a land is not allowed to mortgage or transfer ownership by any reason.

9. Not Allowed to Mortgage or Transfer Ownership:

(1) the land allotted to the freed bonded labours by the Government of Nepal shall not be allowed to secure
the loan by mortgaging the land in any financial or other institution or transfer ownership to anybody by any reason.
(2) Notwithstanding anything written in Sub-rule (1), there shall be no restriction to share the property among the legal sharers of the freed bonded labour, and to transfer ownership to his/her heirs after his/her demise.

10. Shall Be Established in the Name of the Government of Nepal:

(1) Under one of the following situations, the land allotted to the freed bonded labour shall be removed from the name of the freed bonded labour and registered in the name of the Government of Nepal.
(a) After allotment of the land, if it comes to the light that somebody had obtained the land by submitting false documents of identity card of free bonded labour or based on such an identity card. (b) If the person himself/herself or his/her family does not settle in the land allotted to the freed bonded labour, or if the land is not occupied for a period of three consecutive years or more.
(c) Conditioned that he/she could not be settled in the land set for the freed bonded labours prior to these Rules came into force.
(2) In the event of Part (c) of Sub clause (1), the freed bonded labours will be allotted land elsewhere.

11. Shall be provided Money and Construction Materials:

Those freed bonded  labours of class ‘A’ and free bonded labours of class ‘B’ without a house or having houses but displaced from the place, who have been allotted land pursuant to these Rules, shall be provided money and timber onetime for construction of a house as decided by the Government of Nepal as a cost for construction of the  house.

12. Other duty, Responsibility and Authority of the Committee:

In addition to the duty, responsibility and authority stated elsewhere in the Act and these Rules, the
following shall be the duty, responsibility and authority of the Committee:
(a) To identify appropriate land for settlement of the freed bonded labours, and recommend to the Ministry.
(b) To prepare an up-to-date roster of those freed bonded labours who were allotted land for settlement pursuant to these Rules, those remaining to be allotted land, and those who received land but could not yet been
able to possess and use the land for various reasons. (c) To coordinate the programmes conducted by different agencies, nongovernmental institutions and organizations. (d) To assist in the effective implementation of the programmes introduced by the Government of Nepal for income generation, business and employment promotion of the freed bonded labours

13. Duty, Responsibility, and Authority of the Welfare Officer:

In addition to theduty, responsibility and authority mentioned elsewhere in the Act, and these Rules, the Welfare Officer shall have other duty, responsibility and authority as follow:
(a) To conduct income generating programmes through contact and coordination with different governmental and non-governmental organizations and institutions for the freed bonded labours.

14. To Form Groups:

(1) the freed bonded labours may form Groups consisting of at least twenty five families of the freed bonded labours for carrying out any income generating business in union.
(2) The freed bonded labours who choose to form a Group pursuant to Sub rule (1), may apply to the Welfare Officer for the registration of such a Group enclosing an application fee of Rupees fifty in the format prescribed in the Schedule- 1.
(3) On verification of the application along with the documents received pursuant to the Sub rule (2), and if found suitable to register the group, the Welfare Officer shall register the Group of the freed bonded labours and issue a certificate to the applicant in the format prescribed in the Schedule- 2.
(4) To facilitate the freed bonded labours in the registration of the Group pursuant to these Rules, the Ministry shall make provision of providing the bylaw of the Group through the Welfare Officer by preparing samples of other necessary documents.

15. Provision Relating to Renewal:

(1) the validity period of the Certificate shall remain till the end of fiscal year.
(2) The Group intending to renew the certificate shall apply to the Welfare Officer fifteen days before the expiry date of the Certificate with a renewal fee of Rupees fifteen. (3) On receiving an application pursuant to Sub rule (2), the Welfare Officer may renew the certificate.
(4) Notwithstanding anything written in Sub rule (2), if any Group  approaches for renewal within three months of the expiry of the certificate, the Welfare Officer may renew the certificate charging an additional fee of Rupees hundred

16. May send on Foreign Employment:

The Government of Nepal may make adequate provision for sending on foreign employment to those freed bonded labours that choose to go to foreign employment.

17. Loans may be Provided:

(1) The Government of Nepal may provide loan for one time for procurement of up to two Kaththa land to those freed bonded labours of class ‘A’ and ‘B’ who have not received lands pursuant to these Rules.
(2) The Government of Nepal may recommend to the concern entity for providing loans to the freed bonded labours of class ‘C’ and ‘D’ for operating a business.
(3) The Government of Nepal may provide loan on individual or Group basis to those freed bonded labours or Group who intend to do any income generating business.
(4) The Government of Nepal may provide loans for buying of airplane tickets to the freed bonded labours who intends to go to foreign employment.
(5) The loans pursuant to Sub rule (4) and (5) shall be provided from the amount accrued in the Fund.

18. May Request for Loan:

(1) In pursuance of Rule 17, if any freed bonded labour or a Group intends to secure loan, an application shall be submitted to the Welfare Officer in the format prescribed in Schedule -3.
(2) On verification of the application received pursuant to Sub rule (1), if found justifiable to provide loan to the applicant, the following authority or entity may provide the loan to the freed bonded labour or the Group.
(a) If it is up to a Rupees fifty thousand by the related Welfare Officer,
(b) If it is more than a Rupees fifty thousand, but less than Rupees hundred thousand by the Sub-committee.
(c) If it is more than Rupees hundred thousand by the Secretary of the Ministry on the recommendation of the Sub-committee.
(3) In pursuance of Part (b) of Sub rule (2), a Sub-committee, consisting of head of Revenue Office and head of Survey Office, shall exist in the coordination of the Welfare Officer.
(4) Notwithstanding anything written in Sub rule (2), the Secretary of the Ministry shall provide loans pursuant to Sub rule (1) and (5) of Rule 17 on the recommendation of the Committee.

19. Shall make an Agreement:

Following the decision to provide a loan pursuant to Rule 18, the Welfare Officer shall make an agreement with the freed bonded labour or the Group in the format prescribed in Schedule-4 before offering the loan.

20. Loan to be Expend for Related Work:

(1) the loan received by the freed bonded labours pursuant to these Rules shall be expended in the work for which the loan was taken. (2) The Welfare Officer may recover the loan amount anytime in the event that the freed bonded labour or Group expands the loan amount in contradiction to Sub rule (1).

21. Progress Report to be submitted:

(1) The Group shall submit a report with details of work progress to the Welfare Officer every three months.
(2) The Welfare Officer may inspect the work progress of the Group anytime and give necessary instructions to the Group.
(3) It shall be the responsibility of the Group to follow the instructions given pursuant to the Sub rule (2)

22. To Monitor:

(1) The Welfare Officer may or cause to monitor as regards to the used of the land allotted to the freed bonded labours along with whether the programmes initiated for income generation and employment for the freed bonded labours have been effective or not, and whether the freed bonded labours who received loans pursuant to these Rules have or have not used the loans as per the  Agreement.
(2) The Welfare Office shall submit reports with factual details following the follow-ups pursuant to Sub rule (1) regularly to the Ministry.

23. To Enforce by Preparing Working Procedures:

To implement these Rules, the Ministry may prepare necessary working procedures and enforce them.

24. May Change in the Schedules:

The Government of Nepal may change in the Schedules by publishing notices in the Nepal Gazette.

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