qualification of workers, remuneration, facilities to which
workers are entitled and other terms of service of workers;
(f) “Director” means a director of an institution or licensee, and this
term also inc ludes an alternate directors.

5. Criteria and procedures for sending workers by making treaty or
agreement: In selecting required persons for the purpose of sending
workers by the Government of Nepal by making a treaty or agreement
with the government of a country ha ving diplomatic relations with
Nepal pursuant to Section 6 of the Act, selection sha ll be made in
accordance with the matters if any set forth in such treaty or agreement
and selection sha ll be made from amongst the persons who ha ve
fulfilled the following criteria and procedures in the case of the matters
not set forth in such treaty or agreement:
(a) Being able to read and write plainly,
(b) Having general information about the law, langua ge, culture of
and life style in the country to go for work,
(c) Having general information about occupationa l safety and health,
(d) Having obta ined the certificate of orientation training,
(e) Having obtained the fitness certificate from a recognized hea lth
institution,
(f) Having fulfilled such other procedures and criteria as may be
prescribed by the Steering Committee referred to in sub-section
(2) of Section 6 of the Act.

Chapter-3
Provision Relating to License
6. Provision relating to license: (1) An institution intending to carry on
the foreign employment business sha ll make an application in the form
referred to in Schedule 2, accompanied by the following documents and
details, to the Department for the license:
(a) A copy of the institution registration certificate,

(b) A certified copy of the memorandum of assoc iation
and articles of association of the institution,
(c) A certified copy of the permanent accounts number
certificate,
(d) A deta iled business action plan of the institution,
(e) A certified copy of the citizenship certificate of the
director,
(f) A certificate copy of the certificate showing that the
director has ga ined at least two years of experience as
a director, proprietor or manager in an institution
relating to fore ign employment or a financ ial,
business, trade or industria l body which has been in
operation continuously since five years ago,
(g) A proof showing the settlement of tax to be pa id to
the Government pursuant to the prevailing laws,
(h) The promoter or director has not been punished for a
crim inal offense in volving moral turpitude,
(i) Not being a director of an institution of which license
has been canceled.
(2) If, upon making necessary inquiry into an application made
pursuant to Sub-rule (1), it appears appropriate to grant the license to
such institution to carry on the fore ign employment business, the
Department shall grant the license in the form referred to in Schedule
3, upon collecting the license fee of twenty thousand rupees and a proof
indicating the submission of the deposit or bank guarantee referred to
in Sub-section (2) of Section 11 of the Act.

7. Term of bank guarantee: (1) The term of bank guarantee as referred
to Sub-section (2) of Section 11 of the Act shall be a minim um of five
years.
(2) The term of such bank guarantee shall be got renewed for
another term and the renewed bank guarantee shall be subm itted to the
Department prior to one year of the expiration of the term of bank
guarantee.
8. Renewal of license: (1) A license shall get its license renewed by
submitting the following deta ils no later than the last day of the month
of Ashad (about Mid July) of each financial year:
(a) A receipt indicating the submission of the income
return for the pre vious financia l year or e vidence
showing the payment of income tax,
(b) Number of workers sent for foreign employment in
the previous financ ial year and their condition.
(2) A licensee who gets the license renewed for three years at the
same time pursuant to sub-section (3) of Section 12 of the Act sha ll get
the license renewed no later than the last day of the month of Ashad
(about Mid July) of the year when the renewal period expires.
(3) In getting the license renewed, the renewal fee shall be pa id
at the rate of ten thousand rupees for one financ ial year.
(4) A licensee who intends to get renewed the license which has
not been renewed within the time-limit referred to in Sub-rule (1) may
get the license renewed no later than the last day of the month of Aswin
(about Mid October) of the same financ ial year by paying the additional
renewal fee at the rate of ten thousand rupees for each month, in
addition to the renewal fee referred to in Sub-rule (3). A licensee who

fails to ge t such license renewed shall not be entitled to carry on the
foreign employment business.
(5) Notwithstanding anything contained elsewhere in these Rules,
if a licensee who has not been able to get the license renewed owing to
the occurrence of an event beyond control from 16 Bhadra 2061 (Sept.
1, 2004) to the date of commencement of this Re gulation pays back the
advance, if any, taken from the deposit furnished by it, makes an
application setting out that matter to the Department for the renewal of
license no later than Ninety days after the date of commencement of
this Re gulation and the contents of application appears reasonable, the
license may be renewed for one time, by collecting the renewal fee at
the rate of Fifty Thousand Rupees for each year.
9. Information on cancellation of license to be given: In the event of the
cancellation of license pursuant to Section 13 of the Act, information
thereof shall be given to the licensee.
10. Refund to be made: If the license obtained by a licensee is canceled
pursuant to Section 13 of the Act and its is proved that the licensee has
collected the service fee or any amount from any person to send a
worker for foreign employment prior to such cancellation, the amount
so collected sha ll be refunded to the concerned person no later than one
month of the date of cancellation of license.
11. Deposit to be refunded and bank guarantee released: (1) If any
license is canceled pursuant to Section 13 of the Act, the licensee shall
make an application to the Department to have the deposit furnished
while obtaining the license refunded or the bank guarantee released.
(2) An application made pursuant to sub-rule (1) shall a lso
indicate whether any amount is due and payable to any person or not

(3) If an application is received pursuant to Sub-rule (1), the
Department shall publish or broadcast a notice in at least two da ily
newspapers of national c irculation and other means of communication
as required, indicating that such licensee applied for the refund of the
deposit or the release of bank guarantee furnished by it by the reason of
the cancellation of the license obtained by it, inviting any one to make
cla im, accompanied by proof and evidence, for the refund of the service
charge or any amount where such licensee has not sent for fore ign
employment by collecting such charge or amount, within thirty five
days.
(4) Where any person makes a claim within the time-lim it of the
notice published or broadcast pursuant to Sub-rule (3) and upon
examination of the cla im, it is proved that the licensee has sent any one
for fore ign employment by collecting an amount for fore ign
employment, the Department shall order the licensee to refund such
amount to the concerned person within fifteen days.
(5) Where the licensee does not refund the amount in
pursuance of the order referred to in Sub-rule (4), the Department
shall deduct the amount from the deposit or bank guarantee amount
furnished by the licensee and provide it to the person making claim
pursuant to Sub-rule (4).
(6) Where no one makes a claim within the time-limit of the
notice published or broadcast pursuant to Sub-rule (3) or where a claim
is made and the licensee refunds such amount within the time-limit set
forth in sub-rule (4), the Department shall refund the remaining deposit
or release the bank guarantee.

(7) Where the deposit or bank guarantee amount of the licensee is
not suffic ient to refund the amount, the shortfa ll amount sha ll be
recovered from the director in accordance with the prevailing laws.
(8) The expenses incurred in publishing or broadcasting the
notice pursuant to Sub-rule (2) sha ll be deducted from the deposit or
bank guarantee amount of the concerned licensee.

Chapter- 4
Provision Relating to Prior Approval and Selection of Workers

12. Application for prior approval:

A licensee shall make an application,  setting out the following deta ils, in addition to the details set forth in  Sub-section (1) of Section 15 of the Act, to the Department, in the form   referred to in Schedule 4, for prior approva l to send workers for foreign
employment:
(a) Deed of authorization given by the director to his or her agent to appear before the Department and do acts pertaining to it,
(b) A copy of the identity card of the a gent of the institution, as issued by the Department,
(c) A sample of advertisement to be published after prior approval has been given,
(d) A copy of the license,
(e) The service charge and promotiona l expenses which the licensee  is entitled to collect.

13. Conditions where prior approval is refused:

The Department shall  not give prior approva l to select workers on any of the following conditions, in addition to the conditions set forth in Sub-section (3) of Section 15 of the Act:

(a) The details set forth in the documents submitted by the licensee for prior approval are found to ha ve been corrected, are mutually
inconsistent, altered or added or deleted,
(b) The abroad-based Nepalese diplomatic mission or Labor Attache give s information in writing to the Department that it is not
appropriate to send workers to the country or employer institution providing foreign employment.

14. Details to be set out while publishing advertisement:

In publishing an advertisement pursuant to Section 16 of the Act, the following details sha ll be set out:
(a) Date of prior approva l obtained from the Department and reference number thereof,
(b) Name and address of the licensee and license number,
(c) Name and address of the employer country and employer institution,
(d) Post of worker,
(e) Number of workers demanded,
(f) Description of work to be done by the worker,
(g) Required minimum qualification of the worker,
(h) Provisions relating to quarter and food facilities to be provided to the worker,
(i) Monthly remuneration to be received by the worker,
(j) Period of da ily and weekly work to be done by the worker,
(k) Place and deadline for subm ission of application,

(l) Provisions relating to insurance and medical fac ilities of the worker,
(m) Provision relating to a ir ticket expenses to be incurred by the worker to go for and come from employment,
(n) Tota l expenses including the service charge and promotional expenses to be paid by the worker,
(o) Method, place and date for the selection of workers,
(p) The number of reservations made in the number as prescribed by the Government of Nepa l to the women, Dalit, indigenous
nationa lities, oppressed class, backward area and class and people of remote areas pursuant to Section 9 of the Act,
(q) Such other matters as specified by the Department.

15. Application to be made: After an advertisement is published pursuant to Rule 14, a person who intends to go for foreign employment sha ll make an application, accompanied by the details of his or her qualification, training and experience, in the form referred to in
Schedule 5, to the licensee.

16. Grounds for selection of workers:

(1) The licensee sha ll select workers on the follow ing grounds, from amongst the application made
pursuant to Rule 15:
(a) Qualification, training and experience set forth in the demand letter,
(b) Age and physica l fitness of the applicant,
(c) Skill-oriented training in case of skilled and sem iskilled worker,

(d) Reservation provided in the number as prescribed by the Government of Nepal to the women, Dalit, indigenous nationa lities, oppressed c lass, backward area and class and people of remote areas pursuant to Section 9 of the Act.
(2) The Department may give necessary direction in writing to the licensee in relation to the criteria and procedures for the selection
of workers in addition to the grounds set forth in Sub-rule (1).
(3) It shall be the duty of the concerned licensee to observe the direction given pursuant to Sub-rule (2).

Chapter- 5
Provisions Relating to Approval for Sending Workers
17. Provisions relating to labour sticker: While writing to the
Department for the labor sticker pursuant to Sub-section (1) of Section
19 of the Act, the licensee shall also set out the following particulars:
(a) A list of selected workers,
(b) Receipts of payment of amount to the Fund on behalf of workers,
(c) Copies of passports and visas of workers,
(d) In the event of the need to use a foreign airport, details of exit
point and flight schedule,
(e) Status of implementation of the direction given by the
Department on complaints made in re lation to the selection of
workers,
(f) Such other matters as may be specified by the Department.

18. To make registration at departure point while going outside Nepal:
(1) While going outside Nepal with the permission of the Department to
use a foreign a irport pursuant to Sub-section (2) of Section 22 of the
Act, the worker shall make registration setting out the following deta ils
with the imm igration Office at the departure point:
(a) Name, surname and address of the worker,
(b) Country to which the worker is going for fore ign
employment,
(2) In making registration pursuant to Sub-rule (1), the following
documents sha ll a lso be submitted with the imm igration Officer at the
departure point:
(a) Copies of passport and visa,
(b) A copy of the labor sticker.
19. Other provisions relating to insurance: (1) A licensee shall, while
sending workers for foreign employment procure insurance from an
insurer recognized under the prevailing laws.
(2) The provisions relating to the premium payable for procuring
insurance pursuant to Sub-rule (1) and payment thereof shall be as
provided in the agreement made between the insured and the insurer.
(3) If there is a difference in the insurance premium and liability
by the reason that any licensee, who has made a contract with any
worker to work in one company, has engaged the worker in another
company or work that is different than that set forth in the contract, the
licensee shall bear such different liability.

Chapter- 6
Provisions relating to Training
20. Orientation training to be taken:

(1) A worker who goes for foreign  employment shall, prior to going for fore ign employment, take  orientation training on the following matters:
(a) Foreign employment law of Nepal,
(b) Geographical situation, culture, life style, economic, social and political situation of the country where the worker goes for foreign employment,
(c) Language of the country where the worker goes for foreign employment,
(d) Labor, immigration laws and traffic rules of the country where the worker goes for fore ign
employment,
(e) H.I.V/AIDS, communicable diseases, sexual and reproductive health,
(f) Occupational safety and health,
(g) Easy and safe trave l,
(h) Conduct, treatment and security of workers,
(i) Repatriation of earning made abroad to Nepal in a simple, easy and safe manner.
(2) Notwithstanding anything contained in Sub-rule (1), a worker who has taken orientation tra ining once and gone for fore ign
employment sha ll not be required to take the orientation training aga in to go to the same country for foreign employment.

21. Submission of details to Department by institution providing
orientation training:

(1) An institution providing the orientation training to the workers who go for foreign employment sha ll, prior to
providing the training, submit the following details to the Department:
(a) A list of names of persons taking training,
(b) Names of trainers.
(2) After providing the orientation training, the institution providing the orientation training shall submit to the Department the
details of attendance of the persons who have taken the training.

22. Deposit and license fee: Any institution providing the orientation training to the workers who go for fore ign employment shall, in
obtaining the license, furnish a cash deposit on one hundred thousand rupees and the license fee of ten thousand rupees.

23. Term of license and renewal fee:

(1) The license obtained by an  institution providing the orientation training shall remain va lid for one financial year. Notwithstanding that the license has been provided at any date whatsoever, the term of such license shall expire at the end of
that financia l year.
(2) An institution providing the orientation tra ining may get the license renewed by submitting the following details no later than the
last day of the month of Ashad (Mid-July) of each financ ial year:
(a) Progress of the pre vious financ ia l year,
(b) Physical, financial and human resources of the institution,
(c) Evidence showing the payment of tax for the pre vious financ ial year in accordance with the preva iling laws,

(d) Such other necessary details as may be spec ifie d by the Department.
(3) While getting the license renewed pursuant to sub-rule (2), a fee of five thousand rupees shall be paid.
(4) Any institution which has obtained the license and been operating the training at the time of commencement of the Act may
make an application to the Department for the renewal of the license obta ined by it within one year after the date of commencement of this regulation; and if the Department, upon examination of such application, considers that the infrastructures, human resources as well
as other means and resources are adequate, it sha ll renew the license of such institution by collecting the deposit and the license fee referred to in Rule 22. The licensee who fa ils to ha ve renewal within such timelimit shall not be allowed to carry on the training business.
(5) If the license is not got renewed pursuant to Sub-rules (2) and (4), such license shall be canceled.
(6) Notwithstanding anything contained elsewhere in this Rule, if an institution providing the orientation training is found to ha ve
committed any act contrary to the Act and this Re gulation, the Department may suspend the license of such institution for a certain
period of cancel it.
(7) Prior to canceling the license pursuant to Sub-rule (6), the Department shall give a reasonable opportunity to the concerned
institution for defense.

Chapter- 7
Provisions Relating to Fund
24. Worker to pay amount to Fund:

Any worker who goes for foreign  employment sha ll, prior to going for foreign employment, pay to the Fund such amount as may be specified by the Government of Nepal.

25. Mobilization of deposit:

(1) The Department shall deposit seventy five percent amount of the cash deposit received pursuant to Sub-section (2)
of Section 11 of the Act in a fixed account to be opened with a commercial bank.
(2) Interest accrued from the amount deposited in the fixed account pursuant to Sub-rule (1) shall be paid to the Fund.

26. Use of Fund:

(1) The Fund sha ll be used for the following activities, in addition to the activities set forth in Section 33 of the Act:
(a) For Educationa l deve lopment of the families of the workers who ha ve gone for foreign employment and
those who have come back from foreign employment,
(b) For assistance in medica l treatment of the families of the workers who have gone for foreign employment,
(c) For the reimbursement of the fees paid by the women who have been selected for foreign employment to
obta in the orientation tra ining,
(d) For the establishment and operation of child care  centers for proper protection of the children of the
women workers who have gone for foreign employment,

(e) For launching various programs for the interest of the workers and their families,
(f) For launching public awareness programs about foreign employment,
(g) For running day-to-day activities of the Board.
(2) Notwithstanding anything conta ined in c lause (f) of Sub-rule (1), the operational expenses of the Board shall not be more than
twenty five percent of the interest earned pursuant to Sub-rule (2) of Rule 25.

27. Operation of Fund:

(1) The amounts to be paid to the Fund sha ll be  deposited in any commercial bank specified by the Board.
(2) The account of the Fund shall be operated by countersignature of the Executive Director and the accounts chief of the Board.

28. Financial assistance to be provided:

(1) If any worker who has gone  for foreign employment in accordance with the Act or these Rules dies due to any cause during the contract period, the nearest heir to the deceased worker may make an application to the Board for financial  assistance, no later than six months after the certification of the death  of the deceased worker.
(2) If, upon making necessary examination of the application received pursuant to sub-rule (1), the contents are found reasonable, the
Board shall provide a financ ial assistance of one hundred thousand rupees from the Fund to the heir to the deceased worker.
(3) If any worker who has gone for fore ign employment in accordance with the Act or these Rules gets mutila ted due to any cause
during the contract period, such worker may make an application, accompanied by the following details, to the Board for financial assistance, no later than sixty days after such worker has returned to Nepal:
(a) A copy of the contract,
(b) The prescription of hospita l proving mutilation.
(4) If, upon making necessary examination of the application  received pursuant to Sub-rule (3), the contents are found reasonable,
the Board sha ll provide a financial assistance not exceeding One Hundred Thousand Rupees from the Fund, based on the prescription of
hospital, nature and gravity of mutilation.

Chapter- 8
Provisions Relating to Board and Executive Director
29. Other functions, duties and powers of Board:   The functions, duties and powers of the Board, in addition to the functions, duties and
powers set forth in Section 39 of the Act, shall be as follows:
(a) To do, or cause to be done, study and research works on the opportunities and risks of foreign employment,
(b) To broadcast and publish, or cause to be broadcast and publish, awareness programmes on foreign employment through radio,
tele vision and newspapers in a regular manner,
(c) To prepare, or to be prepared, strategies and action plans on social security of workers,
(d) To establish safe homes for the women workers who ha ve gone for foreign employment and operate, or cause to be operated,
such homes.

30. Qualification of Executive Director: One shall ha ve the following qualification to be appointed to the post of Executive Director:

(a) Being a citizen of Nepal,
(b) Having gained at least master’s degree in any subject out of economics, law, management and public administration from a
recognized educationa l institution,
(c) Having completed the age of thirty five years,
(d) Having acted in the post of at least officer level in a governmental or non-governmental organization,
(e) Not ha ving been punished for a crim ina l offense involving moral turpitude,
(f) Not being a member of any political party or organization for the time being,
(g) Not being of unsound mind.

31. Fulfillment of post of Executive Director:

1) For the fulfillment of  the post of the Executive Director, there shall be a post fulfillment committee under the chairmanship of the secretary at the Ministry of Labour and Transport, consisting of the representatives of at least  Gazetted First Class of the Public Service Commission and the Ministry of Genera l Adm inistration.
(2) The post fulfillment committee referred to in sub-rule (1) shall, while making recommendation for the fulfillment of post, follow
the procedures specified by the Public Service Commission.

32. Circumstances where post falls vacant: The post of the Executive Director shall be deemed vacant in any of the following circumstances:
(a) If he/ she tenders resignation to the Government of Nepal,
(b) If his/ term expires,
(c) If he/ she dies,

(d) If he/ she ceases to possess the qua lification referred to in Rule

33. Power to remove Executive Director: The Government of Nepal may, at any time, remove the Executive Director from the post of Executive Director on the ground that he or she has committed any act contrary to the interest of the Board or committed bad conduct or has failed to perform duties honestly or suffered from incompetence. Provided that, prior to so removing from the post, he or she shall
not be deprived of an opportunity for defense.

34. Remuneration, terms and conditions of service and facilities of  Executive Director: The monthly remuneration of the Executive
Director shall be equivalent to that receivable by the Gazetted First Class officer of the Government of Nepal, and the other facilities
receivable by him/ her shall be as prescribe by the Government of Nepal.

35. Other functions, duties and powers of Executive Director: The other functions, duties and powers of the Executive Director, in addition to the functions, duties and powers set forth in Sub-section (5) of Section 41 of the Act, shall be as follows:
(a) To run the day-to-day activities of the Board,
(b) To prepare short-term and long-term plans, annual programs and budget of the Board and submit the same to the Board,
(c) To ca ll the Board meetings at such place, time and date as specified by the chairperson of the Board,
(d) Other functions as may be specified by the Board.

Chapter- 9
Provisions Relating to Tribunal
36. Exercise of jurisdiction of Tribunal:

(1) The three members shall  jointly exercise the jurisdiction of the Tribunal. Provided that the bench attended by one member may hear a case and the bench attended by two members may hear and settle a case.
(2) In the e vent that the bench is attended by all the three members, the unanimous opinion of the three members or the majority
opinion of two members shall be deemed to be the decision of the Tribunal.
(3) In the event that the bench is attended by two members only and the two members have the same opinion, that opinion sha ll be the
decision of the Tribuna l. Where they lack unanimity in opinion, the opinion of the cha irman, where the chairperson as well is present, and where the other the chairperson except the chairperson are present, the opinion of the senior member shall pre va il in the matters of
proceedings; and in the case of judgment or fina l order, it sha ll be submitted to the member who was absent first and the opinion
supported by him or her sha ll be deemed to be the decision of the Tribunal.
(4) Where each of the three members has a different opinion and majority cannot be established e ven after making submission to the
member who was absent first pursuant to sub-rule (3), a reference shall be made to the Supreme Court for decision.

37. Terms and conditions of service and facilities of chairperson and member of Tribunal: Allowance as prescribed by the Government of

Nepal shall be provided to the chairperson and members of the Tribunal for the day on which the bench is held.

38. Designation of registrar:

The Government of Nepal shall designate the  officer of at least Gazetted Second Cla ss of the Nepal judic ia l Service
as the register to carry out adm inistrative functions of the Tribunal, subject to general direction and control of the tribunal.

39. Functions, duties and powers of registrar:

The functions, duties and  powers of the registrar shall be as follows:
(a) To examine and check documents inc luding charge sheets, compla ints, petitions and (Vakalatnama) to be re gistered with the
Tribunal and register them if they are found in order or to refuse to register them indicating the reason for the same if they cannot
be registered,
(b) To verify the documents subm itted in relation to cases with the ir origina ls and certify the same if they are found in consonance,
and if some inconsistencies are found in the origina ls, to mark the same and get the concerned parties to sign them,
(c) To issues the summons and get the same served,
(d) To appoint dates for the appearance showing reasonable cause in relation to cases,
(e) To mainta in da iry of each case and maintain updated records of proceedings a lso indication the date appointed for making
presence for proceedings of each case,
(f) To record attorney and have cases taken over in accordance with the preva iling laws,

(g) To implement, cause to be implemented, the acts and actions in pursuance of orders made by the bench,
(h) To receive bail or guarantee in pursuance of orders made by the bench,
(i) To safe ly retain case-file s and documents of cases, look after the same and dispose documents required to be disposed in
accordance with the pre vailing laws,
(j) To allocate functions among the employees on the basis of workload,
(k) To perform such other administrative functions as required.

40. Venue: The venue of this Tribunal shall be situated within the  Kathmandu Valley. Its venue may also be he ld outside the Kathmandu
Valley in the e vent of necessity in view of the nature and subject of  cases.

41. Enforcement of decision: The decision made by the Tribunal shall be enforced, or cause to be enforced, by the District Court in accordance with the prevailing laws.

42. Prevailing laws to govern: In relation to the trail and settlement of  cases by the Tribunal, the matters contained in this Chapter shall be governed by this Chapter, and the other matters shall be governed by the prevailing laws.

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.

(b) No factual complaint has been filed in relation to foreign employment business or where a complaint has been filed, it has
been settled:
(c) No having been punished for an offense relating to fore ign employment or a period of five years has elapsed since the date
of the service of punishment, if any, imposed on the institution or promoter or director of the institution: 5
(d) Having sent workers for foreign employment business by providing reservation in the number specified by the Government
of Nepal to women, Dalit, indigenous nationalities, oppressed class, backward region and c lass, victims of natural calamities
and people of remote areas pursuant to Section 9 of the Act: 5
(e) Having sent more workers for foreign employment on quantitative and qualitative basis: 25 (20 marks for quantity and 5
marks for quality)
(f) Having opened branch offices in five development regions of Nepal: l0
(g) Having sent workers by collecting lesser service fees and promotional expenses: 5
(h) Having paid more revenue to the Go vernment of Nepal: 20
(i) Having good condition of financial, physica l and human resources: 5
(j) Having received reward pursuant to rule 45: l0

(8) Provision of employees:
(a) Number of whole-time employees:
(b) Number of part-time employees:
(c) Number according to standard:
(9) Description of available or proposed physica l resources:
(10) If the director has relation with other business transaction, description of
such transaction:
(11) Estimated number of workers to be sent for foreign employment within
coming two years:
(12) Name of country where workers are to be sent:
(13) Other rele vant matters.
The above matters are true and correct, if they are proved fa lse, I shall bear
and pay according to law.
Seal of institution:
Applicant’s:
Signature:
Name of director:
Name of institution:
Address:
Date:

Schedule 5
(Relating to Rule I5)
Format of application to be made by person intending to go for foreign
employment
To,
The Director,
…………………………..
Sir,
As I intend to go for foreign employment, I have submitted this
application, accompanied by the following details, in accordance with the
Fore ign Employment Act, 2064(2007) and the Fore ign Employment
Regulation, 2064(2008).
(l) Name of employer institution:
(2) Country where the applicant intends to go:
(3) Classification of post in which the applicant intends to work: Highly
skilled/skilled/semi-skille d/ unskilled
(4) Name of post in which the applicant intends to work:
(5) Name of newspaper in which the public notice has been published, and
date thereof:
(6) Name of institution from which orientation training has been taken:
(7) Minimum monthly remuneration to be received by worker as set forth in
the public notice :
(8) Personal details of worker:
(a) Name, surname of worker:
(b) Name, surname of father/mother:
(c) Address:
(a) Permanent
District:

VDC/Munic ipa lity:
Ward No.:
Telephone :
Email:
(b) Temporary:
District:
VDC/Munic ipa lity:
Ward No.:
Telephone :
Email:
(d) Date of birth:
(e) Re ligion:
(f) Citizenship/ passport number:
(g) Height: Feet Inch Weight: K G
(h) If married, name and age of husband or wife :
(i) Number of children:
(j) Language which the applicant can speak and write:
(l)
(2)
(3)
(k) Any other special knowledge or skill;
(9) Details of educational qua lification:
Degree received Name and address of educationa l institute
(a)
(b)
(c)
(d)
(10) Details relating to training:

Subject of training Name and address of institution providing
training taken
(a)
(b)
(c)
(d)
(11) Experience:
(12) Name, address and contact number of nearest person to contact in the
event of accident:
(13) Nominee’s:
(a) Name and surname:
(b) Address:
(c) Relationship:
The above matters are true and correct, if they are proved false, I shall bear
and pay according to law.
Applicant’s:
Signature:
Name
Date:

(Source: Nepal Law Commission)

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