Industrial Trainee Training Act, 2039 (1982)


Published: 1982

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Industrial Trainee Training Act, 2039 E
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Industrial Trainee Training Act, 2039 (1982)
Date of authentication and publication
2039-8-6 (21 Nov. 1982)
Amendments,
1. Administration of Justice Act, 2048 2048-2-16 (30 May 1991)
2. Republic Strengthening and Some Nepal
Laws Amendment Act, 2066 2066 -10- 7 (21 Jan. 2010)
Act Number 15 of the Year 2039
An act made to provide for provisions on industrial training
Preamble: Whereas, it is expedient to make provisions for industrial skill training
on industrial enterprises in order to enhance the involvement of Nepalese workers
in industrial activities;
Now therefore, be it enacted by His Majesty the king Birendra Bir Bikram
Shah Dev on the advice and with the consent of the Rastria Panchayat.
Chapter -1
Preliminary
1. Short title and Commencement: (1) This Act may be called "Industrial
Trainee Training Act, 2039 (1982)".
(2) This Act shall come into force immediately.
2. Definition: Unless the subject or context otherwise requires; n this Act;
(a) "Training" means the training to be conducted pursuant to this Act
for the purpose of providing industrial skill.

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(b) "Trainee" means a person who takes part in the training to be
conducted pursuant to this Act.
(c) "Advisor" means the training advisor appointed pursuant to Section
10.
(d) "Council" means the Training Council constituted pursuant to
Section 16.
(e) "Enterprise" means a company, firm or their group incorporated
under prevailing law with an object of carrying out an industrial
business.
(f) "Manager" means the manager of an enterprise.
(g) "Department" means Labour Department of Governmt of Nepal.
(h) "Prescribed" or "as prescribed" means prescribed or as prescribed in
Rules made under this Act.
Chapter-2
Provisions relating to training
3. Enterprise shall conduct training: The enterprise prescribed by the
Government of Nepal upon publishing a Notification n Nepal gazette shall,
subject to the provisions of this Act, conduct training.
4. Trainee shall sign an agreement: (1) Every trainee shall sign an
agreement as prescribed. Unless trainee signs such an agreement he/she
shall not be permitted to participate in the training.
(2) Manager shall forward a copy of the agreement singed by trainee
pursuant to Sub-section (1) to the Department and the Department shall
maintain the record of such agreements

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5. Incomplete training may be continued by other enterprise: (1) if an
enterprise fails to complete a training being conducted by it due to any
abnormal situation, the Manager shall, as soon as pos ible, give notice
thereof to the advisor. If any other enterprise is agreed to conduct such
incomplete training the manager shall set the details thereof in the said
notice.
(2) After the reception of the notice pursuant to Sub-section (1) the
Advisor shall discus with the concerned Manager and if the advisor finds
reasonable reasons, may approve to conduct such incomplete training by an
enterprise which has agreed to continue such training, if any,. In case no
enterprise has agreed to conduct such incomplete training and if it appears
that the concerned enterprise is unable to conduct the said training even in
near future, the Advisor may issue an order to an enterprise, which is under
his/her jurisdiction and capable to conduct such type of training, in order to
conduct the said training .In a condition where there is no capable
enterprise under his/her jurisdiction, the Advisor hall forward the notice in
writing to the Council.
(3) The earlier agreement concluded between an enterpris and a
trainee shall be deemed to have been concluded with the enterprise to make
complete the incomplete training pursuant to Sub-Section (2).
(4) The earlier enterprise, which failed to complete the training, shall
repay the total expenses to be required to conduct the incomplete training
pursuant to Sub-section (2) to the enterprise which conducts training to
complete the said training.
6. Termination of agreement: An agreement concluded between an
enterprise and a trainee shall be deemed, ipso facto, to have been
terminated in any of the following circumstances,-

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(a) if the trainee dies,
(b) if the trainee is permitted to abandon the training pursuant to Section
7.
7. Permission may be granted to abandon the training: If a trainee
submits an application to the Manager seeking permission to abandon the
training upon setting out the reasons thereof and returns back the expenses
made by the concerned enterprise for him/her, the Manager may grant
permission to him/her to abandon the training.
8. Training allowances: The training allowances to be paid for trainee by
the enterprise shall be as prescribed by the Council.
9. Obligation of Manager: The Manager of the each enterprise which
conducts training shall have the following obligations;
(a) To manage for training as referred to in this Act and Rules made
here under and as prescribed by the Council.
(b) To fulfill the obligation created by the agreem nt concluded with
trainees.
(c) To abide by the directives issued by the Council i respect of the
training.
(d) To forward the particulars and data sought by the Department,
Council or Advisors.
(e) To conduct training by consulting with the Advisors as per necessity.
10. Appointment of Training Advisors: (1) The Government of Nepal
shall, for an enterprise of a particular sector or classification, appoint
Training Advisors as may be required.

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(2) Until an Advisor is appointed pursuant to Sub-section (1) the
Government of Nepal may designate any of it’s' employee as an Advisor.
(3) Functions, duties and conditions of service of the Advisors
appointed pursuant to Sub-section (1) shall be as pre cribed.
11. Arrangement of expenses in order to conduct training
programme: (1) Every enterprise shall allocate an amount equivalent to
the percent as prescribed by the Department from its' net profit to meet the
training cost.
(2) An enterprise which intends to send a trainee abroad for the
training that cannot be conducted in Nepal may, upon the approval of the
Council send him/her in its' own expenses or under th scholarship granted
by a foreign institution.
12. Compensation: If a trainee suffers physical injury or hurt or death in the
course of training, the compensation to be received by the trainee or his/her
guardian shall be as prescribed.
13. Settlement of dispute and appeal: (1) If a dispute arises over the
conditions mentioned in a training agreement between the Manager and
trainee, it shall be settled by the Council
(2) A person, who is not satisfied with the decision made by the
Council pursuant to Sub-section (1), may lodge an appe l with the
Government of Nepal and the decision made by the Government of Nepal
shall be final.
14. Issuance of certificate: Concerned enterprise shall issue a certificate in
such format as prescribed by the Council to the trainee who has passed in
the examination conducted by the Council.

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15. Trainee shall be given preference: Every Manager shall, while
appointing workers in his/her enterprise, give prefe nce to the trainees who
have completed the training from an enterprise.
Chapter -3
Provisions relating to Training Council
16. Training council: (1) The Government of Nepal shall, in order to conduct
training and to manage thereof pursuant to this Act, constitute a Training
Council by publishing a Notification in Nepal Gazette.
(2) While designating members to the Council to be constituted
pursuant to Sub-section (1), generally the following representatives shall be
designated;
(a) Representative of the Ministry, Department or Office
of the Government of Nepal.
(b) Representative of factory or industrial enterprise.
(c) Representative of Tribhuvan University.
(d) Industrial and Labour expert or experienced person.
(e) .............
(3) The tenure of office of members shall be as precribed.
(4) Meeting allowances as prescribed by the Council sha l be granted
to the Member of the Council.
(5) The Council may, itself, arrange its internal working
arrangement.

Omitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066

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17. Functions and duties of the Council: Save as provided elsewhere in
this Act, the functions and duties of the Council shall be as follows;
(a) To formulate policy in respect of conducting the training and co
ordination there for;
(b) To determine the subject of training, to formulate the programme
and to approve theoretical and practical curricula of the training.
(c) To fix the training allowances for the trainees.
(d) To determine policy relating to the selection f trainee. (e) To
supervise and monitor the training
(f) To make necessary arrangement for timely and well-arranged
training.
(g) To submit an information or opinion and advice sought by
Government of Nepal in relation to the training.
(h) To issue necessary directives in relation to the raining to the
enterprise that conducts training.
18. Committee may be framed: The Council may, if it deems necessary,
form a Committee in order to formulate training relat d curricula and to set
the standard. The members of the Committee shall be as determined by the
council.
Chapter -4
Miscellaneous
19. Power to issue directives: (1) The Government of Nepal may issue
directives to the Council from time to time and it shall be the duty of the
Council to abide by such directives.

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(2) Council may issue directives to the manager in respect of
conducting the training from time to time and it shall be the duty of the
concerned manager to abide by such directives.
20. Penalty: (1) A Manager who commits any of the following acts shall be
liable to a fine not exceeding Five Thousand Rupees;
(a) Fails to fulfill an obligation created by the agreement
relating to the training.
(b) Submits or cause to submit fake particulars or data
related to training to the Department.
(c) Fails to maintain the record of training or hinders or
obstructs to the person deputed by the Council or to
the Advisor from inspecting the record.
(d) Fails to manage for training expenses.
(e) Employs the trainee for more than fixed period in the
course of training or employs in a work which is not
related to the training.
(2) Save as provided in Sub-section (1) a person who contravenes a
provision of this Act or Rules made here under shall be liable to a fine not
exceeding One Thousand Rupees.
21. Adjudicating Authority: (1) The Department shall have the power to try
the case as referred to in this Act.
(2) A person, who is not satisfied with the decision made by the
Department pursuant to Sub-section (1), may lodge an appeal with Court of
Appeal within the Thirty five days of such decision.

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22. Limitation to file a case: A case under this Act shall have to be filed
within a period of Three months from the date of cause of action.
23. Delegation of powers: (1) The Government of Nepal may delegate any or
all powers conferred on it pursuant to this Act to he Council.
(2) The council may delegate any or all powers conferred on it
pursuant to this Act to any of it’s' member or a committee of such members
or an employee.
24. Power to frame Rules: (1) The Government of Nepal may frame
necessary Rules to carry out the objectives of this Act.
(2) Without prejudice to the generality of powers pursuant to Sub-
section (1) the Government of Nepal may frame Rules ba ically on the
following matters;
(a) Conduct of training.
(b) Kinds of training and its duration.
(c) Qualification of trainees.
(d) Numbers and selection of the trainee.
(e) The format of agreement to be signed by the trainee.
(f) Provisions relating to health and safety of the trainees.
(g) Conduct and discipline of trainees.
(h) Provisions on record relating to training and trainee.
(i) Provisions relating to the secretariat of the Council.
(j) Other necessary matters related to industrial inee
training.

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25. Power to frame Bye-laws: (1) Enterprise may, subject to this Act or the
Rules made here under, frame Bye-laws in respect of the conduct and
discipline to be followed by the trainees.
(2) The Bye-laws so framed pursuant to Sub-section (1) shall come
into force only after being approved by the Council.