Page 58 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
author has mainly concentrated on contribution-based social security
in the Nepalese Context in the following paragraph.
Governing Laws and Mechanisms for Workers’ Social
Security in Nepal
The genesis of social security in Nepal can be traced back to the
enactment of Sainik Drabhyan Kosh (Army Provident Fund Act) in
1934 (1991 B.S.). This scheme was regulated with the contribution
17
of a certain percentage from their salary to their provident fund
account in Sainik Drabhyan Kosh (Army Provident Fund). Similarly,
a non-contributory pension scheme was introduced in 1936 A. D.
18
The conception of these schemes opened the insights for the growth
and development of other specific legislations to cover private and
non-private sector employees. The Labour Act, 1992 and Labour
Regulation, 1993 were enacted as a milestone for establishing the
social security scheme as a basic right for private sector employees
that had incorporated the work injury compensation, medical expenses
and leave, welfare fund, provident fund, gratuity, health, and safety
measures so on. The momentum gradually took in the development
19
of social security legislation; however, it was in scattered form and
also not precise, and it was not clear to the benefits of beneficiaries. In
the same way, from the Ninth Five Year National Development Plan
(1997-2002 A.D.) has made significant recognition and acceptance
of the worth of social security by noting the separate chapter.
20

17 Prof. Pawan Ojha (n3)
18 Paudel, Dilip Raj, The Role of Social Security Benefits to Motivate the Nepalese
Civil Servants, (MPhil Thesis, Faculty of Management, Central Department of Public
Administration, T.U. 2013)23
19 Prof. Pawan Ojha & Prajwal Ojha, Labour Law (Shram Kanuun), (Part 1, Pairavi Books
House Pvt. Ltd, Kathmandu, 2020) 40
20 National Planning Commission, Ninth Five Year National Development Plan (1997-2002
A.D.), <:: https://npc.gov.np/images/category/ninth_eng_2.pdf::> (accessed on 21 03 2024)
law.faculty@kdu.ac.lk
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