Specialized Courts or Tribunals

Specialized courts or tribunals are courts or judicial bodies that are established for the purpose of hearing and deciding special types of cases that require specific expertise, experience, or procedure. Specialized courts or tribunals may be constituted by the Constitution of Nepal, by law, or by a notice published in the Nepal Gazette by the Government of Nepal. Specialized courts or tribunals may have different composition, jurisdiction, procedure, and functions than the regular courts. In this article, we will explore some of the specialized courts or tribunals that exist in Nepal.

Special Court

The Special Court is a specialized court that was established by the Special Court Act, 2002 to hear and decide cases related to corruption, money laundering, banking offenses, revenue offenses, and other special types of cases as specified by the Government of Nepal. The Special Court consists of three Judges appointed by the Judicial Council from among the Judges of the High Courts or District Courts who have served for at least five years. One of the Judges is designated as the Chairperson of the Special Court by the Judicial Council. The term of office of the Judges of the Special Court is until they attain the age of sixty-four years. The administrative head of the Special Court is the Registrar. The Special Court has its own rules and regulations regarding its procedure and management. The Special Court has original jurisdiction over the cases filed by the Commission for Investigation of Abuse of Authority (CIAA), Department of Money Laundering Investigation (DMLI), Department of Revenue Investigation (DRI), and other agencies authorized by law. The Special Court also has appellate jurisdiction over the cases decided by the Revenue Tribunal. The decisions of the Special Court are final and binding, and cannot be appealed to any other court.

Labour Court

The Labour Court is a specialized court that was established by the Labour Act, 2017 to hear and decide cases related to labour disputes, labour rights, labour welfare, and other matters related to labour relations. The Labour Court consists of one Chairperson and two Members appointed by the Government of Nepal on the recommendation of a committee comprising the Minister for Labour, Employment and Social Security as chairperson; a representative from Nepal Trade Union Congress; a representative from General Federation of Nepalese Trade Unions; a representative from Confederation of Nepalese Industries; a representative from Federation of Nepalese Chambers of Commerce and Industry; and a representative from Ministry of Law, Justice and Parliamentary Affairs as members. The Chairperson must be a person who has served as a Judge of a High Court or District Court for at least five years or who has obtained a bachelor's degree in law and practiced law as an advocate for at least ten years or who is a distinguished jurist having worked for at least ten years in the judicial or legal field. The Members must be persons who have obtained a bachelor's degree in law or any other subject related to labour relations and have at least seven years of experience in labour relations. The term of office of the Chairperson and Members is four years. The administrative head of the Labour Court is the Registrar. The Labour Court has its own rules and regulations regarding its procedure and management. The Labour Court has original jurisdiction over the cases filed by workers, employers, trade unions, employers' associations, or any other person having an interest in labour relations. The Labour Court also has appellate jurisdiction over the cases decided by the Labour Relations Committee or Mediator. The decisions of the Labour Court can be appealed to the Supreme Court within thirty-five days of the date of the decision.

Foreign Employment Tribunal

The Foreign Employment Tribunal is a specialized tribunal that was established by the Foreign Employment Act, 2007 to hear and decide cases related to foreign employment, such as disputes between foreign employment agencies, workers, and employers; claims for compensation; and offenses under the Act. The Foreign Employment Tribunal consists of one Chairperson and two Members appointed by the Government of Nepal on the recommendation of the Ministry of Labour, Employment and Social Security. The Chairperson must be a person who has served as a Judge of a High Court or District Court for at least five years or who has obtained a bachelor's degree in law and practiced law as an advocate for at least ten years or who is a distinguished jurist having worked for at least ten years in the judicial or legal field. The Members must be persons who have obtained a bachelor's degree in law or any other subject related to foreign employment and have at least seven years of experience in foreign employment. The term of office of the Chairperson and Members is four years. The administrative head of the Foreign Employment Tribunal is the Registrar. The Foreign Employment Tribunal has its own rules and regulations regarding its procedure and management. The Foreign Employment Tribunal has original jurisdiction over the cases filed by foreign employment agencies, workers, employers, or any other person having an interest in foreign employment. The decisions of the Foreign Employment Tribunal can be appealed to the Supreme Court within thirty-five days of the date of the decision.