(1) According to sub-section (1) of section 72 of the Act, if a worker who has gone to foreign employment after undergoing a health examination by a health institution and returns home due to health reasons is unfit to return to the country, along with the documents as per sub-rule (2), within ninety days from the date of return to the country to get the refund incurred during the foreign employment and return. An application can be submitted to the Ministry, Department, Board or the Labor and Employment Office authorized to perform work related to foreign employment.
(2) When making an application according to sub-rule (1), the following documents should be attached:-
(a) Complete report of medical examination abroad or a certified copy thereof,
(b) Document proving that he had to return from foreign employment due to health reasons,
(2A) The report related to the health examination as per Clause (A) of Sub-Rule (2) shall be submitted within ninety days of the health examination at the listed health institution as per Rule 45A.
(2B) The Ministry shall send the document containing such application to the expert committee to examine and recommend the application received as per sub-rule (1).
(c) copy of the express air ticket and copy of the boarding pass,
(d) Passport copy,
(e) Other documents requested by the expert committee.
(3) The expert committee may request additional documentary evidence from the relevant health institutions and the petitioner as needed.
(4) The requested documents and evidences according to sub-rule (3) shall be provided by the applicant and related organizations to the expert committee.
(5) If the person claiming the expenses due to this rule dies without taking such expenses, within thirty-five days after his death, his rightful owner according to the law can apply for refund according to this rule.
(6) If it is determined that a health institution has given an incorrect health examination report while examining the application made under sub-rule (1) or (5), the expert committee shall send the recommendation of the matter to the Ministry.
(7) If the recommendation is received according to sub-rule (6), the ministry will go to the foreign employment of the worker concernedAnd the expenses incurred during the return should be sent in writing to the relevant health institution to be provided within fifteen days. Explanation: For the purposes of this rule, "expenses incurred on departure and return" means medical examination fee, visa fee, air ticket for going abroad and returning from abroad, service fee prescribed by the Government of Nepal and free visa and ticket in the case of countries where free visa and ticket are applicable. In the case of non-applicable countries, the amount paid by the workers should be considered to the extent specified by the Government of Nepal.
(8) According to sub-rule (7), if received in writing from the Ministry, the health institution shall provide such expenses to the concerned workers within fifteen days.
(9) If a health institution does not provide such expenses within the period as per sub-rule (7), the concerned worker may submit an application to the Ministry in this regard.
(10) If it is found to be reasonable while examining the application under sub-rule (1), the ministry shall send a written notice to the department to pay such expenses to the workers who have gone to foreign employment from the bond collected by the said health institution. If it comes in writing like this, the department will have to pay the amount from the bond of the related health institution and ask the said health institution to pay the amount.
(11) If written to the department in accordance with sub-rule (10), the department shall follow the same procedure as when deducting, collecting and returning the bond of a health institution in accordance with the Act and this regulation.
(12) According to sub-rule (10), the Ministry will remove the health institution from the list as per rule 45A and take the necessary action according to the prevailing law to pay the amount that is not enough from the bond to pay the expenses from such health institution.