Education Act, 2028 (1971)


Published: 1971

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Education Act 2028-1971 English
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Education Act, 2028 (1971)
Date of Authentication and Publication
2028/5/24 (9 Aug. 1971)
Amending Acts:
1. Education (First Amendment) Act, 2033 (1976) 2033/7/4
(20 Oct. 1976)
2. Education (Second Amendment) Act, 2036 (1979) 2036/8/5
(21 Nov. 1979)
3. Education (Third Amendment) Act, 2037 (1980) 2037/5/26
(11 Sept. 1980)
4. Some Nepal Act Amendments Act, 2041 (1984) 2041/7/27
(12 Nov. 1984)
5. Judicial Administration Reform
(Fourth Amendment) Act, 2043 (1986) 2043/7/24
(10 Nov. 1986)
6. Education (Fourth Amendment) Act, 2045 (1988) 2045/7/10
(26 Oct. 1988)
7. Education (Fifth Amendment) Act, 2049 (1992) 2049/7/13
(29 Oct. 1992)
8. Education (Sixth Amendment) Act, 2055 (1998) 2055/10/1

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(15 Jan. 1999)
9. Education (Seventh Amendment) Act, 2058 (2001) 2058-10-25
(7 Feb. 2002)
10. Education and Sports Related some Nepal Acts
Amendment Act, 2063 (2006) 2063-9-14
(29 Dec. 2006)
11. Republic Strengthening and Some Nepal Law
Amendment Act, 2066 2066.10.7
(21 Jan. 2010)
Act No. 8 of the Year 2028 (1971)
An Act Made to Provide for Education to be Given in the Schools
According to the National Education System Plan
1Preamble: Whereas, it is expedient to promote quality education through
improvements in the management of existing and future schools all over Nepal
in order to prepare human resource for national development and to maintain
good conduct, decency and morality of the people in ge eral in consonance
with multi-party democratic system,.
Now, therefore, be it enacted by His Majesty King Mahendra Bir
Bikram Shah Dev upon the advice and consent of the Rastriya Panchayat.
1. Short title, extent and commencement: (1) This Act may be called
"Education Act, 2028 (1971).
(2) This Act shall come into force throughout Nepal.
1 Amended by the Fifth Amendment.

3

(3) This Act shall come into force at such area and on such date
as appointed by Government of Nepal may, by a Notifica on in the
Nepal Gazette.Φ
2. Definition: Unless the subject or context otherwise requires, in th s
Act, -
2(a) "Pre-Primary School" means those schools that provide One
year's pre-primary education to those children that have
completed Four years of their age.
3(b) "Primary Education" means education given from class One to
class Five.
4(b1) "Lower Secondary Education" means education to be given from
class Six to class Eight.
5(c) .....…
Φ Government of Nepal has implemented this Act to the following district on the following dates: Dates Enacted districts: 2028/7/15 (1 Nov. 1971) Chitwan, Kaski 2029/6/15 (1 Oct. 1972) Dang, Banke, Baglung, Rupandehi, Dhanusha,
Kavrepalanchok, Saptari, Dhankuta, Morang, Jhapa, Jumla, Kailali, Kanchanpur.
2030/7/1 (17 Oct. 1973) Ilam, Panchthar, Terathum, Sankhuwasabha, Sunsari, Sindhupalchowk, Kathmandu, Bhaktapur, Lalitpur, Gorkha, Manang, Lamjung, Tanahu, Syangja, Surkhet.
2031/6/21 (7 Oct. 1974) Solukhumbu, Okhaldhunga, Khotang, Bhojpur, Udayapur, Siraha, Dolkha, Ramechap, Sindhuli, Sarlahi, Mahottari, Nuwakot, Mustang, Myagdi, Parbat, Gulmi, Arghakanchi, Palpa, Nawalparasi, Kapalbastu.
2032/6/20 (6 Oct. 1975) Darchula, Baitadi, Daduldhara, Bajhang, Bajura, Achham, Bara, Parsa, Rautahat, Makwanpur, Rasuwa, Dhading, Dolpa, Pyuthan, Salyan, Rukum, Rolpa, Tibrikot, Mugu, Humla, Bardiya, Dailakh, Jajarkot, Doti.
2 Amended by the Seventh Amendment. 3 Amended by the Fourth Amendment. 4 Inserted by the Fifth Amendment. 5 Deleted by the Fourth Amendment.

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6(d) "Secondary Education" means education to be givn from class
Nine to class Ten.
7(d1) "Special education" means special type of education to be given to
blind, deaf dumb or the children who are physically or mentally
disable.
8(d2) "Community School" means those schools that have obtained
approval or permission and receiving regular grant from
Government of Nepal.
9(d3) "Institutional School" means those schools that ave obtained
approval or permission for operation on condition that they are
not receiving regular grants from Government of Nepal.
10(d4) "Higher secondary education" means education gven from class
Eleven to class Twelve.
11(e) "School" means the Community School or Institutional School.
12(e1) "Primary School" means a School giving education pursuant to
Clause (b).
13(e2) "Lower Secondary School" means a School giving education
pursuant to Clauses (b) and (b1) or Clause (b1).
14(e3) "Secondary School" means a School giving education pursuant
Clauses (b), (b1) and (d) or Clauses (b1) and (d) or Clause (d).
6 Amended by the Fifth Amendment. 7 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063 8 Inserted by the Seventh Amendment. 9 Inserted by the Seventh Amendment. 10 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063
11 Amended by the Seventh Amendment. 12 Inserted by the Fifth Amendment 13 Inserted by the Fifth Amendment
14 Inserted by the Fifth Amendment

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15(e4) "Higher Secondary School" means a School imparting education
pursuant to Clause (d4).
(f) "Teacher" means a teacher of a School and this term also
includes the Headmaster.
16(f1) "Commission" means 17……. Teacher Service Commission
constituted pursuant to Section 11B.
18(f2) "Secretariat" means Secretariat of the Commission.
19(f3) "Chairperson" means Chairperson of the Commission.
20(f4) "Member" means member of the Commission and this term also
includes Chairperson of the Commission.
21(f5) "Guardians (Parents)" means those persons who are mentioned as
the guardians of the children at school records.
22(f6) ''Employee '' means any employee working in community school
except the teacher.
(g) "School Leaving Certificate Examination" means the examination
to be held at the end of secondary education.
23(g1) "Primary School Leaving Examination" means examin tion to be
conducted at the end of Primary education.

15 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063
16 Inserted by the Sixth Amendment. 17 Deleted by the Seventh Amendment. 18 Inserted by the Sixth Amendment.
19 Inserted by the Sixth Amendment.
20 Inserted by the Sixth Amendment. 21 Inserted by the Seventh Amendment.
22 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063 23 Inserted by the Fourth Amendment.

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(h) "Prescribed or as prescribed" means prescribed or as prescribed in
the Rules framed under this Act.
24(i) "License" means temporary approval, pending thepermanent
approval or grant of assistance by Government of Nepal to open a
School or add the classes at any prescribed place or area.
25(j) "Approval" means the permanent approval given by Government
of Nepal to any School which fulfilled the conditions as
prescribed.
26(k) "Residential School" means a School approved by Government
of Nepal as a Residential School.
27(l) "Educational Trust" means the 28public or private trust
established by a person without any of profit in order to run the
school.
293. Permission should be obtained to open the school: (1) If anyone,
except Government of Nepal, intends to open a school, he/she shall
submit an application to Government of Nepal or the pr scribed official
with prescribed details and a recommendation letter of the concerned
District Education Office. While submitting an application he/she shall
mention whether the school is to be operated as a Company or an
Educational Trust.
(2) If an application is received pursuant to Sub-clause (1),
Government of Nepal or prescribed official shall make necessary
24 Inserted by the Second Amendment 25 Inserted by the Second Amendment
26 Inserted by the Second Amendment
27 Amended by the Seventh Amendment. 28 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 29 Amended by Seventh Amendment.

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investigation, and if it is found reasonable, permission to open the
school shall be provided with conditions as prescribed to be fulfilled.
(3) If, it is found that the School has fulfilled the conditions as
prescribed, Government of Nepal or prescribed official shall provide
approval to the school who had obtained permission pursuant to Sub-
clause (2).
30(4) A school, running as an institutional school befor 2058
Magha 25 if not registered as a company or an educational trust or not
submitted an application for such registration, shall submit an
application before the prescribed authority upon mentioning the
particulars as prescribed within a period of One year from the date of
commencement of this Sub-section stating whether th school to be
conducted as a company or an educational trust.
(5) If an application is received pursuant to Sub-clause (4), the
prescribed official shall make necessary investigation on the application
and if the request of the school is found reasonable the requesting shall
be given approval to run the school.
(6) Notwithstanding anything contained in Sub-sections (2), (3)
or (5), the following schools shall not be provided permission or
approval to run as a Company:
(a) A School running in the Government or public
buildings,
(b) A School running in the building is constructed on
the Government or public land,
30 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063

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(c) A School running in the building or land donated
by an individual or an organization to the school,
or by constructing a building on the donated land.
(7) Notwithstanding anything contained in Sub-sections (2), (3)
and (5), the concerned Village Development Committee or the
Municipality shall provide permission or approval to open Pre-primary
Schools which is to be run by its own resources.
31(7a) if a school, which is running in a form of company
pursuant to this Act, intends to be conducted under educational trust,
shall produce an application before the prescribed authority upon
mentioning the particulars as specified after liquidating the company in
accordance with prevailing law.
32(7b) While making an inquiry in to an application submitted
pursuant to Sub-section (7a) if it is found reasonable to be conducted
the concerned school under educational trust as per the equest of the
applicant, the prescribed authority shall give approval to run such
school under the educational trust.
33(7c) Notwithstanding anything contained in this Act or
prevailing law, while operating a school under educational trust it
shall be followed as in the following matters;-
(a) The trustees of an educational trust must be in a
form of corporate body;
(b) While running an educational trust, there shall be
at least Five members in public trust and there shall
31 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063 32 Inserted b y the Education and Sports Related some Nepal Acts Amendment Act, 2063
33 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063

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be at least Three members in case of a private trust
in the board of trustees,
(c) The account of income and expenditure of an
educational trust shall be maintained in a
prescribed format and such an account shall be
audited by a recognised auditor.
(d) A sitting trustee of an educational trust may specify
his/her successor to act as a trustee during his/her
own life time or after his/her death.
Provided that, while specifying a successor
in the case of a public educational trust the
approval of the Ministry of Education and Sport is
a must.
34(7d) If a social, charitable or welfare institution intends to run a
school without keeping an object of profit may run a school under
public educational trust upon receiving approval of the prescribed
authority.
35(7e) The subjects to be taught, the conditions to be followed by
a school running pursuant to Sub-section (7d) and other provisions
relating to such school shall be as prescribed.
(8) Notwithstanding anything contained in Sub-sections (1), (2),
and (3), permission shall not be provided to anyone to establish a
school affiliated to any foreign educational institution.
Provided that, if an agreement has been concluded with
Government of Nepal to open a school in affiliation with a foreign
34 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063
35 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063

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educational institution or diplomatic agency has made recommendation
thereof, Government of Nepal shall provide permission or approval to
run school upon specifying the conditions. An application may directly
be submitted to Government of Nepal to open such school.
(9) If, the school received permission or approval pursuant to
Sub-section (8) is not operated as per the condition, Government of
Nepal may close down such school.
(10) Other provisions of this Act shall not be applicable to the
school received permission or approval pursuant to Sub-section (8).
4. Operation of the School: The operation of a School shall be as
prescribed.
365. Conduction and Control of Examination: The conduction and
control of Primary School Leaving Examination, 37Lower Secondary
Leaving Examination and School Leaving Certificate Examination shall
be as prescribed.
6. Types of Secondary Education: Types of Secondary education shall
be as follows:
(a) General Secondary Education
38(b) .......
(c) Sanskrit Secondary Education.
396A. Operation of Special Education, Informal Education, and
Distance Education and other provisions: (1) The operation of
Special Education shall be as good as General Education.
36 Amended by the Fourth Amendment. 37 Inserted by the Fifth Amendment. 38 Deleted by the Fourth Amendment.

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40(2) The terms, conditions of service and the provisi n of the
staff members and teachers working at present or tobe appointed to run
special education shall be as prescribed.
(3) The operation of informal education and distance education
shall be as prescribed.
417. Medium of Language: (1) The medium of education in a school shall
be Nepali language, English language or both languages.
(2) Notwithstanding anything contained in Sub-section (1) the
medium of education in a school may be as follows in following
conditions:
(a) The education up to primary level may be imparted
in the mother tongue.
(b) A non- citizen of Nepal, while studying at a school
in Nepal, may study any other language subject
instead of Nepali subject.
(c) While teaching a language subject in a school the
medium of education may be the same language.
(d) While teaching a compulsory subject of English
language, the medium of education shall be
English.
8. Curriculum and Textbook of the School: The School shall be
required to implement the curriculum and text-book as approved by
Government of Nepal.
39 Inserted by the Seventh Amendment
40 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063 41 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063

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428A. Department of Education: (1) There shall be Department of
Education under the Ministry of Education and Sports.
(2) There shall be Director General as the chief in the
Department of Education pursuant to Sub-section (1).
(3) The functions, duties, and rights of the Director General shall
be as prescribed.
439. Regional Education Directorate: (1) Government of Nepal may
establish Regional Education Directorate in each development region.
(2) A Regional Education Director shall be the Chief of the
44directorate to be established pursuant to Sub-section (1).
(3) The functions, duties and powers of the Regional Education
Director shall be as prescribed.
4510. District Education Office: (1) Government of Nepal may establish
District Education Office in each district.
(2) District Education Officer shall be the Chief of the Office to
be established pursuant to Sub-section (1).
(3) The functions, duties and powers of the District Education
Officer shall be as prescribed.
4611. The formation of District Education Committee: (1) The District
Education Committee shall be constituted in each district to supervise
and manage the schools within the district.
42 Inserted by the Seventh Amendment. 43 Amended by the Fourth Amendment. 44 Amended by the Fifth Amendment. 45 Amended by the Fourth Amendment.
46 Amended by the Seventh Amendment.

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(2) There shall be following members in the District Education
Committee pursuant to Sub-section (1):
(a) President of the District Development
Committee or the person authorized
to perform the duties of the President
-Chairperson
47(b) Chief District Officer - Member
(c) Secretary to the District Development
Committee - Member
(c1) 48................
(d) Four teachers nominated by the
District Education Committee
including 49Two women from
amongst representing from the Higher
Secondary Schools, Secondary
Schools, and Primary Schools of the
District, with at least Ten years'
experience of working with the
concerned school - Member
(e) One person from amongst the
chairpersons of the Community
School Management Committee of
the district nominated by the District
Education Committee - Member
47 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063 48 Deleted by the Education and Sports Related some Nepal Acts Amendment Act, 2063 49 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063

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(f) One person from amongst the
Chairpersons of the Institutional
School Management Committee of
the district nominated by District
education Officer - Member
(g) One person from amongst the
Chairpersons of Village Education
Committee nominated by District
Education Committee
(h) President of the District Level
Teachers' Union - Member
(i) District Education Officer -Member Secretary
(3) The tenure of office of the Members nominated pursuant to
Sub-section (2) shall be Two years. If the nominated member did not
fulfill the conduct as required by the post, the nominating official may
remove him/her from the post, at any time.
Provided that, one shall be given a reasonable opportunity to
defend before removing from the post.
(4) 50....................
(5) The functions, duties and powers of the District Education
Committee will be as follow:
(a) To formulate district level education plans,
51(a1) To recommend to Higher Secondary Education
Board to provide affiliation to run a Higher
Secondary School,

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(b) To encourage the Village Development Committee
and Municipality to provide financial assistance to
the Community Schools,
(c) To assist in conducting the examinations in the
district in a dignified and fair manner,
(d) To manage for accumulating resources for the
development of quality education in the district,
(e) To fix the remuneration for the auditor of the
Community School,
(f) To distribute and adjust the teachers' positions
available among the Community Schools of the
district, on the basis of the number of the students
of the Primary School; and on the basis of the
number of the students and subject load of the
Lower Secondary and Secondary Schools in
accordance of the policy of Government of Nepal,
(g) To provide instructions to the School Management
Committee as required.
(6) Other functions, duties, powers and procedures of meetings of
the District Education Committee shall be as prescribed.
5211A. District Education Committee May be Dissolved: (1) In case, the
District Education Committee of any district fails to fulfill the
responsibilities as prescribed, such District Education Committee may
be dissolved by Government of Nepal.
50 Deleted by the Republic Strengthening and Some Nepal Laws Amendment Acts, 2066. 51 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063 52 Inserted by the Third Amendment.

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(2) After the dissolution of a District Education Committee
pursuant to Sub-section (1), Government of Nepal may constitute a
temporary Committee to perform the functions of the District Education
Committee until the constitution of another District Education
Committee.
5311B. Constitution of the Commission: 54(1) A Teacher Service
Commission shall be constituted to appoint teachers in the vacant
positions in accordance with the positions approved by Government of
Nepal for the Community Schools and to recommend the promotion of
such teachers as appointed in such post.
55Provided that, the appointment and promotion of teach rs in a
community school which is handled by a local body or management
committee pursuant to Section 11M. shall be as prescribed.
56(2) The Commission shall have other Two members along with
the President.
57(3) In order to recommend for the appointment of the members
pursuant to Sub-section (2), Government of Nepal shll constitute a
committee under the Chairpersonship of the Chairperson of the Public
Service Commission consisting the Vice-chancellor of Tribhuvan
University and the Secretary at the Ministry of Education and Sports as
a member, and Government of Nepal shall appoint the person
recommended by the Committee as a member.
53 Amended by the Sixth Amendment. 54 Amended by the Seventh Amendment. 55 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 56 Amended by the Seventh Amendment. 57 Amended by the Seventh Amendment.

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(4) The tenure of Office of members appointed 58...............
pursuant to Sub-section (2) shall be Five years and he/she may be re-
appointed.
59(4a) The senior official of the Commission shall function as the
secretary of the Commission.
(5) The functions, duties, powers and proceedings of the
commission shall be as prescribed.
(6) Other conditions of service of members shall be as prescribed.
(7) Remuneration and facilities of the members shall be as
prescribed by Government of Nepal, by a Notification in the Nepal
Gazette.
6011C. Qualification for Member: (1) The following qualifications shall be
required to be appointed as a member:
(a) Nepalese citizen,
(b) Obtained Masters' degree from the University
recognized by Government of Nepal,
(c) Should not have to be a member of any Political
Party from at least Two years before the
appointment,
(d) Completion of the age of Forty years,
61(e) At least Five years' service in special class of
Government of Nepal for the Chairperson and at
58 Deleted by the Seventh Amendment. 59 Inserted by the Seventh Amendment 60 Inserted by the Sixth Amendment. 61 Amended by the Seventh Amendment

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least Fifteen years' of experience in the field of
Law, Education or Administration for a member.
6211D. Member not to be Maintained: (1) The post of member shall be
deemed vacant in the following circumstances:
(a) If the tenure pursuant to Sub-section (4) of Section
11B expires,
(b) If he/she has completes the age of Sixty Five years,
(c) If the resignation in writing tendered by him/her is
accepted by Government of Nepal,
(d) If he/she dies.
(2) Notwithstanding anything contained in Sub-section (4) of
Section 11B., if someone files a complaint referring that a member is
incompetent or has not act as required by his/her duty or has a bad
conduct, Government of Nepal may, constitute a Committee to make
investigation on such complaint; and Government of Nepal may remove
such member it is so proved.
Provided that, one shall be given a reasonable opportunity to
defend before removing from the post.
6311E. Provision Relating to Secretariat and Employee: (1) There shall be
a separate Secretariat of the Commission and such Se retariat shall be
located in Kathmandu Valley.
(2) Government of Nepal shall designate at least Gazetted First
Class Officer of Government of Nepal to carry out the function as a
Administrative Chief of the Secretariat.
62 Inserted by the Sixth Amendment. 63 Inserted by the Sixth Amendment.

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(3) Other necessary employees of the Secretariat sh ll be
arranged by the Ministry of Education.
6411F.Procedures to be Followed for Recommendation: (1) The
procedures to be followed for the recommendation to permanent
appointment of teachers by the Commission shall be as follows:
(a) To collect the details of number of teachers to be
fulfilled according to the level of School from the
concerned District Education Office while fulfilling
the vacant post of teachers permanently as per the
approved position in the Schools of the district,
(b) To publish advertisement for recruitment through
open competition upon mentioning the number of
posts, and receive application from the candidates
who deserve the prescribed qualifications for the
given post,
65Provided that, while determining the
number of post for such open competition the
commission may make necessary arrangements in
such a manner that Fifty percent posts, only the
following person, in maximum, shall be eligible to
be a candidate in the first vacancy announcement
(advertisement) made by the commission after 21
Shrawan 2061 B.S.:
(1) A person who has served for at least
One year in the capacity of a
temporary teacher among the
64 Inserted by the Sixth Amendment. 65 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063

20

persons who have been removed from
the post of temporary teacher after
the appointment of permanent teacher
in such post as per the advertisement
published in the year of 2052 B. S.
(2) A person who has been appointed in
the post of teacher at community
school before 25 Magha 2058 B.S.
and serving continuously since then.
(c) To select suitable candidate as follows upon
making an inquiry of the applications received
pursuant to Clause (b):
(1) Open competitive written examination,
(2) Interview,
(3) Practical examination.
Provided that, practical examination
shall be taken only in such situation as
deemed appropriate and necessary by the
Commission.
66(d) To publish advertisement every year for the vacant
post and to recommend for appointment or
promotion within a period of Six months of such
advertisement.
67(1a) Notwithstanding anything contained in Clause (b) of Sub-
section (1), the commission shall make arrangement of open competition
66 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

21

as prescribed in such a manner that even the temporary teachers, who
have been serving continuously on the commencement of this Sub-
section and who have been appointed till 10 Baisakh 2063 B.S. in a
seat approved by the Government of Nepal for community school or
appointed as a temporary teacher on the lean post of the approved
ceiling may be eligible to be a candidate in the first advertisement
(vacancy announcement) to be published after the commencement of
this Sub-section. In the case of temporary teachers no age bar shall be
applied for the first time.
68(1b) Notwithstanding anything contained in the Clause (b) of
Sub-section (1), the commission, except as provided in Sub-section (1a),
may provide the arrangement for an open competition as prescribed in
such a manner that on the commencement of this Sub-section who has
been working as a temporary teacher under basic and primary education
project and also the person who has been removed from the post of a
teacher while fulfilling the vacant post of a permanent teacher as per the
advertisement of the years of 2052 B.S. and 2061/062 B.S., may be
eligible to be a candidate in such a competition. In the case of a
temporary teacher no age bar shall be applied for the first time.
69(1c) The Government of Nepal may provide facility as
prescribed to those teachers who had served for more than Five years as
a temporary teacher from among who could not be a prmanent teacher
through a competition made pursuant to the Sub-section (1a) and (1b).
(2) The Commission shall follow the prescribed procedures while
recommending for the promotion of a teacher.
67 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 68 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 69 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

22

7011G. Committee may be Constituted: (1) The Commission may constitute
Committees in central and regional level as per necessity for the smooth
operation of functions and proceedings to be carried out by it. The
members of such Committees shall be from amongst the educationist
and the persons actively involved in the education sector who are not
members of any political party from at least One year before the
appointment.
(2) The functions, duties, powers and proceedings of the
Committees constituted pursuant to Sub-section (1) shall be as
prescribed by the Commission.
7111H. Delegation of Powers: The Commission may, as per necessity,
delegate any of the powers conferred on it by this Act to the
Chairperson, member, the Committee pursuant to Section 11G. or 72any
officer employee.
7311I. Deemed to have done by the Commission: The functions and
proceedings carried out by the District Teachers Selection Committee
and Regional Teachers Selection Committee prior to the commencement
of this Act shall be considered as carried out by the Commission.
7411J. Submission of Annual Report: The Commission shall submit its
annual progress report upon mentioning the functions a d proceedings
carried out by it to the Government of Nepal, within Three months of
the expiry of every fiscal year.
7511K.Village Education Committee: (1) The Village Education Committee
shall be constituted in each Village Development Committee to
70 Inserted by the Sixth Amendment.
71 Inserted by the Sixth Amendment.
72 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 73 Inserted by the Sixth Amendment.
74 Inserted by the Sixth Amendment.

23

supervise and manage the school to be run and to es ablish
coordination among the various schools within the area of the Village
Development Committee upon consisting of the following Members:-
(a) The President of the Village
Development Committee or the person
authorized to act as a President. -Chairperson
(b) One person nominated by the District
Education Committee from amongst the
Chairperson of the School Management
Committees of the schools running
within the Village Development
Committee area.



-Member
(c ) Two persons, including One woman,
from amongst the social workers or
educationists nominated by Village
Education Committee


-Member
(d) School supervisor from the concerned
area -Member
(e) The member of the District
Development Committee of the area
where the school is located

-Member
(f) A Headmaster from the excellent
school as evaluated by Village
Education Committee among the
Community Schools operated within
the Village Development Committee
area.


-Member-Secretary

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(2) The tenure of the Members nominated pursuant to Sub-
section (1) shall be Two years. If it is found that the nominated member
did not maintained the conduct required to his/her post, the nominating
official may remove him/her from his/her post at any time.
Provided that, one shall be given a reasonable opportunity to
defend before removing from the post.
(3) Other functions, powers, duties of the Village Education
Committee and the other procedures of meetings shall be as prescribed.
7611L. Mobile Schools may be operated: Government of Nepal may operate
Mobile Schools in the remote mountainous (Himalayan) regions as
prescribed.
7711M.Teaching License to be obtained: (1) After the commencement of
this Act, no one shall be the candidate for the post of a teacher without
obtaining teaching license from the Commission.
(2) The Commission may conduct examination as prescribed for
the purpose of providing Teaching License through the public notice.
(3) The Commission shall provide Teaching License to those
candidates who have passed the examination conducted pursuant to
Sub-section (2).
(4) The Commission shall provide temporary Teaching License to
the working teachers within Six months of the commencement of this
Act.
(5) The teachers who have obtained temporary Teaching License
pursuant to Sub-section (4) shall have to obtain permanent license from
the Commission within Five years.
76 Inserted by the Seventh Amendment.

25

(6) The temporary teachers who fail to obtain permanent
Teaching License within the period as referred to in Sub-section (5)
shall automatically be terminated and the permanent t achers shall be
terminated as prescribed.
78(6a) Notwithstanding anything contained elsewhere in this
Section, in a condition where teaching license holder persons are not
available in the subject of Science, Mathematics and E glish and due to
this reason if teaching activities have not been coducted in the schools
of remote areas, or temporary teachers who have not taken teaching
license, the commission may conduct separate examination for them as
prescribed for the purpose of giving a chance of participation in a
competition to be held as per the first advertisement after the
commencement of this Sub-section; and provide temporary teaching
license.
79(6b) Among temporary teaching licenses pursuant to Sub-
section (6a), the duration of teaching license which is issued to teach in
remote areas shall be for Two years and the duration of a teaching
license which is issued to participate in the competition shall be for One
year.
(7) Other provisions regarding the Teaching License shall be as
prescribed.
8011N. Grant shall not be curtailed: The amount of grant being provided by
Government of Nepal to the Community Schools at the commencement
of this Act shall not be curtailed.
77 Inserted by the Seventh Amendment. 78 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 79 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 80 Inserted by the Seventh Amendment.

26

81Provided that, the amount of grant being provided to a school
may be reduced as prescribed if the school has been unable to maintain
academic standards as prescribed.
8211O. Provisions for scholarship may be made: Government of Nepal may
arrange scholarship as prescribed to the students enrolled at Lower
Secondary Education and Secondary Education.
8311P. Grants may be provided to the Child Development Centre:
Government of Nepal may provide grants as prescribed to the Child
Development Centre established in co-operation with Village
Development Committee or Municipality.
8411Q. Management of a school may be handled: (1) If a local body or
management committee intends to handle the management of a
community school, it shall produce an application before the prescribed
authority upon mentioning the matters as prescribed.
(2) While making an inquiry in to the application received
pursuant to Sub-section (1), if it is found that such local body or
management committee has fulfilled the prescribed conditions, the
prescribed authority may handover the management of such community
school to the applicant.
(3) The terms and conditions of service and facilities of the
teachers, who have been appointed in the post approved by the
Government of Nepal and have been working in a school whose
management is handled by local body or management committee
pursuant to Sub-section (2), shall be as good as the teachers of other
community schools and the Government of Nepal shall provide amount
81 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 82 Inserted by the Seventh Amendment. 83 Inserted by the Seventh Amendment. 84 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

27

for salary and allowances of such teachers and the amount which is
equal to the amount to be added by a school for provident fund, to a
school in a single installment.
(4) The local body or management committee may appoint
additional teacher in a school which is handled by it pursuant to Sub-
section (2) to be paid by such school.
(5) A teacher appointed pursuant to Sub-section (4) shall be
entitled to obtain remuneration and facilities as good as the other
teachers of such school.
(6) The Government of Nepal may provide additional seat to a
school whose management is handled by local body or management
committee pursuant to Sub-section (2) on the basis of necessity of such
school.
8512. School Management Committee: (1) To operate, supervise and
manage every community school; there shall be a School Management
Committee consisting of the following members:
(a) A person selected by the parents
from among themselves

-Chairperson
(b) Three persons, including One
woman, selected by the parents
among themselves -Member
(c) The Ward President of the
concerned Ward of the Village
Development Committee or
Municipality where the school is - Member
85 Amended by the Seventh Amendment

28

located
(d) One person nominated by School
Management Committee from
among local intellectuals or
educationists - Member
(e) One person nominated by School
Management Committee from
86amongst the founders of the
school

- Member
87(e1) One person nominated by School
Management Committee from
amongst the donors who have
provided amount, building or
land to the school as prescribed


- Member
(f) One person selected by the
concerned school teachers from
amongst themselves

-Member
(g) Headmaster of the school Member-secretary
(2) Two members shall be represented from the District Level
Federation of Industry and Commerce in the School Management
Committees of such Secondary schools where study or training on
Technical or vocational Subjects are conducted.
(3) The School Supervisors and the Resource Persons elated to
the concerned school shall be invited to attend the School Management
Committee Meetings as observers.
86 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 87 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

29

(4) There shall be School Management Committee for operation,
supervision and management in every Institutional School consisting the
following members: -
(a) One person nominated by the
District Education Officer on the
recommendation of concerned
school from amongst the Founder
or the Investor of the school.


-Chairperson
(b) Two persons including a woman
nominated by School Management
Committee from amongst the
parents.

- Member
(c) One person from amongst the local
intellectuals or educationists
nominated by the Village
Development Community or
Municipality


- Member
(d) School supervisor of the
concerned area - Member
(e) One person selected by the
concerned school teachers from
amongst themselves - Member
(f) The Headmaster of the school - Member-
Secretary



30

(5) The tenure of the office of the President or Memb rs selected
or nominated pursuant to Sub-sections (1) and (4) shall be 88Three
years. If it is found that the nominated chairperson or member did not
fulfill the conduct as per his/her post, the nominating guardian, official
or body may remove him/her from his/her post at any time.
Provided that, one shall be given a reasonable opportunity to
defend before removing from the post.
89(5a) Notwithstanding anything contained in Sub-section (4) if
it is found necessary to form School Management Committee of any
institutional school by the Government of Nepal to which the
Government of Nepal has provided building or land or has given any
type of assistance, or such school has been conducted for special
purpose or conducts special education; the Ministry of Education and
Sports upon mentioning the reasons thereof may form a School
Management Committee.
(6) The functions, rights, and duties of the School Management
Committee for the Community Schools shall be as follows:
(a) To mobilize the resources and means available for
the operation of the school,
(b) To maintain or cause to maintain the records of the
movable and immovable property of the school and
protect them,
(c) To maintain and update the records of the
academic, physical and financial data and details of
the school,
88 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 89 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

31

(d) To approve the annual budget of the school and
inform the same to the Village Education
Committee and District Education Office,
(e) To prevent from polluting the environment of the
school on the grounds of politics, religion,
communality in order to maintain the academic
environment of the school conducive,
(f) To assign duties to the teacher deputed by the
District Education Office,
(g) To carry out the annual audit of the school by the
auditor appointed by the District Education Office,
(h) To take necessary action in accordance with the
auditor's report and submit such report to the
District Education Office,
(i) To abide by the orders and instructions issued by
the District Education Committee and District
Education Office,
90(j) To arrange for the remuneration and facilities of the
teachers who have been appointed or promoted by
the committee itself,
(k) To constitute Teacher-Parent Association as
specified in order to enhance the academic
standards.
(7) The functions, duties and powers of the School Management
Committee of the Institutional School shall be as follows:
90 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

32

(a) To mobilize the resources and means available for
the operation of the school,
(b) To make arrangement for the essential physical
facilities for the school,
(c) To protect and safeguard the movable and
immovable property of the school,
(d) To maintain conducive educational environment in
the school,
(e) To implement the curriculum and the textbooks
compulsorily as approved by Government of Nepal
and obtain approval from the Curriculum
Development Center if other supplementary
textbooks are regarded essential,
(f) To appoint those candidates to the post of the
teacher who have obtained License from the
Commission and who are eligible for the post as per
the prevailing law to the post of a teacher,
91(f1) To start with the process relating to permanent
fulfillment within a period of Six months from the
date of the commencement of this Clause for the
purpose of providing chance to be a permanent
teacher to those teachers who have been appointed
as temporary teachers before the commencement of
this Clause and to start with such process for those
teachers within a period of Six months from the
91 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

33

date of being appointed as a temporary teacher after
the commencement of this Clause,
(g) To provide salary to the teacher not less than the
scale fixed by Government of Nepal,
(h) To take disciplinary action to the teachers,
(h) To abide directions issued by Government of
Nepal.
92(7a) There shall be a School Management Committee as
prescribed in a higher secondary school for its operation, supervision
and management.
93(7b) The functions, duties and powers of a School Management
Committee formed pursuant to Sub-section (7a) shall be as prescribed.
(8) Other functions, powers, and duties and the procedures of
meetings of a School Management Committee shall be as prescribed.
9412A.School Management Committee may be dissolved: (1) In a
condition where the School Management Committee of any school
becomes unable to fulfill its prescribed responsibility the District
Education Office may, upon mentioning the reasons thereof, dissolve
such school management committee.
Provided that, the School Management Committee shall be given
a reasonable opportunity to defend prior to its disolution.
(2) After the dissolution of the School Management Committee
pursuant to Sub-section (1), the District Education Committee may form
92 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063.
93 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063.
94 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

34

a temporary School Management Committee until a next School
Management Committee is formed or owning to any other reason until a
School Management Committee in constituted.
9512B Rural Education Development Fund: (1) There shall be a Rural
Education development Fund in the central level to assist in the
development of the Community Schools run in the rural a eas and also
to enhance their academic standards.
(2) The fund as of Sub-section (1) shall consist of the following
amounts:
(a) The amounts received as grants from Government
of Nepal,
(b) The amount received from the Institutional out f
96.............. the total annual income of such school
as prescribed,
(c) The amount received as donation,
(d) The amount received from other sources.
9712C. The Fund Management Committee: (1) There shall be a Fund
Management Committee in order to operate the Rural Education
Development Fund, consisting of the following Members:-
(a) Secretary, Ministry of Education
and Sports - Chairperson
(b) Representative, Ministry of Finance - Member
95 Inserted by the Seventh Amendment. 96 Deleted by the Education and Sports Related some Nepal Acts Amendment Act, 2063.
97 Inserted by the Seventh Amendment.

35

(c) Representative, Ministry of Local
Development - Member
(d) Joint-Secretary (Educational
Administration Division), Ministry
of Education and Sports - Member
(e) Director General, Department of
Education - Member
(f) Representative, Office of the
Financial Comptroller General - Member
(g) Two persons nominated by the
Ministry of Education and Sports
from amongst the presidents of the
central level organizations of the
Institutional Schools


- Member
(h) Head of the School Administration
Section of the Ministry of
Education and Sports - Member-Secretary
(2) Other functions, duties, powers and procedures of the
meetings of the Fund Management Committee instituted pursuant to
Sub-section (1) shall be prescribed.
13. District Education Fund: (1) There shall be a District Education
Fund in each district, which shall consist of the following amount:
(a) The grants received from Government of Nepal,

36

98(a1) The amount received as donation from the District
Development Committee,
(b) 99 .....................
(c) The amount received from education tax,
(d) The amount received as donation, and
(e) The amount received from other sources.
(2) The Fund established pursuant to Sub-section (1) shall be
operated as prescribed.
100.........................
101(3) The Fund pursuant to Sub-section (1) shall be audited by
the Department of Auditor General.
10213A.Fund of the School: (1) There shall be a School Fund in each School,
which shall consist of the following amounts:
(a) The grants received from Government of Nepal,
103(a1) The grants received from District Education Fud,
104(a2) The grants received from Village Development
Committee or Municipality,
(b) The amount to be collected from fees,
(c) The amount received as donation or gift, and
98 Amendment by the Fifth Amendment. 99 Deleted by the Third Amendment. 100 Proviso deleted by the Fourth Amendment 101 Inserted by the Third Amendment. 102 Inserted by the Third Amendment. 103 Inserted by the Fourth Amendment.

37

(d) The amount received from other sources.
(2) The Fund established pursuant to Sub-section (1) shall be
operated and audited as prescribed.
10514. Government of Nepal May Give Directives: (1) Government of
Nepal may, as per necessity, give directives to the District Education
Committee 106 ………… and School Management Committee.
(2) It shall be the duty of each District Education Committee and
107… … … School Management Committee to abide by the dir ctives
pursuant to Sub-section (1).
15. Power of Government of Nepal to Shift, Merge, Re-name or
Close any School: 108 .........Government of Nepal or the prescribed
official may, upon recommendation of the District Education
Committee, shift any existing School from one place to another or
merge two or more Schools into one School or rename the School or
close such School, 109or open a new School at the prescribed place or
area or give permission or approval to operate the School with addition
of classes.
11016. Property of the School: (1) The assets under the ownership of a
Community School shall be considered to be the public property. The
amount received through the sale of the property of such Community
Schools after the cancellation of permission pursuant to this Act or
merging into any other school by Government of Nepal as per the
104 Amendment by the Fifth Amendment. 105 Amended by the Fourth Amendment. 106 Deleted by the Sixth Amendment 107 Deleted by the Sixth Amendment. 108 Deleted by the Second Amendment. 109 Inserted by the Second Amendment. 110 Amended by the Seventh Amendment.

38

prevailing law, shall be deposited to the concerned District Education
Fund if such property is not be used by any other schools.
111(2) The property of the institutional school which is being
conducted under educational trust, shall be in the name of the same
school.
112(2a) Notwithstanding anything contained in Sub-section (2),
the educational trust or a trustee of such trust may transfer the total or
partial share of his/her own investment to a successor as prescribed.
113(2b) In a condition where a school conducting under
educational trust, is closed for some reason, out of the property
remaining in the name of such school the property of the school
conducted under public trust, shall be a public prope ty and the
Government of Nepal may bring such property in the us of the work of
any community school or educational institution; and i a condition
where the property of a school conducted under private trust is not
transmitted to any other person pursuant to Sub-section (2a) the then
trustee of such trust may transfer such property to a school or
educational institution as prescribed.
114(2c) In a condition where the trustee of the private trust does
not transmit the property so concerned to any school or educational
institution pursuant to Sub-section (2b) or such trust does not have
trustee at all, the Government of Nepal may provide th property
remaining in the name of such school to any community school, or any
educational institution.
111 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063 112 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 113 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063.
114 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

39

(3) The property of the Institutional Schools, run as a Company,
shall be in the name of that company.
(4) While receiving any kind of movable or immovable property
from a person or organization, the Institutional School shall obtain
approval from the concerned District Education Committee.
Provided that, for receiving any kind of movable or immovable
property from a foreign person or organization a prior approval of
Government of Nepal shall be obtained.
(5) The property received pursuant to Sub-section (4) shall not
sold (transacted) without the approval of Government of Nepal.
11516A.Exemption and facility to the school: (1) Notwithstanding anything
contained in prevailing law, no registration fees shall be exacted on the
registration of any kind of deeds written in the names of Community
School, and Institutional Schools operated as an Educational Trust.
(2) Except as provided in Sub-section (1), Governme t of Nepal
may provide exemption in the registration of deeds as prescribed to
other schools.
(3) The other exemption and facilities to be provided to the
Community Schools and the Institutional Schools operated as
Education Trust shall be as prescribed.
11616B Cancellation of permission or approval: If, any Institutional School
fails to provide the report pursuant to Sub-sections (4) of Section 3, or
conducts against this Act or Rules made thereunder, th prescribed
official shall cancel the permission or approval of such school.
115 Amended by the Seventh Amendment. 116 Inserted by the Seventh Amendment.

40

Provided that, the concerned school shall be given a reasonable
opportunity to defend before canceling the permission or approval.
11716C. Classification of schools: The classification of school shall be as
prescribed.
11816D. Provision relating to fee: (1) The education of the Primary level of
Community Schools shall be free and Government of Nepal shall
provide textbook free of cost to the students enrolled in such schools.
(2) The fees to be charged on the students studying in Lower
Secondary and Secondary level at Community Schools shall be as
prescribed.
Provided that, a provision of free education in theCommunity
School shall be provided to Dalits, Janjati and girl children and other
students who are below the poverty line.
(3) Once the school charges admission fees to the students while
getting admission in a particular class, the same school shall not collect
any kind of fees from the same student while getting readmission to
another class.
(4) The school shall not collect any kind of fees from the
students to build the physical infrastructure of the school.
119(5) A institutional school shall determine the fees, that is
permitted to be collected from its students, only after the approval of
the prescribed authority. In the course of giving a approval in respect
of the determination of the fees, the prescribed authority shall give
117 Inserted by the Seventh Amendment.
118 Inserted by the Seventh Amendment.
119 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

41

approval on the basis of the facilities provided by such school to the
students.
(6) If, any school collects fees from the students against this Act,
the prescribed official shall make arrangement to return such fee to the
student from the school.
(7) The prescribed official may fine upto Twenty Five Thousand
Rupees to such school which collects fees against this Act.
12016E. Teachers' Union, teachers' conduct and other provisions: (1)
There shall be a Teachers' Union to promote the professional rights and
welfares of the teachers.
(2) The Teachers' Union may be formed in central and district
levels.
(3) The election of the Teachers' Union shall be as pre cribed.
(4) 121.............
(5) The teacher shall be removed from his/her post in the
following conditions: -
(a) 122.................................,
(b) If he/she fails to fulfill the duty of the post,
(c) If he/she remains continuously absent in the school
for more than Fifteen days without any information,
(d) If it is proved that he/she attends school when
drunk,
120 Inserted by the Seventh Amendment. 121 Deleted by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 122 Deleted by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

42

(e) If he/she is convicted by a court of a criminal
offence involving moral turpitude.
12316F.Academic qualifications: The qualifications for a school teacher shall
be as prescribed.
12416G.May Rejoin by the order of the Court: (1) The teacher once
dismissed or discharged from the job followed by the departmental
action may rejoin the job only by an order or decision of the Court.
(2) The teacher rejoined pursuant to Sub-section (1) shall receive
full salary, allowance, increased salary (grade) if any, from the date of
dismissal and rejoining.
12516H. Transfer of Teacher: (1) The teacher who desires a transfer shall fill
up a prescribed form and file an application to the concerned District
Education Office.
(2) If, an application is received pursuant to Sub-section (1), the
126District Education Officer may transfer such teacher if the vacant
position and subject matches.
127Provided that, while so transferring the approval of the District
Education Officer of the place where the applicant is working shall be
taken.
(3) Not withstanding anything contained in Sub-section (2), if
such conditions prevail under which the transfer of any teacher becomes
unavoidable, the District Education Officer may transfer within the
123 Inserted by the Seventh Amendment. 124 Inserted by the Seventh Amendment. 125 Inserted by the Seventh Amendment 126 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 127 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

43

district, the Regional Education Director may transfer within the region
and the Department of Education may transfer within Nepal.
(4) While transferring the teacher pursuant to Sub-section (3),
the District Education Officer shall obtain prior approval from the
Regional Education Director; the Regional Education Director from the
Department of Education and the Department of Education from the
Ministry of Education and Sports, and the recommendation of the
concerned school.
12816I. Not to be applicable to the Institutional Schols: Except otherwise
provided in this Act, the provisions as referred to in Sections 11J, 15,
129Sub-section (5) of Section 16E, 16G, 16H and Sub-section (1) and
Clauses (a), (d) and (e) of Sub-section (2) of Section 17 shall not be
applicable to the Institutional Schools.
130Provided that,
(1) The provisions relating to the shifting of a school
from one place to another pursuant to Section 15,
shall be applicable in the case of the institutional
school also.
(2) The provisions relating to the change of the name
of an institutional school shall be as prescribed.

13116J Institutional school shall provide scholarship: (1) An institutional
school shall provide free scholarship student who are poor, disabled,
woman, dalits or indigenous tribes in such a way that such scholarship
128 Inserted by the Seventh Amendment. 129 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 130 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 131 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

44

shall not be less than Ten percent of the total number of the enrolled
students in such school.
(2) In order to select the students for the purpose of providing
scholarship pursuant to Sub-section (1), a scholarship selection
committee shall be formed in every school consisting of its head master,
the representative of the concerned District Education Office and the
representative of the guardian involved in the school management
committee.
(3) The student's selection criteria for the scholarship pursuant to
Sub-section (1) shall be as prescribed.
13216K. Salary and allowance shall not be received and the tenure of
service shall not be counted: Except in the condition referred to in
Section 16g or in case of being absent from the duty upon sanctioning
leave as per the Rules, the teacher, who has been absent in the school
shall not obtain the salary and allowances for the absent period and
such absent period shall not be counted in his/her tenure of office.
13316L. Provision relating to employee: The employee in community school
shall be arranged as prescribed.
13417. Penalty: 135(1) If, anybody embezzles or causes damage/loss to the
property of the school, the 136Adjudicating Authority shall collect the
claimed amount and punish him/her with a fine of up to Twenty-Five
Thousand Rupees.
132 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 133 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 134 Amended by the First Amendment. 135 Amended by the Seventh Amendment. 136 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

45

137(1a.) If, anyone acts or cause to act, or assist to act as
following such a person 138............... shall be liable for a fine up to One
Hundred Thousand Rupees or an imprisonment upto Six months' or
both based on the gravity of the crime.
(a) If the secrecy of question papers is disclosed,
(b) In case of negligence or irresponsible activity found
in checking answer sheets,
(c) If enters or tries to enter in to the Examination
Centre without the permission of the concerned
official, or commits any indecent act by taking the
Examination Centre under control,
(d) If commits irregularity in publishing examination
results,
(e) If appears in examinations on the behalf of others,
(f) If commits any other act which destroy the
decorum of the examinations.
139(1b) If a lawsuit is filed against any teacher or the employee of
the school before the 140Adjudicating Authority or, the Court in an
offence as referred to in Sub-sections (1) and (1A), such teacher or
employee shall be suspended from the post from the dat of filing a case
until the case is disposed of. A departmental action pursuant to this Act
shall be carried out if such teacher or employee found guilty by the
Court.
137 Inserted by the Seventh Amendment. 138 Deleted by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 139 Inserted by the Seventh Amendment. 140 Inserted by the Education and Sports Related some Nepal Acts Amendment Act, 2063.

46

(2) 141Notwithstanding anything contained in Sub-sections (1)
and (1a.), the prescribed official may punish a person who contravenes
the provision of this Act or the Rules made thereunder as following:
(a) To carry out disciplinary actions against the
teachers and employees of the Schools,
(b) To expel a student from School, hostel or
examination,
142 (c) To impose a fine of One Thousand Rupees to
Twenty Five Thousand Rupees based on the gravity
of offence,
(d) To reduce, suspend or cancel the governmental
assistance to the school,
(e) To cancel the permission or approval so provided
to the School.
14317A. Investigation and prosecution of a Case Relating to Property:
(1) Notwithstanding anything contained in the 144Government Cases
Act, 2049 (1993), a case relating to the offence punishable pursuant to
Sub-section (1) of Section 17 shall be investigated by the prescribed
official, and such case shall be filed to the Adjudicating Authority in the
name of the concerned School after the investigation.
(2) During the process of investigation and filing of the case
pursuant to Sub-section (1), the prescribed official may take legal
opinion of the Government Attorney.
141 Amended by the Seventh Amendment. 142 Amended by the Sixth Amendment. 143 Inserted by the First Amendment.
144 Amended by Seventh Amendment.

47

14517B. Adjudicating Authority : The cases relating to the offence punishable
pursuant to Sub-section (1) of Section 17 shall be heard and disposed of
by the Chief District Officer.
14617C. Government of Nepal shall be plaintiff: (1) Government of Nepal
shall be the plaintiff in a case as referred to in Sub-sections (1) and (1a)
of Section 17.
(2) The case to be filed pursuant to Sub-sections (1a) shall be
deemed to have been included in the Schedule-1 of Government Cases
Act, 2049.
14718. Appeal: (1) An appeal, against the penalty imposed by the Chief
District Officer pursuant to Section 17B, may be fil d before Court of
Appeal within Thirty Five days.
148(2) An appeal, against the penalty imposed by the prescribed
authority pursuant to Sub-section (2) of Section 17, may be filed before
the prescribed authority.
19. Power to frame Rules: (1) Government of Nepal may frame Rules in
order to execute the objectives of this Act.
(2) Without prejudice to the generality of powers ve ted by Sub-
section (1), such Rules may in particular make provisi ns on the
following:
(a) Flag, emblem and prayers of the Schools,
149(b) Fee to be chargeable on students and its realization,
145 Inserted by the First Amendment. 146 Amended by the Seventh Amendment. 147 Amended by the First Amendment. 148 Amended by the Education and Sports Related some Nepal Acts Amendment Act, 2063. 149 Amended by the Fourth Amendment.

48

150(c) Grants to be given to the Schools,
(d) Examination of Schools,
151(d1) Relating to determination of equivalency of School
Leaving Certificate Examination,
152(d2) Relating to National Teachers Service Commission,
153(d3) Relating to Teachers Registration Office of the
Schools,
(e) Determination of extra-curricular activities and
programmes of the School,
154 (f) Relating to oath of the teachers and employees of
the school,
(g) Methods of admission of students in Schools and
the number of students,
(h) Protection of properties of Schools,
(i) Operation of hostel of Schools,
(j) Checking of income and expenditure of Schools,
(k) Methods of preparing and keeping of records,
ledgers and other documents of Schools,
155(l) Curriculum, textbook and reference materials of
Schools,
150 Amended by the Fourth Amendment. 151 Inserted by the Sixth Amendment. 152 Inserted by the Sixth Amendment. 153 Inserted by the Sixth Amendment. 154 Amended by the Fourth Amendment.

49

(m) Code of conduct of teachers and students,
(n) Library and reading rooms of Schools,
(o) Co-education,
156(p) Training on Teaching and School Management,
(q) Powers and duties of a Headmaster,
157 (r) Conditions of service of the teachers of Schools,
158(s) Teaching 159License, identity card and pass (logo)
of the teachers of Schools,
160(t) Special education,
161(u) Informal Education,
162(u1) Distance Education
(v) Constitution of Teacher's Service,
(w) District Education Fund,
(x) Student counseling and guidance service 163………
(y) Other necessary matters,
164(z) Operation of Residential Schools,
155 Amended by the Fourth Amendment. 156 Amended by Seventh Amendment. 157 Amended by the Fourth Amendment. 158 Amended by the Fourth Amendment. 159 Amended by the Seventh Amendment. 160 Amended by the Fourth Amendment. 161 Amended by the Seventh Amendment. 162 Inserted by the Seventh Amendment. 163 The word "and" is deleted by the Second Amendment. 164 Inserted by the Second Amendment and Amendment by the Fifth Amendment.

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165(z1) Relating to 166Institutional Schools,
167(z2) Relating to coaching class, language teaching class
and teachers training class operated in private
sector,
20. Powers to Remove Difficulties: If any difficulty or hindrance is
encountered in executing the purposes of this Act, Government of Nepal
may, in order to remove such difficulty or hindrance, issue an order by a
Notification in the Nepal Gazette, and such order shall be considered as
incorporated in this Act.
21. Savings and Exemption: (1) The provision of 168this Act or, the Rules
made thereunder shall prevail on matters provided hrein and in all
other matters the prevailing laws of Nepal shall apply.
169(1a) Notwithstanding anything contained in this Act, it shall
prevent Government of Nepal to take action pursuant to Prevention of
Corruption Act, 2059 (2002).
(2) Education Act, 2025 (1968) and Education Rules, 2027
(1972) shall not apply in the areas where this Act has come into force.
165 Inserted by the Second Amendment. 166 Amended by the Seventh Amendment. 167 Inserted by the Fifth Amendment. 168 Amended by the Seventh Amendment 169 Inserted by the First Amendment.