Higher Secondary Education Act, 2046 (1989)


Published: 1989

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Higher Secondary Education Act_2046
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Higher Secondary Education Act, 2046
Amending Acts Date of Royal Assent and Publication
2046-7-11 (Oct. 27, 1989 A.D.)
1. Higher Secondary Education (First Amendment)
Act, 2047 (1990) 2047-6-4 (Sept. 20, 1990)
2. Higher Secondary Education (Second Amendment)
Act, 2049 (1992) 2050-2-20 (May 2, 1993)
3. Education and sports Related some Nepal Acts
Amendment Act, 2063 2063-9-14 (Dec 29, 2006)
Act No. 21 of 2046 B.S.
An Act to Provide for Higher Secondary Education
Preamble: Whereas, it is expedient to ............ maintain good conduct, friendliness
and morality of people in general; in order to produce mid-level human resources of
good quality having mobilized people's participation for expanding knowledge,
science, skills in various sectors and in order to create a level of higher secondary
education having added one academic level of two years in the ten-year education
system which is in practice as the foundation of entry i to higher education;
Be it enacted by His Majesty the King Birendra Bir Bikram Shahdev
the advice with and consent of the Rastriya Panchayat.
1. Short Name and Commencement:
1.1 This Act may be called "Higher Secondary Education Act, 2046
(1989)".
1.2 This Act shall come into force in the areas and on such date as
prescribed in Notification as published by Governme t of Nepal in the
Nepal Gazette#.
Deleted by Education and sports Related some Nepal Acts Amendment Act, 2063 # Appointed to be commenced since 12th of Falgun, 2046 (Feb. 23, 1990 A.D.) Nepal Gazette dated 2046-11-8 (Feb. 19, 1990 A.D.)

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2. Definitions: In this Act, unless the subject or the context otherwise
requires;
2.1 "Higher Secondary Education" means the education to be imparted in
classes eleven and twelve.
2.2 "Higher Secondary School" means a school imparting higher secondary
education.
2.3 "Higher Secondary Education Examination" means the examination to
be conducted at the end of the higher secondary education.
◊2.3a "Senate" means the Higher Secondary Education Senate formed under
section 4A.
2.4 "Council" means the Higher Secondary Education C uncil formed under
Section 5.
2.5 "Prescribed" or "as prescribed" means prescribed or as prescribed in the
Rules or Byelaws framed under this Act.
∗3. Schools Imparting Higher Secondary Education to get Affiliation:
3.1 If a secondary school approved by Government of Nepal fulfills, the
prescribed terms and conditions, the Council, on the recommendation
of District Education Committee and Department of Education may
grant affiliation to such secondary school as a school to impart higher
secondary education.
3.2 If any individual or organization willing to operate higher secondary
education fulfills the prescribed terms and conditions, the Council on
the recommendation of District Education Committee and Department
of Education may grant approval to the school to be established by such
an individual or organization for imparting higher secondary education.
◊ Inserted by the Second Amendment. ∗ Amended by the Second Amendment.  Inserted Education and sports Related some Nepal Acts mendment Act, 2063

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4. Operation of Higher Secondary School: Operation of a higher secondary
school shall be as prescribed.
◊4A. Formation of Senate of Higher Secondary Education:
4A.1 there shall be a Higher Secondary Education Se ate for policy
formation for enhancement of standard of education to be imparted by a higher
secondary school and for maintaining coordination amongst such schools.
4A.2 There shall be the following members in the Senate referred to in
Sub-section 4A.1: –
4A.2.1 Minister or Minister for State for Education
and Sport –Chairperson
4A.2.1a Person nominated by Government of Nepal from
amongst educationists –Vice
Chairperson
4A.2.2 .........
4A.2.3 President, Population and Social Committee, th House
of Representatives –Member
4A.2.4 Two persons nominated by Government of Nepal from
amongst the members of the National Assembly and
the House of Representatives• –Member
4A.2.5 Member, The National Planning
Commission (Education) –
Member
◊ Inserted by the Second Amendment Amended by the Education and sports Related some Nepal Acts Amendment Act, 2063  Inserted Education and sports Related some Nepal Acts mendment Act, 2063 Deleted by Education and sports Related some Nepal Acts Amendment Act, 2063  Interim Constitution of Nepal, 2063 does not provide for House of Representives. • At present there is a Constituent Assembly in Nepal.

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4A.2.6 Secretary, Ministry of Education, Culture and Social
Welfare♣ –Member
4A.2.7 Secretary, Ministry of Finance –Member
4A.2.8 Vice Chancellors of the Universities established
as per law –Member
4A.2.9 Five persons nominated by Government of Nepal from
amongst the Headmasters of the higher secondary
school getting affiliation
–Member
4A.2.10 One Representative of the Nepal University Teachers
Association –Member
4A.2.11 Two persons nominated by Government of Nepal from
amongst the presidents of recognized teachers’
organizations and associations –Member
4A.2.12 Two persons nominated by Government of Nepal from
amongst the educations –Member
4A.2.13 One person nominated by Government of Nepal from
amongst the donors donating higher secondary school
getting affiliation and founders thereof –
Member
4A.2.14 Person nominated by Government of Nepal –Memb r-
Secretary
4A.3 The term of office of nominated members shall be of four years and they
may be re-appointed upon expiry of the term of office.
4A.4 Procedures relating to meeting of the Senate shall be as prescribed.
♣ At present this Ministry has been named as "Education Ministry'. Amended by the Education and sports Related some Nepal Acts Amendment Act, 2063

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◊4B Functions, Duties and Powers of the Senate:
4B.1 The following shall be the functions, duties and powers of the Senate:-
4B.1.1 To guide the Council,
4B.1.2 To determine policies of the Council and to pr vide and cause
to provide for its effective implementation,
4B.1.3 To evaluate or cause to evaluate whether or not there is quality
development of higher secondary education,
4B.1.4 To approve annual budget and programs of the Council,
4B.1.5 To cause to prepare long-term plan and to make necessary
arrangement for its implementation,
4B.1.6 To give necessary directives to any agency or authority under
the Council,
4B.1.7 To carry out or cause to carry out other functions under this
Act or Rules framed thereunder.
∗5. Formation, Functions, Duties and Powers of Higher Secondary
Education Council:
5.1 There shall be a Higher Secondary Education Council as follows for the
operation of functions of the Higher Secondary Education Senate: –
5.1.1 Chairperson of the Senate –
Chairperson
5.1.2 Vice-Chairperson of the Senate –Vice ,,
5.1.3 Four persons nominated by the Chairperson on the
recommendation of the Senate from amongst the members of
the Senate –Member
◊ Inserted by the Second Amendment ∗ Amended by the Second Amendment.

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5.1.4 Member-Secretary of the Senate –Member
Secretary
5.2 The term of office of the members nominated to the Council shall be
four years and they may be re-appointed upon expiry of their term of
office.
5.3 Functions, duties and powers of the Council shall be as prescribed.
5.3a Functions, Duties, Powers and other condition of service of the vice
chairperson shall be as prescribed.
5.4 ............
5.5 Procedures relating to meeting of the Council sha l be as prescribed.
6. Committees may be Formed:
6.1 The Council may, in order for ........ operation of examination and
affiliation of higher secondary education, form one or more committees.
6.2 Composition, functions, duties and powers of committees formed
pursuant to Sub-section 6.1 shall be as prescribed by the Council.
7. Council to be an Autonomous Corporate Body:
7.1 The Council shall be an autonomous body corporate with perpetual
succession.
7.2 The Council shall have its own seal for the transaction of its business.
7.3 The Council may acquire, use, mortgage, sell or manage in other ways
the movable and immovable property like an individual.
7.4 The Council may file a case and a case may be filed against it as an
individual.
7.5 Central office of the Council shall be located at Kathmandu valley.
 Inserted Education and sports Related some Nepal Acts mendment Act, 2063 Deleted by Education and sports Related some Nepal Acts Amendment Act, 2063

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8. Qualification Required for Admission to Higher Secondary School:
Students having passed the School Leaving Certificate Examination or the
equivalent shall be eligible for admission to higher s condary school.
9. Recognition of Higher Secondary Education: Certificate of having passed
Higher Secondary Education Examination shall be recognized as equivalent to
passing Proficiency Certificate level of universities in the Nepal.
9A. Approval of Curricula and Determination of Text Book :
9A.1 Council shall submit the curricula to be taught in the Higher Secondary
School before the Education and Sports Ministry fo its approval.
9A.2 Ministry of Education and Sports may examine th curricula submitted
to it pursuant to Sub-section 9A.1 and approve it .
9A.3 Higher Secondary School shall conduct the teaching process as per the
curricula approved by the Ministry of Education and Sports
pursuant to Sub- section 9A.2 .
10. Provisions Relating to Employees:
10.1 The Council may manage for necessary employees.
10.2 Functions, duties and powers of the employees of the Council shall be as
prescribed.
10.3 Remuneration, terms and conditions of service facilities of the
employees of the Council shall be as prescribed.
◊10.A Powers to arrange Financial Resources: The Council may, with the
prior approval of Government of Nepal, secure loans d grants or collect
financial resources from any other manner for the amount needed for smooth
operation its business.
11. Fund of the Council:
 Inserted Education and sports Related some Nepal Acts mendment Act, 2063 ◊ Inserted by the Second Amendment

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11.1 The Council shall have a separate fund. The following amounts shall be
deposited in the said fund: –
11.1.1 Grants from Government of Nepal
11.1.2 Amount to be received from donation
11.1.3 Amount to be received from other sources
11.2 Entire expenses to be made on behalf of the Council shall be borne by
the fund referred in Sub-section 11.1.
11.3 Operation of the fund referred to in Sub-section 11.1 shall be as
prescribed.
12. Accounts of the Council and Auditing:
12.1 Accounts of the Council shall be maintained as per the prevailing format
and method of Government of Nepal.
12.2 Accounts of the Council shall be audited by the office of the Auditor
General.
12.3 Government of Nepal may inspect documents, relating to accounts and
cash and kind of the Council at anytime whatsoever.
13. Classes of Proficiency Certificate Level may be Transferred to
Higher Secondary School:
13.1 The classes of proficiency certificate level bing conducted at the
campuses under the affiliation to, or as constituent of, ∗universities in at
the time of commencement of this Act may be transferred to higher
secondary school.
*13.2 Notwithstanding anything contained in the prevailing law relating to
universities, Tribhuvan University or any other university shall not give
approval or affiliation to any academic institution to conduct proficiency
certificate level classes in the areas where this Act has been enforced.
∗ Amended by the Second Amendment.

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++13A. Special Provision: Notwithstanding anything contained in Section 13, there
shall be no hindrance for Tribhuvan University to give approval or affiliation to
any academic institution to conduct proficiency certificate level classes in the
area or areas in which this Act has been enforced for a period of four years
from the date of commencement of this Section.
13b. Power to Supervision and monitoring:
13b.1 Notwithstanding anything contained in this Act and Rules framed under
this Act, Director General of the Education Department shall have the
following powers:
13b.1.1 to supervise and monitor the Higher Secondary school .
13b.1.2 to manage for any of the amount provided by the
Government of Nepal to the Higher Secondary school .
14. Delegation of Powers: The Council may delegate all or some of the powers
conferred on it by this Act or Rules framed under this Act to * Regional
Education Director, *District Education Officer or Committee or officer of the
Council.
15. Government of Nepal may Issue Directives:
15.1 Government of Nepal may issue directives to the Council with regard to
higher secondary education from time to time.
15.2 It shall be the duty of the Council to abide by the directives issued
pursuant to Sub-section 15.1
16. Power to Frame Rules: To implement the objectives of this Act, Government
of Nepal may frame Rules.
++ Inserted by the First Amendment.  Inserted Education and sports Related some Nepal Acts mendment Act, 2063

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17. Power to Frame Byelaws: Subject to this Act and Rules framed thereunder
Council may, in order to make its internal functioning well organized, frame
byelaws.
◊18. Liaison with Government of Nepal: Ministry of Education, Culture and
Social Welfare shall liaison to the council while making contact with the
Government of Nepal.
◊ Inserted by the Second Amendment.