chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Ownership of Joint Housing Act, 1997

Joint Ownership of Housing Act, 2054 (1997)

Date of Royal Seal and Publication
2054.9.7

Amending Acts
Date of Certification and Publication

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.10.7
2. Some Nepal Acts Amendment Act, 2072 (2015) 2072.11.13

Act Number 15 of the year 2054 (1997)



An Act Made to Provide for Joint Ownership of Housing

Preamble: Whereas, due to the pressure of excessive population in the urban areas of Nepal omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., the price of land has increased, resulting in a situation where the city dwellers are deprived of housing facilities; therefore, it is desirable to develop joint housing, sell and distribute affordable housing units in an accessible manner to resolve the existing housing problem and make provisions for systematic settlement, and to make provisions relating to the rights and duties of the owners of such housing units;

Be it enacted by Parliament in the twenty-sixth year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. Chapter - 1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Joint Ownership of Housing Act, 2054".

(2) This Act shall commence on such date as the Government of Nepal may, by notification in the Nepal Gazette, appoint. 2.
Ownership of Joint Housing Act, 1997

Chapter - 1
Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Joint Ownership of Housing Act, 2054".

(2) This Act shall commence on such date as the Government of Nepal may, by notification in the Nepal Gazette, appoint. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Joint Housing Building" means a building with two or more floors constructed on any land containing two or more housing units, and that term also includes two or more buildings of a similar nature constructed on the same land and named as a block, pocket, or other similar name, and the land, compound, and complex occupied by such buildings.

(b) "Housing Unit (Apartment)" means any unit of such a building, having one or more rooms, along with common areas and facilities that can be independently used in a joint housing building.

(c) "Founder" means an organized institution registered under the prevailing law, which has obtained approval pursuant to Section 5 for constructing and operating a joint housing building.

(d) "Housing Unit Owner" means a person or organized institution who purchases, takes on lease (rent), or otherwise occupies a housing unit, subject to the conditions mentioned in the agreement made pursuant to this Act.

(e) "Common Areas and Facilities" means the common areas and facilities referred to in Section 16.

(f) "Limited Common Areas and Facilities" means areas and facilities constructed or kept for the exclusive use of only some housing unit owners.

(g) "Agreement" means an agreement made between the Founder and the person taking the housing unit regarding the purchase, lease, or other form of occupation of the housing unit.

(h) "Committee" means the Housing Management Committee formed pursuant to Section 24 for the supervision, management, and operation of the joint housing building.

(i) "Authorized Officer" means the body or officer designated by the Government of Nepal by notification in the Nepal Gazette.

(j) "Prescribed" or "as prescribed" means prescribed or as prescribed by the rules made under this Act. Chapter - 2
Provision Relating to Approval of Joint Housing Building

3. Not to Construct Joint Housing Building Without Approval: Except where otherwise provided in other prevailing laws, no one shall construct or cause to be constructed a joint housing building without obtaining the approval of the Authorized Officer. 4.
Ownership of Joint Housing Act, 1997

Chapter - 2
Provision Relating to Approval of Joint Housing Building

3. Not to Construct Joint Housing Building Without Approval: Except where otherwise provided in other prevailing laws, no one shall construct or cause to be constructed a joint housing building without obtaining the approval of the Authorized Officer. 4. Application for Approval: The organized institution wishing to construct and operate a joint housing building shall submit an application to the Authorized Officer in the prescribed format, along with the proposed plan, structural design, area and ownership details of the land, procedure for sale and distribution of housing units, details of common areas and facilities, and the operational plan of the joint housing building, for approval to construct and operate the joint housing building. 5. To Give Approval: Upon receipt of an application pursuant to Section 4, if upon making necessary inquiries the Authorized Officer finds that the procedure as prescribed has been completed, he/she shall grant approval to the applicant to construct and operate the joint housing building. 6. May Call for Further Details or Documents: If, during the course of inquiry pursuant to Section 5, the Authorized Officer finds any further details or documents relating to the joint housing building necessary, he/she may call for such details or documents from the applicant, and it shall be the duty of the concerned applicant to submit the details or documents so called for immediately. 7. Not to Pass Plan Without Approval: Notwithstanding anything contained in the prevailing law, the body authorized to pass plans under the prevailing law shall not pass the plan for constructing a joint housing building without the approval of the Authorized Officer under this Act. Chapter - 3
Sale, Ownership and Transfer of Housing Unit

8. Sale and Other Arrangements of Housing Unit: (1) The Founder may sell a housing unit by receiving the full amount or by receiving payment in installments.

(2) The Founder may give a housing unit to any person or institution for occupation on lease or in any other manner.

(3) While selling or giving for occupation on lease or in any other manner pursuant to sub-section (1) or (2), an agreement as mentioned in Section 15 must be made.

(4) While selling or giving for occupation on lease or in any other manner pursuant to sub-section (1) or (2), the Founder shall also give a certificate to the housing unit owner in the prescribed format. 9.
Ownership of Joint Housing Act, 1997

9. Ownership and Use of Housing Unit: (1) After the housing unit owner has paid the entire amount to the Founder pursuant to this Act, the owner shall have full ownership of such housing unit.

(2) The housing unit owner shall be entitled to fully use the housing unit, subject to the conditions mentioned in the agreement. 10. Housing Unit Owner May Sell or Lease Housing Unit: Subject to Section 11 and the conditions mentioned in the agreement, the housing unit owner may sell, lease, transfer ownership by any other means, or give for occupation to anyone else the housing unit owned by him/her. 11. To Comply with Agreement: (1) If the housing unit owner sells, leases, or allows occupation of the housing unit owned by him/her in any other manner, the person purchasing, taking on lease, or occupying in any other manner shall comply with the matters mentioned in the agreement made with the Founder concerning such housing unit, this Act, or the rules and procedures made under this Act.

(2) Employees and workers working in the joint housing building shall comply with the matters mentioned in this Act, or the rules and procedures made under this Act, and the agreement. 12. Circumstances Where Transfer of Ownership of Housing Unit is Not Allowed: (1) Notwithstanding anything contained elsewhere in this Act, if any amount payable by a person or institution in respect of a housing unit sold to such person or institution remains outstanding, such person or institution may only use such housing unit, subject to the conditions mentioned in the agreement.

(2) Until the outstanding amount pursuant to sub-section (1) is paid, the ownership of the housing unit occupied by such person or institution shall not be transferred to anyone else in any manner. 13. Not to Sell Without Consent: When a housing unit owner sells the housing unit to anyone, the body responsible for registration under the prevailing law shall not pass the written registration of the sale of such housing unit unless the Founder or the Committee gives written consent stating that the housing unit owner has no outstanding amount, fee, charge, levy, etc., payable to the Founder or the Committee. 14. To Give Consent: If a housing unit owner needs to sell the housing unit to someone else and requests consent pursuant to Section 13, the Founder or the Committee shall give written consent for the sale of such housing unit if the person has no outstanding amount, fee, charge, levy, etc., payable. Chapter - 4
Provision Relating to Agreement

15.
Ownership of Joint Housing Act, 1997

Chapter - 4
Provision Relating to Agreement

15. To Make Agreement: (1) While selling a housing unit, giving it on lease, or allowing occupation in any other manner, the Founder shall make an agreement with the person or organized institution purchasing, taking on lease, or taking for occupation in any other manner.

(2) The agreement made pursuant to sub-section (1) shall clearly mention the following matters:-

(a) Names and addresses of the parties to the agreement.

(b) Location of the land on which the joint housing building is built, ownership of the land, area, plot number of the land, and other details relating to the land and the joint housing building.

(c) Housing unit number, area of the housing unit, number of rooms in the housing unit, facilities, and other necessary details relating to the housing unit.

(d) Details of whether the housing unit is sold, leased, or given for occupation in any other manner.

(e) If the housing unit is to be sold, the price thereof and the payment procedure.

(f) If the housing unit is to be given on lease or for occupation in any other manner, the duration thereof and details relating to rent.

(g) Details relating to the common areas and facilities and limited common areas and facilities that the housing unit owner may collectively use in a proportionate manner.

(h) Conditions to be observed while using the housing unit, and the acts permissible and not permissible within the housing unit.

(i) Common expenses and liabilities to be borne for the repair, maintenance, and supervision of common areas and facilities.

(j) Matters relating to the rights, duties, and obligations of the housing unit owner and the Founder.

(k) The percentage of the joint housing building that falls within that housing unit.

(l) The amount payable for insurance.

(m) Other necessary matters. Chapter - 5
Collective Interest and Liability

16. Common Areas and Facilities: A housing unit owner may use the following common areas and facilities in a proportionate manner, provided that it does not adversely affect the rights of other housing unit owners:-

(a) The land of the joint housing building.

(b) Foundation, pillars, girders, beams, supports, walls, fences, roofs, halls, corridors, lobbies, staircases, fire escapes, and entrances and exits of the joint housing building.

(c) Basement, cellar, courtyard, garden, parking area, and warehouse.

(d) Place for keeping generators and place for security guards.

(e) Parts of the building used for electricity, gas, cold and hot water supply, heating or air conditioning.

(f) Means of collective use such as elevators, pumps, tanks, motors, fans, garbage containers. 17.
Ownership of Joint Housing Act, 1997

17. Not to Divide: Common areas and facilities and limited common areas and facilities shall not be partitioned or divided, except as provided in this Act or the operational procedure made under this Act. 18. To Bear Common Expenses: The housing unit owner shall pay to the Founder or the Committee the common expenses incurred as mentioned in the agreement, in proportion to the share of facility used by him/her, for the operation, maintenance, repair, sanitation, and supervision of the common areas and facilities used by him/her. 19. Not to Refuse: The housing unit owner shall not refuse to bear the common expenses payable by him/her as mentioned in the agreement. 20. May Restrict: If the housing unit owner fails to pay the amount payable to the Founder or the Committee on account of common expenses, the Founder or the Committee may restrict the housing unit owner from using any of the services or facilities among the common areas and facilities and limited common areas and facilities used by him/her, or may prohibit the transfer of such housing unit to anyone in any manner until the outstanding amount is paid. 21. Insurance of Joint Housing Building: The Founder or the Committee shall compulsorily obtain insurance for the joint housing building against natural calamities. The entire cost incurred for such insurance shall be borne by the housing unit owners proportionately as mentioned in the agreement. 22. If Joint Housing Building is Destroyed or Damaged: (1) If the joint housing building is completely damaged from any cause whatsoever, the rights of all housing unit owners in the land on which such building is situated shall remain in a proportionate manner.

(2) If the joint housing building is partially damaged and can be repaired or rebuilt, the Founder or the Committee shall repair such damaged building within the prescribed period from the date of such damage. Chapter - 6
Management of Joint Housing Building

23. Preservation, Supervision, Repair and Maintenance of Joint Housing Building: The duty of preservation, supervision, repair, maintenance and sanitation of the joint housing building and common areas and facilities shall be of the Founder. 24.
Ownership of Joint Housing Act, 1997

Chapter - 6
Management of Joint Housing Building

23. Preservation, Supervision, Repair and Maintenance of Joint Housing Building: The duty of preservation, supervision, repair, maintenance and sanitation of the joint housing building and common areas and facilities shall be of the Founder. 24. Housing Management Committee to Carry Out Preservation, Supervision, Repair and Maintenance: (1) Notwithstanding anything contained in Section 23, if the Founder sells all housing units owned by him/her, or if all housing unit owners of a joint housing building express written consent to operate the joint housing building themselves and submit it to the Founder, or if the Founder organized institution is dissolved or the Founder person becomes insolvent and unable to pay debts to creditors and unable to carry out preservation, supervision, repair, maintenance and sanitation of the joint housing building and common areas and facilities, the housing unit owners shall form a Housing Management Committee from among themselves for the purpose of carrying out the preservation, supervision, repair, maintenance and sanitation of the joint housing building and common areas and facilities, and the procedure for the meeting of such Committee shall be determined by the Committee itself.

(2) Upon formation of the Committee pursuant to sub-section (1), all tasks and activities stated to be performed by the Founder under this Act or the rules made under this Act shall be performed by that same Committee. 25. May Charge Fee, Levy, and Charge: For the purpose of carrying out the operation, preservation, supervision, repair, maintenance, and sanitation of the joint housing building and common areas and facilities, the Founder or the Committee may collect fees, levies, and charges from the housing unit owners as mentioned in the agreement. Chapter - 7
Miscellaneous

26. May Construct Joint Housing Building for Private Use: (1) If anyone wishes to construct a joint housing building for private use, he/she shall, stating the same, submit an application to the Authorized Officer pursuant to Section 4 and obtain approval.

(2) Notwithstanding anything contained elsewhere in this Act, the provisions of other Chapters of this Act, except Chapter 2, shall not apply in relation to the operation, management and other matters of a joint housing building constructed for private use pursuant to sub-section (1), and the operation of such joint housing building shall be in accordance with the agreement made among the persons constructing such building. 27.
Ownership of Joint Housing Act, 1997

27. Acts Not to be Done: (1) The Founder or the Committee shall not do the following acts:-

(a) To construct a joint housing building contrary to the standards approved by the Authorized Officer or the level determined by him/her.

(b) To construct such building contrary to the plan, structural design, and scheme approved for the construction of the joint housing building.

(c) To act in a manner contrary to the interests of the housing unit owners.

(2) The housing unit owner shall not do the following acts:-

(a) To adversely affect the security of the joint housing building area and the security and health of other housing unit owners.

(b) To do any act that may reduce the value of the joint housing building.

(c) To carry out additional construction, demolition, or excavation in his/her housing unit.

(d) To subdivide or fragment and sell the housing unit.

(e) To deprive other housing unit owners of the use of common areas and facilities and limited common areas and facilities. 28. Penalty: (1) If anyone constructs a joint housing building without obtaining approval pursuant to Section 5, the Authorized Officer may fine such person or institution up to one hundred thousand rupees and also order the demolition of the building so constructed.

(2) If a joint housing building is damaged due to the failure of a Founder to construct the joint housing building in accordance with the plan, structural design, scheme, and the standards and levels determined by the Authorized Officer, such Founder shall be liable to a fine of one hundred thousand to five hundred thousand rupees, and if it is proved that such joint housing building collapsed due to technical defects causing loss to anyone, the aggrieved person may also claim reasonable compensation from the Founder.

(3) If anyone intentionally violates any order or directive issued pursuant to this Act or the rules made under this Act, or fails to perform any task or activity that he/she is required to perform, or performs any task or activity that he/she is prohibited from performing, the Authorized Officer may, considering the gravity of the offense, impose a fine up to fifty thousand rupees on such person, and if such offense is repeated, an additional fine at the rate of five thousand rupees for each subsequent offense shall also be imposed. 29.
Ownership of Joint Housing Act, 1997

29. May Exempt: (1) The Government of Nepal may, by notification in the Nepal Gazette, exempt partially or fully the registration fee payable according to the prevailing law while selling or purchasing housing units.

(2) The Government of Nepal may, by notification in the Nepal Gazette, exempt partially or fully the tax, revenue, and fee payable according to the prevailing law in the course of operating a joint housing building. 30. Provision Relating to Defense: If it becomes necessary to conduct any kind of case or legal proceedings on behalf of the joint housing building against any other person, the Founder or the Committee shall conduct the defense-related proceedings in such case, matter, or legal proceedings. 31. Limitation: A complaint for any offense under this Act shall be lodged within one year from the date of commission of such offense and within three months from the date of knowledge thereof. 32. Appeal: A person dissatisfied with a decision made by the Authorized Officer pursuant to this Act may file an appeal in the concerned amended by the Some Nepal Acts Amendment Act, 2072. District Court within thirty-five days from the date of such decision. 33. May Issue Directive: For the proper operation of the joint housing building, the Authorized Officer may, if deemed necessary, issue directives to the Founder or the Committee, and it shall be the duty of the concerned Founder or Committee to comply with such directives. 34. To be According to Prevailing Law: Matters provided for in this Act shall be according to this Act, and other matters shall be according to the prevailing law. 35. May Make Rules: The Government of Nepal may make necessary rules for the implementation of the objectives of this Act. 36. May Formulate and Implement Operational Procedure: For the operation and management of the joint housing building, the Founder or the Committee may formulate and implement an operational procedure on the following matters, so long as it is not inconsistent with this Act or the rules made under this Act:-

(a) Matters relating to the preservation, repair, and maintenance of the joint housing building.

(b) Matters to be complied with by housing unit owners while using the housing unit.

(c) Matters relating to the service, terms, and facilities of employees working in the joint housing building.

(d) Matters relating to other things necessary for operating the joint housing building.
Compulsory and Free Education Act, 2018

Chapter-2

Citizen's Access to Education and Responsibility of the State

3. Right to Receive Education: (1) Every citizen shall have the right to equitable access to quality education. No one shall be discriminated against on any ground in receiving education.

(2) Every Nepali community residing in Nepal shall have the right to receive education in the mother tongue.

(3) For the purpose of Subsection (1), every citizen shall have the right to become literate, to receive early childhood development and education, basic education, secondary education, and higher education in accordance with this Act or the prevailing law.

(4) Every citizen receiving education shall have the right to gain admission, study, conduct research, participate in examinations, or obtain educational certificates in a school or teaching institution in accordance with this Act or the prevailing law.

(5) Every illiterate citizen shall have the right to become literate as prescribed.

(6) Every citizen shall have the right to receive higher education according to his or her qualification, ability, and interest, fulfilling the conditions and standards as per the prevailing law.

(7) Citizens with disabilities shall have the right to receive education through the medium of special education as well.

(8) Economically disadvantaged citizens, citizens with disabilities, and Dalit citizens shall have the right to receive free higher education.

(9) Children of martyrs who sacrificed their lives during the people's movement, armed struggle, revolution, persons who were disappeared, conflict victims, injured persons, and persons with disabilities shall have the right to receive special opportunities as prescribed.

(10) Every child shall have the right to receive quality education from qualified teachers as provided for in the prevailing law. 4. Responsibility of the State to Provide Education: (1) The responsibility to provide education up to the basic level to every citizen and the duty to make necessary arrangements related thereto shall be of the Government of Nepal, the Provincial Government, and the Local Level.

(2) The responsibility to provide education up to the secondary level to every citizen shall be of the State.

(3) For the purpose of Subsections (1) and (2), the Government of Nepal shall make necessary coordination and provide leadership. 5. Duties of Citizens: (1) Attaining basic level education shall be the duty of every citizen.

(2) Sending his or her children of the age group entitled to receive basic education to school regularly shall be the duty of every citizen. Chapter-3

Compulsory and Free Education

6.
Compulsory and Free Education Act, 2018

5. Duties of Citizens: (1) Attaining basic level education shall be the duty of every citizen.

(2) Sending his or her children of the age group entitled to receive basic education to school regularly shall be the duty of every citizen. Chapter-3

Compulsory and Free Education

6. Compulsory Education to be Provided: (1) After the commencement of this Act, the State, through each Local Level, shall make arrangements to provide compulsory education up to the basic level to every child who has completed four years of age and has not completed thirteen years of age.

(2) In addition to the education referred to in Subsection (1), at least one year of early childhood development and education shall be provided after the child has completed four years of age.

(3) The Local Level shall make arrangements to provide education safely up to the basic level to children affected by natural disasters, accidents, emergency incidents, and other causes. 7. Children to be Enrolled: (1) After the commencement of this Act, the concerned guardian shall cause every child to be enrolled in a school convenient to him or her, in the grade corresponding to his or her age, at the basic level. Explanation: For the purposes of this Chapter, "School convenient to him or her" means a school located within a distance generally up to two kilometers from the place of residence of the guardian of the concerned child.

(2) Notwithstanding anything contained in Subsection (1), it shall not be deemed an obstacle to open a school generally within a distance of two kilometers, taking into account the geographical situation of the concerned district, population density, the number of school-going age children, etc.

(3) A guardian shall not remove a child from school or prevent him or her from going to school with the intention of depriving him or her of teaching and learning, after the child is enrolled in school pursuant to Subsection (1), without completing education up to the basic level.

(4) If children are unable to go to school due to economic, geographical, or physical, mental condition or any other adversity, arrangements may be made for them to study in a residential school as prescribed.

(5) A guardian who fails to enroll a school-going age child in school, or who removes a child from school without completing education up to the basic level even after enrollment, may be deprived of the facilities provided by the Local Level.

(6) Before depriving of facilities pursuant to Subsection (5), arrangements shall be made to counsel the concerned guardian as necessary and to motivate him or her to send the child to school. 8.
Compulsory and Free Education Act, 2018

8. Right to Receive Education from a Convenient School: (1) Every child shall have the right to receive education up to the basic level or secondary level from a school convenient to the place of residence of his or her guardian.

(2) If a school as referred to in Subsection (1) is not available for a child of the age entitled to receive basic education, the concerned Local Level shall, within three years from the commencement of this Act, establish a school in that place or make alternative arrangements enabling such child to receive education up to the basic level.

(3) Nothing contained in this Section shall prevent the concerned guardian from enrolling his or her child in any other school of his or her choice or the concerned child from being enrolled and receiving education in another school of his or her choice. 9. Not to Refuse Enrollment: (1) If a guardian requests to enroll his or her child in a school convenient to him or her or in any other school to receive education up to the basic level, the Principal of such school shall not refuse to enroll, except in the following circumstances:-

(a) if the number of children fixed for teaching in any grade has already been filled,
(b) if the child does not meet the minimum standard of the grade in which he or she desires to be enrolled,
(c) if additional children cannot be enrolled due to the physical condition of the school.

(2) Notwithstanding anything contained in Clauses (a), (b) and (c) of Subsection (1), children with disabilities or economically disadvantaged children shall be enrolled by their convenient school itself.

(3) If it is necessary to refuse enrollment of a child pursuant to Subsection (1), the concerned Principal shall recommend the enrollment of the concerned child to another suitable school nearby, if any.

(4) If a child cannot be enrolled pursuant to Subsection (3), the reason shall be given in writing to the guardian, with information to the concerned Ward Office, and such Office shall facilitate the enrollment of such child in a school within the concerned Ward or elsewhere.

(5) If enrollment is not possible under Clause (b) of Subsection (1), but the child can meet the standard of any grade of basic level, he or she shall be enrolled in that same school in that same grade, if the guardian so desires.

(6) Except for the circumstances mentioned in this Section, refusing to enroll a child shall be punishable. 10.
Compulsory and Free Education Act, 2018

10. Not to Expel from School: (1) No child who is enrolled and studying at the basic level in any school shall be expelled from school.

(2) A child enrolled in school shall not be prevented or deprived from receiving basic education or taking examinations on account of any indisciplined act or bad conduct. The school shall provide counseling service facilities to such children.

(3) If there is a need for improvement in matters including discipline, conduct, teaching and learning of a child receiving basic education, the Principal of the concerned school shall, after discussion or consultation with the concerned guardian, adopt psychosocial counseling or other necessary measures to create an environment for such child to receive education up to the basic level. 11. Re-enrollment to be Made: (1) If any child who has completed five years of age and has not completed twelve years of age, for any reason, could not enroll in school and has not completed study up to the basic level, or has left school without completing basic education, the school shall, subject to Section 9, re-enroll him or her according to his or her age or level.

(2) If it is necessary to bring the child enrolled pursuant to Subsection (1) to the same standard as other children of the grade in which he or she is enrolled, the concerned school shall make arrangements for alternative measures. 12. Transfer to be Made: (1) In a situation where any school in which a child is enrolled has not obtained approval to teach up to the basic level, or such school is merged with another school, or the school has to be closed for any reason, the concerned Local Level shall make arrangements to transfer children who have not completed basic education from such school to another convenient school.

(2) A child transferred pursuant to Subsection (1) need not be re-enrolled in such school.

(3) Notwithstanding anything contained elsewhere in this Section, this Section shall not prevent the student referred to in Subsection (1) or his or her guardian from enrolling in any other school of his or her choice. 13.
Compulsory and Free Education Act, 2018

13. Transfer Certificate to be Given: (1) If a child who has not completed education up to the basic level or his or her guardian requests a transfer certificate for any reason to leave the school where he or she is studying and enroll in another school to receive such education, the concerned Principal shall give the transfer certificate immediately, specifying details of the study completed by him or her.

(2) After presenting the certificate pursuant to Subsection (1), the school in which the child desires to be enrolled shall, subject to Section 9, immediately enroll him or her. 14. Alternative Education May Be Arranged: (1) A child for whom a convenient school is not available or who for any other reason is unable to attend full-time study in a school and receive basic education shall have the right to receive alternative education up to that level.

(2) Other provisions relating to alternative education up to the basic level shall be as prescribed. 15. Informal and Open Education to be Provided: (1) Children who are unable to regularly study by enrolling in school may be provided secondary level education through informal or open school.

(2) The Government of Nepal shall, through Local Levels, make arrangements for the establishment and operation of informal and open schools based on necessity to provide secondary education.

(3) Other provisions relating to informal and open schools shall be as prescribed. 16. Traditional Education May Be Provided: (1) Children may be provided education by operating institutions such as Gurukul, Gumba, or Madrasa to preserve and uphold traditional educational values, norms, culture, customs, and practices, and to continue them by making them time-relevant.

(2) Gurukul, Gumba, or Madrasa operated to provide education pursuant to Subsection (1) shall be registered with the concerned Local Level.

(3) Gurukul, Gumba, or Madrasa registered and operated pursuant to Subsection (2) shall, while providing education to children, comply with the conditions and standards determined by law by the Local Level and other conditions and standards as prescribed.

(4) In addition to the education provided by educational institutions such as Gurukul, Gumba, and Madrasa registered and operated pursuant to Subsection (2), they shall provide education according to the curriculum determined by the Government of Nepal.

(5) Other provisions relating to providing traditional education shall be as prescribed. 17. Provision Relating to Technical Education: (1) Every citizen who has completed the basic level shall have the right to receive secondary education or equivalent technical education pursuant to the prevailing law.

(2) Except as provided in this Section, provisions relating to technical education provided after the basic level shall be according to the prevailing law. 18.
Compulsory and Free Education Act, 2018

18. Education of Children Whose Guardians Are Not Identified: (1) If there are children within the geographical area of a Local Level whose guardians are not identified or traced, the responsibility to provide education up to the basic level and to make arrangements for teaching, learning, and other related matters for such children shall be of the concerned Local Level.

(2) The concerned Ward Committee of the Local Level shall be responsible for making arrangements to provide education pursuant to Subsection (1).

(3) Notwithstanding anything contained in Subsection (1), if the guardian of the concerned child is identified or traced, the guardian himself or herself shall take responsibility for that.

(4) Other provisions relating to the teaching and learning of children whose guardians are not identified shall be as prescribed. 19. Not to be Eligible: (1) Notwithstanding anything contained in the prevailing law, for the purpose of creating an environment where all citizens compulsorily receive basic education, after Falgun 1, 2085 (approximately mid-February 2029), a person who has not received basic education shall not be deemed eligible to obtain any of the following opportunities:-

(a) to enter any government service of the Government of Nepal, Provincial Government, or Local Level, or service of any institution under full or partial ownership, grant, or control of the Government of Nepal, Provincial Government, or Local Level, or to be elected, appointed, or nominated to any position in any government, non-government, or private sector institution, or to obtain any employment,
(b) to establish any company, firm, cooperative, or non-government organization, or to become a founder shareholder, director, member, or office-bearer of such company, firm, or institution.

(2) Notwithstanding anything contained in Subsection (1), nothing contained in that Subsection shall affect any person who has already completed twelve years of age before the commencement of the provision of Subsection (1), or who is already incumbent, elected, nominated, or appointed to any position, or who is already working, or who has already obtained or enjoyed any facility.

(3) Notwithstanding anything contained in Subsection (1), this Subsection shall not apply to a person who could not receive education due to poor health, multiple disabilities, or any other similar complex reasons. 20. Education up to Secondary Level to be Free: (1) Every citizen shall have the right to receive free education up to the secondary level from the State.

(2) While receiving free education, every citizen shall comply with the conditions as per this Act and other prevailing laws.

(3) Other provisions relating to free education shall be as prescribed. 21.
Compulsory and Free Education Act, 2018

21. Textbooks to be Provided: (1) The Government of Nepal shall provide to the Local Level, as prescribed, the amount for textbooks for every child of public schools receiving education up to the basic level or secondary level.

(2) Upon receiving the amount pursuant to Subsection (1), the concerned Local Level shall provide the amount for textbook purchase to the concerned school at least three months before the start of the academic session.

(3) After receiving the amount pursuant to Subsection (2), the school shall purchase textbooks and provide them to students at the time of student enrollment. 22. Educational Materials to be Provided: (1) The Local Level may provide necessary educational materials, including copies and pens, to economically disadvantaged children enrolled in public schools to receive education up to the basic level.

(2) The Local Level shall, for public schools providing education up to the basic level, make arrangements for necessary laboratory, extracurricular activity materials, sports materials, sports infrastructure, computer and information technology access as prescribed.

(3) Other provisions relating to providing educational materials shall be as prescribed. 23. Scholarship May be Provided: (1) The concerned Local Level may provide monthly scholarship as prescribed to children from families of prescribed communities in areas lagging behind the prescribed index from the perspective of the human development index, or economically disadvantaged citizens, or citizens with disabilities, to receive education up to the basic level.

(2) The scholarship obtained pursuant to Subsection (1) shall be spent on educational materials or arrangements for any other materials helpful for the student's learning. 24. Arrangement for Health Treatment: (1) The Local Level may, in cooperation with health institutions operated pursuant to the prevailing law, make necessary arrangements relating to health counseling and treatment for students studying in public schools.

(2) The responsibility for making arrangements for free health treatment as prescribed in privately invested and public educational trust schools shall be of the concerned school. 25. Provision Relating to Day Meal: The Government of Nepal may, through Local Levels, provide day meal or day meal expenses as prescribed to children from families of prescribed communities in areas lagging below the prescribed index from the perspective of the human development index, or economically disadvantaged citizens, or citizens with disabilities, to ensure continuity in teaching and learning. 26.
Compulsory and Free Education Act, 2018

26. Medium Language of Instruction: (1) The medium of instruction provided by a school may be the Nepali language, English language, or both languages, or the mother tongue of the concerned Nepali community.

(2) Notwithstanding anything contained in Subsection (1), if a foreigner studying in Nepal is required to compulsorily study the Nepali subject, and if he or she so desires, he or she may study any other language subject instead. 27. Privately Invested Schools to be Service-Oriented: (1) Privately invested schools shall operate early childhood development and education and basic education in a service-oriented and public welfare manner.

(2) Detailed provisions relating to making privately invested schools service-oriented and public welfare oriented shall be as determined by the Government of Nepal.

(3) Notwithstanding anything contained in the prevailing law, after the commencement of this Act, every privately invested school and that school operated under a public educational trust shall, on the basis of its student number, reserve seats for providing free education to students as follows, out of the total number of students from early childhood development and education up to Grade Twelve:

(a) Schools with up to five hundred students: at least ten percent.
(b) Schools with five hundred to eight hundred students: at least twelve percent.
(c) Schools with more than eight hundred students: at least fifteen percent.

(4) Notwithstanding anything contained in Subsection (2), the scholarship being provided by any school at the time of commencement of this Section shall not be reduced.

(5) For the seats reserved pursuant to Subsection (2), the selection procedure shall be adopted and capable and competent children shall be enrolled based on competition among the prescribed groups.

(6) The facilities to be provided by the privately invested school to students selected and enrolled for the reserved seats under Subsection (1) shall be as prescribed.

(7) Students studying free of charge after being selected for the reserved seats under Subsection (1) pursuant to Subsection (2) shall be entitled to apply for the purpose of obtaining free study or scholarship in a higher grade, level, or as per the prevailing law, for the grade in which they received free education. Chapter-4

Mother Tongue Education and School Operation

28. Provision Relating to Mother Tongue Education: (1) Every citizen of each Nepali community residing in Nepal shall have the right to receive education up to the basic level or secondary level in his or her mother tongue.
Compulsory and Free Education Act, 2018

Chapter-4

Mother Tongue Education and School Operation

28. Provision Relating to Mother Tongue Education: (1) Every citizen of each Nepali community residing in Nepal shall have the right to receive education up to the basic level or secondary level in his or her mother tongue. Provided that such education shall be according to the curriculum determined pursuant to the prevailing law.

(2) To provide education pursuant to Subsection (1), such community may establish and operate a separate school or teaching institution up to the secondary level.

(3) The Government of Nepal may make arrangements for establishing and operating schools or teaching institutions to provide mother tongue education.

(4) Notwithstanding anything contained in Subsection (2), in teaching institutions or public schools operated or granted by the Government of Nepal, Provincial Government, or Local Level, mother tongue education in a specific subject may be provided to Nepali citizens as per their demand. 29. School or Teaching Institution to be Operated: (1) The school or teaching institution pursuant to Subsection (2) of Section 28 shall be operated and managed by the same community from which it is established.

(2) Notwithstanding anything contained in Subsection (1), the Government of Nepal, Provincial Government, or Local Level may, in order to operate such teaching institution or school providing mother tongue education, provide a certain amount as a grant each year to assist in the operation and management, upon the request of such community.

(3) In relation to providing mother tongue education, the Provincial Government or Local Level may make additional arrangements according to local characteristics and needs. Chapter-5

Budget Allocation and Grant for Education

30. Budget Allocation and Grant: (1) The Government of Nepal shall, each year through its budget, allocate grant amounts for the purpose of basic and secondary education to each Local Level based on the number of schools and students and the results obtained by the students.

(2) The Provincial Government shall, each year through its budget, allocate a certain amount as a grant to each Local Level for education up to the secondary level according to the provincial law.

(3) For teaching institutions operated or granted by the Government of Nepal or Provincial Government themselves, the Government of Nepal or Provincial Government shall allocate necessary grant amounts according to federal law or provincial law.

(4) The Local Level shall allocate necessary budget in its annual budget for the purpose of providing education at the basic level and secondary level.

(5) While allocating budget pursuant to Subsection (4), it shall be done in such a way that public schools providing education at the basic level or secondary level and each school operated by the Local Level receive budget. 31.
Compulsory and Free Education Act, 2018

31. Other Person or Institution May Provide Assistance: (1) Notwithstanding anything contained elsewhere in this Chapter, any person, association, or institution other than the Government of Nepal, Provincial Government, and Local Level may also provide any kind of financial assistance, support, or grant amount to public schools, public educational trusts, or schools established and operated on a non-profit basis providing education at the basic level or secondary level.

(2) While providing assistance, support, or amount pursuant to Subsection (1), it shall be done through the Local Level or with the approval of the Local Level.

(3) The procedure and format for providing assistance, support, or amount pursuant to Subsection (2) shall be according to the law made by the Local Level. Provided that, prior consent of the Ministry of Finance of the Government of Nepal must be obtained before receiving any assistance, support, or amount from a foreign person, institution, or government other than non-resident Nepalis. Chapter-6

Offense and Penalty

32. Offense and Penalty: (1) If any person commits any of the following acts, he or she shall be deemed to have committed an offense under this Act:-

(a) Refusing to enroll a child pursuant to Subsection (1) of Section 9, or failing to provide written information pursuant to Subsection (4) of the same Section,
(b) Expelling a child pursuant to Subsection (1) of Section 10, or preventing or depriving him or her from receiving basic education or taking examinations pursuant to Subsection (2) of the same Section,
(c) Refusing to re-enroll a child pursuant to Section 11, or refusing to give a transfer certificate pursuant to Section 13,
(d) Committing any act contrary to Section 16,
(e) Committing any act contrary to Section 27.

(2) If any person commits an offense pursuant to Subsection (1), the guardian of the concerned child may file a petition with the Judicial Committee of the concerned Local Level within fifteen days from the commission of such offense.