chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Education Act, 1971

3. Permission Required to Open a School: Amended by the Eighth Amendment. (1) If any Nepali citizen desires to open a school under an educational trust, he/she shall submit an application to the prescribed authority for permission, along with a recommendation from the concerned Village Education Committee or Municipal Education Committee for a basic school, and from the concerned District Education Committee for a secondary school, specifying the prescribed details.

(2) Upon receipt of an application under sub-section (1), the Amended by the Eighth Amendment. Ministry or prescribed authority shall make the necessary inquiry into the application, and if upon inquiry it appears appropriate to grant permission to open the school, permission shall be granted subject to compliance with the prescribed terms and conditions.

(3) If a school opened with permission under sub-section (2) is found to have complied with the prescribed terms and conditions, the Amended by the Eighth Amendment. Ministry or prescribed authority shall grant approval. Added by the Some Nepal Acts relating to Education and Sports Amendment Act, 2063. (4) Schools operating as companies at the time of the commencement of this section may, if they so desire, submit an application to the prescribed authority to dissolve the company and operate the school under an educational trust.

(5) Upon receipt of an application under sub-section (4), the prescribed authority shall make the necessary inquiry into the application, and if upon inquiry the request of the applying school appears reasonable, approval shall be given to operate the school as requested.

(6) Notwithstanding anything contained in sub-sections (2), (3) or (5), permission or approval shall not be granted to operate the following schools as an Added by the Some Nepal Acts relating to Education and Sports Amendment Act, 2063. educational trust:-
(a) School operating in a government or public building,
(b) School operating in a building constructed on government or public land,
(c) School operating in a building constructed on land or a building donated or gifted to the school by any person or institution.

(7) Notwithstanding anything contained in sub-sections (2), (3) and (5), permission or approval to open a pre-primary school from its own resources shall be given by the concerned Rural Municipality or Municipality.

(a) Omitted by the Eighth Amendment.
(b) Omitted by the Eighth Amendment.
Education Act, 1971

Added by the Some Nepal Acts relating to Education and Sports Amendment Act, 2063. (7C) Notwithstanding anything contained in this Act or other prevailing laws, while operating a school under an educational trust, the following matters shall be done as follows:-
(a) The trustees operating the educational trust must be in the form of an incorporated body,
(b) While operating an educational trust, the board of trustees must have at least five members if it is a public trust, and at least three members if it is a private trust,
(c) The accounts of income and expenditure of the educational trust must be maintained as prescribed and audited by a recognized auditor,
(d) The current trustees of the educational trust may, during their lifetime or after their demise, appoint their successor to act as the trustee. Provided that, in the case of a public educational trust, approval of the Ministry must be obtained for such appointment of successor. Added by the Some Nepal Acts relating to Education and Sports Amendment Act, 2063. (7D) If any social, charitable, or welfare institution desires to operate a school with the objective of not making a profit, it may operate a school under a public educational trust by obtaining approval from the prescribed authority. Added by the Some Nepal Acts relating to Education and Sports Amendment Act, 2063. (7E) The subjects to be taught, conditions to be complied with, and other arrangements for schools operated under sub-section (7D) shall be as prescribed.

(8) Notwithstanding anything contained in sub-sections (1), (2) and (3), no person shall be granted permission or approval to open a school to be affiliated with any foreign teaching institution. Provided that, if an agreement has been made with the Added by the Some Nepal Acts relating to Education and Sports Amendment Act, 2063. Ministry regarding opening a school affiliated with a foreign teaching institution, or if a recommendation has been made by a diplomatic mission to open such a school, the Amended by the Eighth Amendment. Ministry may grant permission or approval to open the school subject to conditions. An application may be submitted directly to the Added by the Some Nepal Acts relating to Education and Sports Amendment Act, 2063. Ministry for opening such a school.

(9) If a school that has received permission or approval under sub-section (8) does not operate the school according to the conditions, the Amended by the Eighth Amendment. Ministry may at any time close such a school.

(10) Other provisions under this Act shall not apply to a school that has received permission or approval under sub-section (8). 4. Operation of School: The operation of a school shall be as prescribed. 4A.
Education Act, 1971

Ministry may at any time close such a school.

(10) Other provisions under this Act shall not apply to a school that has received permission or approval under sub-section (8). 4. Operation of School: The operation of a school shall be as prescribed. 4A. Formation of Board: Added by the Eighth Amendment. (1) There shall be one National Examination Board for conducting, coordinating, and managing the secondary education examination.

(2) The Board shall be constituted as follows:-
(a) A person appointed by the Government of Nepal from among persons who have obtained at least a Master's degree from a recognized university and have at least twelve years of experience in the field of education and examination – Chairperson
(b) Secretary of the Ministry – Vice-Chairperson
(c) Joint-Secretary of the Ministry (looking after school education) – Member
(d) Director General, Department of Education – Member
(e) Executive Director, Curriculum Development Centre – Member
(f) Member-Secretary, Council for Technical Education and Vocational Training – Member
(g) Controller of Examinations, Tribhuvan University – Member
(h) At least three persons, including at least two women, nominated by the Board from among persons who have gained expertise with at least ten years of experience in teaching, education administration, and examination – Member
(i) Two persons nominated by the Ministry, including at least one woman, from among the principals of community and institutional secondary schools – Member
(j) An employee designated by the Ministry from among the gazetted first class officers of the Nepal Education Service or senior employees of the Board – Member-Secretary

(3) For the appointment of the Chairperson of the Board, a recommendation committee shall be constituted under the chairmanship of the Chairperson of the Public Service Commission, with two members nominated by the Ministry, including at least one woman from among renowned educationists, to make a recommendation to the Government of Nepal; and the Government of Nepal shall appoint the person recommended by that committee as the Chairperson of the Board.

(4) The term of office of the Chairperson and nominated members of the Board shall be four years.

(5) Notwithstanding anything contained in sub-section (4), if the Chairperson or a nominated member of the Board fails to honestly fulfill their official responsibilities, based on the recommendation of a committee constituted as prescribed, the Government of Nepal may, in the case of the Chairperson, and the Ministry may, in the case of a member, remove him/her from office at any time. Provided that, before such removal, he/she shall not be deprived of a reasonable opportunity to present his/her defense.

(6) The procedure for meetings of the Board shall be as prescribed. 4B.
Education Act, 1971

Provided that, before such removal, he/she shall not be deprived of a reasonable opportunity to present his/her defense.

(6) The procedure for meetings of the Board shall be as prescribed. 4B. Board to be an Autonomous and Corporate Body: Added by the Eighth Amendment. (1) The Board shall be an autonomous and corporate body with perpetual succession.

(2) The Board shall have its own separate seal for all its acts and business.

(3) The Board may, like a person, acquire, hold, sell, or otherwise dispose of movable and immovable property.

(4) The Board may, like a person, sue and be sued in its own name.

(5) The Board may, like a person, enter into contracts, exercise rights under contracts, and discharge obligations. 4C. Functions, Duties, and Powers of the Board: Added by the Eighth Amendment. The functions, duties, and powers of the Board shall be as follows:-
(a) To determine and implement, or cause to be implemented, the policies of the Board subject to the examination policy approved by the Ministry,
(b) To prepare and implement, or cause to be implemented, long-term plans of the Board,
(c) To evaluate, or cause to be evaluated, whether the dignity and quality of school education examinations are maintained,
(d) To approve the annual budget and program of the Board,
(e) To mobilize necessary financial resources for the smooth functioning of the Board,
(f) To submit periodic and annual reports of the Board to the Ministry,
(g) To perform, or cause to be performed, other functions as prescribed. 4D. Functions, Duties, and Powers of Office Bearers and Service Conditions and Facilities: Added by the Eighth Amendment. (1) The Chairperson of the Board shall be the full-time chief officer of the Board.

(2) The Member-Secretary of the Board shall be the full-time chief administrative officer of the Board.

(3) The remuneration, service conditions, and facilities of the Chairperson of the Board shall be as prescribed.

(4) The functions, duties, and powers of the Chairperson and Member-Secretary of the Board shall be as prescribed.

(5) The Chairperson, Vice-Chairperson, Members, and Member-Secretary of the Board shall receive meeting allowances as specified by the Ministry with the consent of the Ministry of Finance for participating in meetings of the Board. 4E.
Education Act, 1971

4E. Provision Regarding Employees: Added by the Eighth Amendment. (1) There shall be employees in the Board as required.

(2) The Ministry may, upon the request of the Board, depute any employee of the Government of Nepal to work in the Board.

(3) The remuneration, service conditions, and facilities of the employees of the Board shall be as prescribed.

(4) While making provisions for service conditions under sub-section (3), in the case of employees who have been working continuously on temporary basis for at least one year in the Higher Secondary Education Council at the time of the commencement of this section, they shall be allowed to participate in a competitive examination to be held after this section comes into effect for permanent appointment through internal advertisement once; and if they do not wish to participate in such advertisement, employees who have been working continuously on temporary basis for at least five years in such Council shall be provided with facilities and retired. Added by the Eighth Amendment. 4F. Fund of the Board: (1) There shall be a separate fund in the name of the Board.

(2) The fund under sub-section (1) shall consist of the following amounts:-
(a) Amounts received from the Government of Nepal,
(b) Amounts received from fees collected from students,
(c) Amounts received as grants or loans from foreign individuals, governments, associations, or institutions,
(d) Amounts received from domestic individuals, institutions, or bodies,
(e) Amounts received from other sources.

(3) The Board shall obtain the approval of the Ministry of Finance before receiving any amount under clause (c) of sub-section (2).

(4) All expenses incurred on behalf of the Board shall be borne out of the fund under sub-section (1).

(5) The money in the fund of the Board shall be deposited by opening an account in a commercial bank of Nepal.

(6) The operation of the fund of the Board shall be subject to the joint signature of the Member-Secretary of the Board and the Chief Accounts Officer. Added by the Eighth Amendment. 4G. Accounts and Audit: (1) The accounts of income and expenditure of the Board shall be kept in the format adopted by the Government of Nepal.

(2) The audit of the Board shall be carried out by the Auditor General.

(3) The Ministry may, if it so desires, inspect or cause to be inspected the books of accounts of the Board at any time. Added by the Eighth Amendment. 4H. Power to give Directions: (1) The Ministry may give necessary directions to the Board.

(2) It shall be the duty of the Board to comply with the directions given under sub-section (1). Added by the Eighth Amendment. 4I.
Education Act, 1971

Added by the Eighth Amendment. 4H. Power to give Directions: (1) The Ministry may give necessary directions to the Board.

(2) It shall be the duty of the Board to comply with the directions given under sub-section (1). Added by the Eighth Amendment. 4I. Delegation of Powers: The Board may, as necessary, delegate some of the powers vested in it under this Act or the rules made under this Act to the Chairperson, Vice-Chairperson, Member, Member-Secretary, any officer of the Government of Nepal, or an officer employee of the Board. Added by the Eighth Amendment. 4J. Office of the Board: (1) The office of the Board shall be located within the Kathmandu Valley.

(2) The Board may, with the approval of the Ministry, open branch offices in other parts of Nepal as required. Added by the Eighth Amendment. 4K. Provisions Relating to Conduct and Management of Examinations: (1) The examination held at the end of Grade ten of secondary education and the secondary level shall be conducted by the Board. Provided that, the examination at the basic level shall be conducted by the District Education Office.

(2) The examination held at the end of Grade ten shall be conducted at the regional level, and the examination at the end of the basic level shall be conducted at the district level.

(3) Other provisions relating to conducting examinations shall be as prescribed. Added by the Eighth Amendment. 4L. Liaison with the Government of Nepal: The Board shall liaise with the Government of Nepal through the Ministry. Added by the Eighth Amendment. 4M. Recognition of Secondary Education: The recognition of the Secondary Education Completion Certificate shall be equivalent to having passed the Proficiency Certificate level or Higher Secondary level. Added by the Eighth Amendment. 5. 6. Types of Secondary Education: Secondary education shall be of the following types:-
(a) General Secondary Education
Omitted by the Fourth Amendment. (b)
(c) Sanskrit Secondary Education. Added by the Eighth Amendment. (d) Technical and Vocational Secondary Education. Provided that, in such education, an additional year of practical training shall be given as prescribed. Amended by the Eighth Amendment. 6A.
Education Act, 1971

Added by the Eighth Amendment. (d) Technical and Vocational Secondary Education. Provided that, in such education, an additional year of practical training shall be given as prescribed. Amended by the Eighth Amendment. 6A. Provisions Relating to Conduct of Special Education, Inclusive Education, Non-formal Education, Continuing Education, Distance Education, and Open Education: (1) The Ministry may, by making necessary infrastructure arrangements, provide for the conduct of special education, inclusive education, non-formal education, continuing education, distance education, or open education in any community school.

(2) If any school desires to conduct special education, inclusive education, non-formal education, continuing education, distance education, and open education, the Ministry may make the necessary inquiry into the matter and grant approval to such school to conduct such education as prescribed.

(3) The conduct of distance education, special education, and inclusive education shall be similar to general education.

(4) Notwithstanding anything contained in sub-section (3), for children who are blind, low vision, totally blind, deaf, hard of hearing, autistic, intellectually disabled, or deaf-blind, different provisions may be made in curriculum, textbooks, teaching-learning, and evaluation systems.

(5) The conduct of non-formal education, continuing education, and distance and open education shall be as prescribed. Amended by the Some Nepal Acts relating to Education and Sports Amendment Act, 2063. 7. Medium of Education: (1) The medium of education in a school shall be the Nepali language, the English language, or both languages.

(2) Notwithstanding anything contained in sub-section (1), in the following circumstances, the medium of education in a school may be as follows:-
(a) Primary Omitted by the Eighth Amendment. education may be imparted in the mother tongue,
(b) When a non-Nepali citizen studies in a school in Nepal, he/she may study a subject in another language instead of the compulsory Nepali subject Amended by the Eighth Amendment.,
(c) While teaching a language subject, the medium of education may be that same language,
(d) When teaching the compulsory English subject, it must be taught in the English language. Added by the Eighth Amendment. 7A.
Education Act, 1971

Added by the Eighth Amendment. 7A. Provision Relating to Council: (1) There shall be a National Education Council for the purpose of advising and providing suggestions to the Government of Nepal regarding determining education policy.

(2) The Council shall be constituted as follows:-
(a) Minister for Education or Minister of State – Chairperson
(b) Member, National Planning Commission (looking after education) – Member
(c) Chairperson, University Grants Commission – Member
(d) Vice-Chairperson, Council for Technical Education and Vocational Training – Member
(e) Three persons, including one woman, nominated by the Ministry from among the office bearers of universities – Member
(f) Secretary of the Ministry – Member
(g) Secretary, Ministry of Finance – Member
(h) Director General, Department of Education – Member
(i) President, Nepal Teachers' Union – Member
(j) Chairperson, Nepal Teachers' Federation – Member
(k) Two persons, including at least one woman, nominated by the Council from among educationists – Member
(l) Two persons, including at least one woman, nominated by the Council from among the office bearers of guardian associations or organizations registered under prevailing law – Member
(m) Two persons, including one woman, nominated by the Ministry from among the chairpersons of management committees of community schools – Member
(n) Two persons, including one woman, nominated by the Ministry from among the operators of institutional schools – Member
(o) One person from among the representatives of institutional school teachers professional associations or organizations – Member
(p) Representative, National Federation of the Disabled – Member
(q) Joint-Secretary of the Planning Division of the Ministry – Member-Secretary

(3) The term of office of nominated members under sub-section (2) shall be three years.

(4) Notwithstanding anything contained in sub-section (3), if an investigation committee constituted by the Council recommends that any nominated member of the Council has failed to honestly fulfill their official responsibilities, the Ministry may remove that person from the post of member at any time. Provided that, before such removal, he/she shall not be deprived of a reasonable opportunity to present his/her defense.

(5) The Secretariat of the Council shall be located in the Ministry.

(6) Other functions, duties, and powers of the Council shall be as prescribed.

(7) The procedure for meetings of the Council shall be as determined by the Council itself. Added by the Eighth Amendment. 7B.
Education Act, 1971

Added by the Eighth Amendment. 7B. Educational Quality Testing Centre: (1) There shall be an Educational Quality Testing Centre for the purpose of testing the quality of school education.

(2) The Government of Nepal shall appoint a Chief Education Examiner to work as the chief of the Educational Quality Testing Centre.

(3) There shall be a committee headed by the Chairperson of the Public Service Commission, with the Member looking after education of the National Planning Commission and the Secretary of the Ministry as members, to recommend to the Government of Nepal for the appointment of the Chief Education Examiner.

(4) The committee under sub-section (3) shall recommend names for appointment to the post of Chief Education Examiner from among persons who have worked in at least the gazetted first class post of the Nepal Education Service.

(5) The appointment, remuneration, and other terms of service of the Chief Education Examiner shall be as prescribed.

(6) Other functions, duties, and powers of the Educational Quality Testing Centre shall be as prescribed. 8. Curriculum and Textbooks of School: A school must implement the curriculum and textbooks approved by the Government of Nepal. Added by the Seventh Amendment. 8A. Department of Education: (1) There shall be a Department of Education under the Ministry.

(2) There shall be a Director General as the chief of the Department of Education under sub-section (1).

(3) The functions, duties, and powers of the Director General shall be as prescribed. Amended by the Fourth Amendment. 9. Regional Education Directorate: (1) The Government of Nepal may establish a Regional Education Directorate in each development region.

(2) There shall be a Regional Education Director as the chief of the Directorate established under sub-section (1) Amended by the Fifth Amendment..

(3) The functions, duties, and powers of the Regional Education Director shall be as prescribed. Amended by the Fourth Amendment. 10. District Education Office: (1) The Government of Nepal may establish one District Education Office in each district.

(2) There shall be a District Education Officer as the chief of the Office established under sub-section (1).

(3) The functions, duties, and powers of the District Education Officer shall be as prescribed. Amended by the Seventh Amendment. 11.
Education Act, 1971

Amended by the Seventh Amendment. 11. Formation of District Education Committee: (1) For the purpose of overseeing and managing schools within the district, a District Education Committee shall be formed in each district.

(2) The District Education Committee under sub-section (1) shall consist of the following members:-
Amended by the Some Nepal Acts Amendment Act, 2072. (a) Chief of the District Coordination Committee – Chairperson
Amended by the Some Nepal Acts relating to Education and Sports Amendment Act, 2063. (b) Chief District Officer – Member
(c) Omitted by the Some Nepal Acts Amendment Act, 2072.
(c1) Omitted by the Some Nepal Acts relating to Education and Sports Act, 2063.
(d) Omitted by the Eighth Amendment.
(e) One person nominated by the District Education Committee from among the chairpersons of School Management Committees of community schools within the district – Member
(f) One person nominated by the District Education Officer from among the chairpersons of School Management Committees of institutional schools within the district – Member
(g) Omitted by the Eighth Amendment. Amended by the Eighth Amendment. (h) Three persons, including at least one Dalit and one woman, nominated by the District Education Committee from among guardians or educationists – Member
(i) Chairperson of the District Nepal Teachers' Federation – Member
(j) District Education Officer – Member-Secretary

(3) The term of office of a nominated member under sub-section (2) shall be two years. If a nominated member is found to have behaved contrary to his/her position, the appointing authority or body may remove him/her at any time.
Education Act, 1971

If a nominated member is found to have behaved contrary to his/her position, the appointing authority or body may remove him/her at any time. Provided that, before such removal, he/she shall not be deprived of a reasonable opportunity to present his/her defense.

(4) Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

(5) The functions, duties, and powers of the District Education Committee shall be as follows:-
(a) To formulate district-level plans relating to education,
(a1) Omitted by the Eighth Amendment.
(b) To motivate Rural Municipalities and Municipalities to provide financial support to community schools,
(c) To assist in conducting examinations in a dignified and clean environment within the district,
(d) To make arrangements for mobilizing resources for the development of educational quality in the district,
(e) To determine the remuneration of auditors for community schools,
Amended by the Eighth Amendment. (f) To establish minimum grade-wise posts for basic schools up to Grade five within community schools in the district based on geographical remoteness in the case of

(4) The Commission shall issue a temporary teaching license to a teacher working in a school at the time of the commencement of this Act, within six months from the date of commencement of this Act.

(5) A teacher who has obtained a temporary teaching license pursuant to sub-section (4) must obtain a permanent teaching license from the Commission within five years.

(6) If a temporary teacher fails to obtain a permanent teaching license within the period specified in sub-section (5), such teacher shall automatically retire, and a permanent teacher shall be retired as specified. Amended by the Eighth Amendment.(6a) Notwithstanding anything contained elsewhere in this section, a person who has obtained at least a bachelor's degree in Science, Computer Science, Engineering, Mathematics, English, Office Management and Accounting, Law, Agriculture, or Veterinary Science shall be eligible to appear in the examination for a temporary teaching license for such subject. Amended by the Eighth Amendment.(6b) For the purpose of issuing a temporary teaching license pursuant to sub-section (6a), the Commission shall conduct a separate examination as specified. Added by the Eighth Amendment.(6c) The Commission shall grant a temporary teaching license to a candidate who succeeds in the examination pursuant to sub-section (6b), and such license shall be valid for a period of five years. Added by the Eighth Amendment.(6d) For teachers teaching in special education, inclusive education, and schools operated with the objective as per sub-section (7d) of section 3, the Commission shall make arrangements for issuing a teaching license as specified.
Education Act, 1971

Added by the Eighth Amendment.(6d) For teachers teaching in special education, inclusive education, and schools operated with the objective as per sub-section (7d) of section 3, the Commission shall make arrangements for issuing a teaching license as specified. Added by the Eighth Amendment.(6e) For the purpose of providing advice to the Commission on matters relating to the teaching license, there shall be a Teachers' Council as specified, including experts recommended by the Nepal Teachers' Federation.

(7) Other provisions relating to the teaching license shall be as specified. Added by the Seventh Amendment.11dha. Grant not to be reduced: The Government of Nepal shall not reduce the amount of grant that it has been providing to community schools at the time of the commencement of this Act. Added by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.Provided that, if any school fails to maintain the prescribed educational standard, the amount of grant being provided to such school may be reduced as specified. Added by the Seventh Amendment.11na. May make provision for scholarship: The Government of Nepal Deleted by the Eighth Amendment. may make provision for scholarship as specified for students enrolling in schools for secondary education. Added by the Seventh Amendment.11ta. May provide grant to child development center: The Government of Nepal may provide grant as specified to Added by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.Early Childhood Education Centers established with the assistance of a Rural Municipality or Municipality. Added by the Eighth Amendment.11ta1. Provision relating to early childhood education: Provisions relating to the operation and management of early childhood education shall be as specified. Added by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.11tha.
Education Act, 1971

Added by the Eighth Amendment.11ta1. Provision relating to early childhood education: Provisions relating to the operation and management of early childhood education shall be as specified. Added by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.11tha. School management may be taken over: (1) Amended by the Act to Amend Some Nepal Acts, 2015.If a local level or a management committee wishes to take over the management of any community school, an application specifying the matters as specified shall be submitted to the specified authority.

(2) Upon examining the application submitted pursuant to sub-section (1), if it appears that such Amended by the Act to Amend Some Nepal Acts, 2015.local level or management committee has fulfilled the specified conditions, the specified authority may entrust the management of such community school to the applicant.

(3) In the school whose management has been taken over by the Amended by the Act to Amend Some Nepal Acts, 2015.local level or management committee pursuant to sub-section (2), the service, terms, and facilities of the teachers appointed under the posts approved by the Government of Nepal shall be the same as those of teachers in other community schools, and the Government of Nepal shall provide a lump sum amount to the school equal to the additional amount that the school would have to pay for the salary, allowance, and provident fund of such teachers.

(4) In the school whose management has been taken over by the Amended by the Act to Amend Some Nepal Acts, 2015.local level or management committee pursuant to sub-section (2), additional teachers may be appointed at the expense of such school.

(5) A teacher appointed pursuant to sub-section (4) shall receive remuneration and facilities equal to those of other teachers of that school.

(6) The Government of Nepal may, considering the necessity of the school whose management has been taken over by the Amended by the Act to Amend Some Nepal Acts, 2015.local level or management committee pursuant to sub-section (2), provide additional posts to such school. Added by the Eighth Amendment.11da. School may be operated in partnership: (1) The Government of Nepal may cause schools to be operated in partnership among community schools and schools operated under public educational trusts, as well as among schools operated under more than one public educational trust.

(2) The formation, functions, duties, and powers of the management committee of schools pursuant to sub-section (1), the modes of partnership, and other arrangements shall be as specified. 12.
Education Act, 1971

12. School Management Committee: Amended by the Eighth Amendment.(1) For the operation, supervision, and management of a community school, there shall be a School Management Committee in each school consisting of the following members:–

(a) Four members, including two women, chosen from among themselves by the parents - Member

(b) The ward chairperson of the relevant ward of the Rural Municipality or Municipality where the school is located, or a member nominated by that ward committee from among the members of the ward committee - Member

(c) Two members, including one woman, nominated by the School Management Committee from among the school's founder, local intellectuals, education enthusiasts, persons who have been continuously supporting the school for ten years, or persons who have provided cash or in-kind support of ten lakh rupees or more to the school - Member

(d) One member chosen from among themselves by the teachers of the school - Member

(e) The principal of the school - Member-Secretary

(2) In the School Management Committee of a secondary school providing study or training in technical and vocational subjects, there shall be two representative members from the district-level Federation of Industry and Commerce. Added by the Eighth Amendment.(2a) The members of the School Management Committee shall elect the Chairperson of that committee from among the members pursuant to clauses (a), (b), or (c) of sub-section (1). Added by the Eighth Amendment.(2b) Until the Chairperson of the School Management Committee is elected, or in the absence of the Chairperson, the senior most member of that committee shall chair the meeting.
Education Act, 1971

Added by the Eighth Amendment.(2b) Until the Chairperson of the School Management Committee is elected, or in the absence of the Chairperson, the senior most member of that committee shall chair the meeting. Added by the Eighth Amendment.(2c) In the management committee of a school operating special education, at least fifty percent of the members shall be guardians of persons with disabilities, and in the management committee of a school operating inclusive education or resource classes, at least one member shall be a person with a disability.

(3) The concerned School Inspector and Resource Person shall be invited to participate as observers in the meetings of the School Management Committee.

(4) For the operation, supervision, and management of an institutional school, there shall be a School Management Committee in each school consisting of the following members:–

(a) A person nominated by the District Education Officer on the recommendation of the school from among the founder or investors of the school - Chairperson

(b) Two members, including at least one woman, nominated by the School Management Committee from among the parents - Member

(c) One member nominated by the concerned Rural Municipality or Municipality from among local education enthusiasts or social workers - Member

(d) The School Inspector of the concerned area - Member

(e) One member chosen from among themselves by the teachers of the concerned school - Member

(f) The principal of the school - Member-Secretary

(5) Amended by the Eighth Amendment.The term of office of the Chairperson or members chosen or nominated pursuant to sub-sections (1), (2a), and (4) shall be Amended by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.three years. If it appears that such Chairperson or member has not behaved in accordance with his or her position, the parents, office bearer, or body that chose or nominated him/her may remove him/her from the position at any time. Provided that, before such removal, he/she shall not be deprived of an opportunity to submit his/her defense.
Education Act, 1971

Amended by the Eighth Amendment.(7a) Provisions relating to the operation, supervision, and management of schools operated under educational trusts shall be as specified. Deleted by the Eighth Amendment.(7b)

(8) Other functions, duties, powers, and procedures relating to meetings of the School Management Committee shall be as specified. Amended by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.12ka. School Management Committee may be dissolved: (1) If the School Management Committee of any school fails to fulfill its specified responsibilities, the District Education Committee may dissolve such School Management Committee stating the reason therefor. Provided that, before such dissolution, the School Management Committee shall be given a reasonable opportunity to submit its defense.

(2) After the dissolution of the School Management Committee pursuant to sub-section (1), until another School Management Committee is formed, or if a School Management Committee is not formed for any other reason, the District Education Committee may form an ad hoc School Management Committee to perform the functions of the School Management Committee. Added by the Seventh Amendment.12kha. Education Development Fund: (1) Deleted by the Eighth Amendment. There shall be an Education Development Fund at the central level to assist in the physical infrastructure development of community schools and to enhance the educational quality in such schools.

(2) The Fund pursuant to sub-section (1) shall consist of the following amounts:–

(a) Grant amount received from the Government of Nepal,

(b) Amount received from institutional schools, being Deleted by the Education and Sports Related Some Nepal Acts, 2006 an amount as specified of the annual total income of such school,

(c) Amount received from donations,

(d) Amount received from other sources. Amended by the Eighth Amendment.12ga. Fund Management Committee: (1) For the management of the Education Development Fund, there shall be a Fund Management Committee consisting of the following members:–

Amended by the Eighth Amendment.(a) Secretary of the Ministry - Chairperson

(b) Representative, Ministry of Finance - Member

Amended by the Eighth Amendment.(c) Representative, Ministry of Federal Affairs and Local Development - Member

(d) Joint Secretary (Educational Administration Division), Ministry of Education - Member

(e) Director General, Department of Education - Member

(f) Representative, Office of the Auditor General - Member

(g) Two persons nominated by the Ministry of Education from among the chairpersons of central-level associations of institutional schools - Member

Amended by the Eighth Amendment.(h) Chief of the Basic Education Section of the Ministry - Member-Secretary

(2) Other functions, duties, and powers of the Fund Management Committee pursuant to sub-section (1), and procedures relating to its meetings, shall be as specified. 13.
Education Act, 1971

13. District Education Fund: (1) A District Education Fund shall be established in each district, which shall consist of the following amounts:–

(a) Grant received from the Government of Nepal,

Amended by the Fifth Amendment.(a1) Deleted by the Act to Amend Some Nepal Acts, 2015

(b) Deleted by the Third Amendment

(c) Amount collected from the education tax,

(d) Amount received from donations, and

(e) Amount received from other sources.

(2) The operation of the Fund pursuant to sub-section (1) shall be as specified. Proviso deleted by the Fourth Amendment

Added by the Third Amendment.(3) The audit of the Fund pursuant to sub-section (1) shall be conducted by the Office of the Auditor General. 13ka. School Fund: (1) There shall be a School Fund in each school, which shall consist of the following amounts:–

(a) Grant received from the Government of Nepal,

Added by the Fourth Amendment.(a1) Grant received from the District Education Fund,

Amended by the Fifth Amendment.(a2) Grant received from the Rural Municipality or Municipality,

(b) Amount received from fees,

(c) Amount received from donations or charities, and

(d) Amount received from other sources.

(2) The operation and audit of the Fund pursuant to sub-section (1) shall be as specified. Amended by the Fourth Amendment.14. Government of Nepal may give directives: (1) The Government of Nepal may, as necessary, issue directives to the District Education Committee Deleted by the Sixth Amendment and the School Management Committee.

(2) It shall be the duty of each District Education Committee Deleted by the Sixth Amendment and School Management Committee to comply with the directives given pursuant to sub-section (1). 15. Government of Nepal may relocate, merge, rename, or close schools: Deleted by the Second Amendment The Government of Nepal or the specified authority may, after obtaining the opinion of the District Education Committee, relocate any operating school from one place to another, or merge two or more schools to form one school, or change the name of a school, or close a school, Added by the Second Amendment.or grant permission or approval to establish a school in a specified place or area, or to operate additional classes in a school. Amended by the Seventh Amendment.16. School Property: (1) Property in possession of a community school shall be deemed to be public property. If the permission or approval is cancelled pursuant to this Act, or if a community school is merged into another school, the property of such school, if not used for the work of other schools by the Government of Nepal, shall be sold as per prevailing law and the amount received shall be deposited in the concerned District Education Fund.
Education Act, 1971

Amended by the Eighth Amendment.(2) The property of an institutional school operated under an educational trust shall remain in the name of that school. If a school is operated as a public educational trust, the property of such school shall be deemed to be public property, and the nature of such property shall not be altered. Added by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.(2a) Notwithstanding anything contained in sub-section (2), an educational trust or its operator may transfer the whole or part of its investment to a successor as specified. Added by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.(2b) If a school operated under an educational trust is closed for any reason, property held in the name of such school which belongs to a school operated as a public trust shall become public property, and such property may be used by the Government of Nepal for the work of any community school or educational institution; and property of a school operated under a private trust, if not transferred to anyone pursuant to sub-section (2a), may be given by the then existing trustees of such trust to a school or educational institution as specified. Added by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.(2c) If the trustees of a private trust do not give such property to any school or educational institution pursuant to sub-section (2b), or if there are no such trustees, the property held in the name of that school may be made available by the Government of Nepal to any community school or any educational institution. Amended by the Eighth Amendment.(3) The property of an institutional school operated under a company shall remain in the name of that company.

(4) An institutional school must obtain approval from the concerned District Education Committee before receiving any kind of movable or immovable property as donation or charity from any person or association. Provided that, before receiving movable or immovable property in such a manner from a foreign person or association, prior approval of the Government of Nepal must be obtained.

(5) Property received pursuant to sub-section (4) shall not be sold without the approval of the Government of Nepal. Amended by the Seventh Amendment.16ka.
Education Act, 1971

Amended by the Seventh Amendment.16ka. Exemptions and facilities for schools: (1) Notwithstanding anything contained in prevailing law, no registration fee shall be levied when passing any deed in the name of a community school or an institutional school operated as an educational trust.

(2) When passing any deed in the name of a school other than those mentioned in sub-section (1), the Government of Nepal may provide exemption from registration fee on a basis as specified.

(3) Other exemptions and facilities to be provided to community schools and institutional schools operated as educational trusts shall be as specified. Added by the Seventh Amendment.16kha. Cancellation of permission or approval: If any institutional school fails to provide details within the period pursuant to sub-section (4) of section 3, or commits any other act contrary to this Act or the rules framed under this Act, the specified authority shall cancel the permission or approval granted to such school. Provided that, before such cancellation of permission or approval, the concerned school shall not be deprived of an opportunity to submit its defense. 16ga. Classification of schools: Schools shall be classified on a basis as specified. Added by the Eighth Amendment.16ga1. School to be maintained as a safe zone: (1) In order to create an environment for studying and teaching freely and without fear in schools, and to prevent any kind of undesirable activities within the school, the school shall be maintained as a safe zone.

(2) The conditions and standards to be observed by a school when maintaining a safe zone pursuant to sub-section (1) shall be as specified. 16gha. Provision relating to fees: Amended by the Eighth Amendment.(1) A community school shall not collect any kind of fee in the name of students for school education for which the Government of Nepal has declared free education. Added by the Eighth Amendment.(1a) Notwithstanding anything contained in sub-section (1), donations, gifts, subscriptions, or assistance given voluntarily by a parent to a community school may be accepted. Added by the Eighth Amendment.(1b) The Government of Nepal shall arrange for necessary resources to provide compulsory and free education up to the basic level and free education up to the secondary level to all children. Added by the Eighth Amendment.(1c) Arrangements shall be made to provide free education to blind children through Braille script and to children with hearing or speech disabilities through sign language. Amended by the Eighth Amendment.(2) Fees to be charged from students studying in school education other than the school education for which free education has been declared pursuant to sub-section (1) shall be determined on a basis as specified.
Education Act, 1971

Amended by the Eighth Amendment.(2) Fees to be charged from students studying in school education other than the school education for which free education has been declared pursuant to sub-section (1) shall be determined on a basis as specified. Provided that, arrangements shall be made to provide free education in community schools to Dalits, Janajatis, women, and other students living below the poverty line.

(3) Once a school has charged an admission fee for enrolling a student in a certain grade, it shall not charge any kind of fee again for enrolling the same student in another grade of the same school.

(4) A school shall not charge any kind of fee from students for the construction of physical infrastructure of the school. Amended by the Act to Amend Some Nepal Acts relating to Education and Sports, 2006.(5) An institutional school must determine the fees chargeable from students by getting them approved by the specified authority. While granting approval for such fee determination, the specified authority shall do so based on the facilities provided by the school.

(6) If any school charges any fee from students contrary to this Act, the specified authority shall cause such fee to be refunded to the concerned student.

(7) The specified authority may impose a fine of up to twenty-five thousand rupees on a school that charges fees contrary to this Act. 16nga.