Section 3
Permission Should Be Obtained To Open The School
3. Permission should be obtained to open the school: (1) If anyone, except Government of Nepal, intends to open a school, he/she shall submit an application to Government of Nepal or the prescribed official with prescribed details and a recommendation letter of the concerned District Education Office. While submitting an application he/she shall mention whether the school is to be operated as a Company or an Educational Trust.
(2) If an application is received pursuant to Sub-clause (1), Government of Nepal or prescribed official shall make necessary
investigation, and if it is found reasonable, permission to open the school shall be provided with conditions as prescribed to be fulfilled.
(3) If, it is found that the School has fulfilled the conditions as prescribed, Government of Nepal or prescribed official shall provide approval to the school who had obtained permission pursuant to Subclause (2).
(4) A school, running as an institutional school before 2058 Magha 25 if not registered as a company or an educational trust or not submitted an application for such registration, shall submit an application before the prescribed authority upon mentioning the particulars as prescribed within a period of One year from the date of commencement of this Sub-section stating whether the school to be conducted as a company or an educational trust.
(5) If an application is received pursuant to Sub-clause (4), the prescribed official shall make necessary investigation on the application and if the request of the school is found reasonable the requesting shall be given approval to run the school.
(6) Notwithstanding anything contained in Sub-sections (2), (3) or (5), the following schools shall not be provided permission or approval to run as a Company:
(a) A School running in the Government or public buildings,
(b) A School running in the building is constructed on the Government or public land,
(c) A School running in the building or land donated by an individual or an organization to the school, or by constructing a building on the donated land.
(7) Notwithstanding anything contained in Sub-sections (2), (3) and (5), the concerned Village Development Committee or the Municipality shall provide permission or approval to open Pre-primary Schools which is to be run by its own resources.
(7a) if a school, which is running in a form of company pursuant to this Act, intends to be conducted under educational trust, shall produce an application before the prescribed authority upon mentioning the particulars as specified after liquidating the company in accordance with prevailing law.
32(7b) While making an inquiry in to an application submitted pursuant to Sub-section (7a) if it is found reasonable to be conducted the concerned school under educational trust as per the request of the applicant, the prescribed authority shall give approval to run such school under the educational trust.
33(7c) Notwithstanding anything contained in this Act or prevailing law, while operating a school under educational trust it shall be followed as in the following matters;-
(a) The trustees of an educational trust must be in a form of corporate body;
(b) While running an educational trust, there shall be at least Five members in public trust and there shall
be at least Three members in case of a private trust in the board of trustees,
(c) The account of income and expenditure of an educational trust shall be maintained in a prescribed format and such an account shall be audited by a recognised auditor.
(d) A sitting trustee of an educational trust may specify his/her successor to act as a trustee during his/her own life time or after his/her death. Provided that, while specifying a successor in the case of a public educational trust the approval of the Ministry of Education and Sport is a must.
(7d) If a social, charitable or welfare institution intends to run a school without keeping an object of profit may run a school under public educational trust upon receiving approval of the prescribed authority.
35(7e) The subjects to be taught, the conditions to be followed by a school running pursuant to Sub-section (7d) and other provisions relating to such school shall be as prescribed.
(8) Notwithstanding anything contained in Sub-sections (1), (2), and (3), permission shall not be provided to anyone to establish a school affiliated to any foreign educational institution. Provided that, if an agreement has been concluded with Government of Nepal to open a school in affiliation with a foreign
educational institution or diplomatic agency has made recommendation thereof, Government of Nepal shall provide permission or approval to run school upon specifying the conditions. An application may directly be submitted to Government of Nepal to open such school.
(9) If, the school received permission or approval pursuant to Sub-section (8) is not operated as per the condition, Government of Nepal may close down such school.
(10) Other provisions of this Act shall not be applicable to the school received permission or approval pursuant to Sub-section (8).
(2) If an application is received pursuant to Sub-clause (1), Government of Nepal or prescribed official shall make necessary
investigation, and if it is found reasonable, permission to open the school shall be provided with conditions as prescribed to be fulfilled.
(3) If, it is found that the School has fulfilled the conditions as prescribed, Government of Nepal or prescribed official shall provide approval to the school who had obtained permission pursuant to Subclause (2).
(4) A school, running as an institutional school before 2058 Magha 25 if not registered as a company or an educational trust or not submitted an application for such registration, shall submit an application before the prescribed authority upon mentioning the particulars as prescribed within a period of One year from the date of commencement of this Sub-section stating whether the school to be conducted as a company or an educational trust.
(5) If an application is received pursuant to Sub-clause (4), the prescribed official shall make necessary investigation on the application and if the request of the school is found reasonable the requesting shall be given approval to run the school.
(6) Notwithstanding anything contained in Sub-sections (2), (3) or (5), the following schools shall not be provided permission or approval to run as a Company:
(a) A School running in the Government or public buildings,
(b) A School running in the building is constructed on the Government or public land,
(c) A School running in the building or land donated by an individual or an organization to the school, or by constructing a building on the donated land.
(7) Notwithstanding anything contained in Sub-sections (2), (3) and (5), the concerned Village Development Committee or the Municipality shall provide permission or approval to open Pre-primary Schools which is to be run by its own resources.
(7a) if a school, which is running in a form of company pursuant to this Act, intends to be conducted under educational trust, shall produce an application before the prescribed authority upon mentioning the particulars as specified after liquidating the company in accordance with prevailing law.
32(7b) While making an inquiry in to an application submitted pursuant to Sub-section (7a) if it is found reasonable to be conducted the concerned school under educational trust as per the request of the applicant, the prescribed authority shall give approval to run such school under the educational trust.
33(7c) Notwithstanding anything contained in this Act or prevailing law, while operating a school under educational trust it shall be followed as in the following matters;-
(a) The trustees of an educational trust must be in a form of corporate body;
(b) While running an educational trust, there shall be at least Five members in public trust and there shall
be at least Three members in case of a private trust in the board of trustees,
(c) The account of income and expenditure of an educational trust shall be maintained in a prescribed format and such an account shall be audited by a recognised auditor.
(d) A sitting trustee of an educational trust may specify his/her successor to act as a trustee during his/her own life time or after his/her death. Provided that, while specifying a successor in the case of a public educational trust the approval of the Ministry of Education and Sport is a must.
(7d) If a social, charitable or welfare institution intends to run a school without keeping an object of profit may run a school under public educational trust upon receiving approval of the prescribed authority.
35(7e) The subjects to be taught, the conditions to be followed by a school running pursuant to Sub-section (7d) and other provisions relating to such school shall be as prescribed.
(8) Notwithstanding anything contained in Sub-sections (1), (2), and (3), permission shall not be provided to anyone to establish a school affiliated to any foreign educational institution. Provided that, if an agreement has been concluded with Government of Nepal to open a school in affiliation with a foreign
educational institution or diplomatic agency has made recommendation thereof, Government of Nepal shall provide permission or approval to run school upon specifying the conditions. An application may directly be submitted to Government of Nepal to open such school.
(9) If, the school received permission or approval pursuant to Sub-section (8) is not operated as per the condition, Government of Nepal may close down such school.
(10) Other provisions of this Act shall not be applicable to the school received permission or approval pursuant to Sub-section (8).