Section 16
Property Of The School
16. Property of the School: (1) The assets under the ownership of a Community School shall be considered to be the public property. The amount received through the sale of the property of such Community Schools after the cancellation of permission pursuant to this Act or merging into any other school by Government of Nepal as per the
prevailing law, shall be deposited to the concerned District Education Fund if such property is not be used by any other schools. 111(2) The property of the institutional school which is being conducted under educational trust, shall be in the name of the same school.
(2a) Notwithstanding anything contained in Sub-section (2), the educational trust or a trustee of such trust may transfer the total or partial share of his/her own investment to a successor as prescribed. 113(2b) In a condition where a school conducting under educational trust, is closed for some reason, out of the property remaining in the name of such school the property of the school conducted under public trust, shall be a public property and the Government of Nepal may bring such property in the use of the work of any community school or educational institution; and in a condition where the property of a school conducted under private trust is not transmitted to any other person pursuant to Sub-section (2a) the then trustee of such trust may transfer such property to a school or educational institution as prescribed. 114(2c) In a condition where the trustee of the private trust does not transmit the property so concerned to any school or educational institution pursuant to Sub-section (2b) or such trust does not have trustee at all, the Government of Nepal may provide the property remaining in the name of such school to any community school, or any educational institution.
(3) The property of the Institutional Schools, run as a Company, shall be in the name of that company. (4) While receiving any kind of movable or immovable property from a person or organization, the Institutional School shall obtain approval from the concerned District Education Committee. Provided that, for receiving any kind of movable or immovable property from a foreign person or organization a prior approval of Government of Nepal shall be obtained. (5) The property received pursuant to Sub-section (4) shall not sold (transacted) without the approval of Government of Nepal.
16A.Exemption and facility to the school: (1) Notwithstanding anything contained in prevailing law, no registration fees shall be exacted on the registration of any kind of deeds written in the names of Community School, and Institutional Schools operated as an Educational Trust. (2) Except as provided in Sub-section (1), Government of Nepal may provide exemption in the registration of deeds as prescribed to other schools. (3) The other exemption and facilities to be provided to the Community Schools and the Institutional Schools operated as Education Trust shall be as prescribed.
11616B Cancellation of permission or approval: If, any Institutional School fails to provide the report pursuant to Sub-sections (4) of Section 3, or conducts against this Act or Rules made thereunder, the prescribed official shall cancel the permission or approval of such school.
Provided that, the concerned school shall be given a reasonable opportunity to defend before canceling the permission or approval.
11716C. Classification of schools: The classification of school shall be as prescribed.
11816D. Provision relating to fee: (1) The education of the Primary level of Community Schools shall be free and Government of Nepal shall provide textbook free of cost to the students enrolled in such schools. (2) The fees to be charged on the students studying in Lower Secondary and Secondary level at Community Schools shall be as prescribed. Provided that, a provision of free education in the Community School shall be provided to Dalits, Janjati and girl children and other students who are below the poverty line. (3) Once the school charges admission fees to the students while getting admission in a particular class, the same school shall not collect any kind of fees from the same student while getting readmission to another class. (4) The school shall not collect any kind of fees from the students to build the physical infrastructure of the school. 119(5) A institutional school shall determine the fees, that is permitted to be collected from its students, only after the approval of the prescribed authority. In the course of giving an approval in respect of the determination of the fees, the prescribed authority shall give
approval on the basis of the facilities provided by such school to the students. (6) If, any school collects fees from the students against this Act, the prescribed official shall make arrangement to return such fee to the student from the school. (7) The prescribed official may fine upto Twenty Five Thousand Rupees to such school which collects fees against this Act.
16E. Teachers’ Union, teachers’ conduct and other provisions: (1) There shall be a Teachers’ Union to promote the professional rights and welfares of the teachers. (2) The Teachers’ Union may be formed in central and district levels. (3) The election of the Teachers’ Union shall be as prescribed. (4) 121…………. (5) The teacher shall be removed from his/her post in the following conditions: – (a) 122……………………………, (b) If he/she fails to fulfill the duty of the post, (c) If he/she remains continuously absent in the school for more than Fifteen days without any information, (d) If it is proved that he/she attends school when drunk,
(e) If he/she is convicted by a court of a criminal offence involving moral turpitude. 12316F.Academic qualifications: The qualifications for a school teacher shall be as prescribed.
12416G.May Rejoin by the order of the Court: (1) The teacher once dismissed or discharged from the job followed by the departmental action may rejoin the job only by an order or decision of the Court. (2) The teacher rejoined pursuant to Sub-section (1) shall receive full salary, allowance, increased salary (grade) if any, from the date of dismissal and rejoining.
16H. Transfer of Teacher: (1) The teacher who desires a transfer shall fill up a prescribed form and file an application to the concerned District Education Office. (2) If, an application is received pursuant to Sub-section (1), the 126District Education Officer may transfer such teacher if the vacant position and subject matches. 127Provided that, while so transferring the approval of the District Education Officer of the place where the applicant is working shall be taken. (3) Not withstanding anything contained in Sub-section (2), if such conditions prevail under which the transfer of any teacher becomes unavoidable, the District Education Officer may transfer within the
district, the Regional Education Director may transfer within the region and the Department of Education may transfer within Nepal. (4) While transferring the teacher pursuant to Sub-section (3), the District Education Officer shall obtain prior approval from the Regional Education Director; the Regional Education Director from the Department of Education and the Department of Education from the Ministry of Education and Sports, and the recommendation of the concerned school.
16I. Not to be applicable to the Institutional Schools: Except otherwise provided in this Act, the provisions as referred to in Sections 11J, 15, 129Sub-section (5) of Section 16E, 16G, 16H and Sub-section (1) and Clauses (a), (d) and (e) of Sub-section (2) of Section 17 shall not be applicable to the Institutional Schools. 130Provided that, (1) The provisions relating to the shifting of a school from one place to another pursuant to Section 15, shall be applicable in the case of the institutional school also. (2) The provisions relating to the change of the name of an institutional school shall be as prescribed.
131 16J Institutional school shall provide scholarship: (1) An institutional school shall provide free scholarship student who are poor, disabled, woman, dalits or indigenous tribes in such a way that such scholarship
shall not be less than Ten percent of the total number of the enrolled students in such school. (2) In order to select the students for the purpose of providing scholarship pursuant to Sub-section (1), a scholarship selection committee shall be formed in every school consisting of its head master, the representative of the concerned District Education Office and the representative of the guardian involved in the school management committee.
(3) The student’s selection criteria for the scholarship pursuant to
Sub-section (1) shall be as prescribed.
132 16K. Salary and allowance shall not be received and the tenure of
service shall not be counted: Except in the condition referred to in
Section 16g or in case of being absent from the duty upon sanctioning
leave as per the Rules, the teacher, who has been absent in the school
shall not obtain the salary and allowances for the absent period and
such absent period shall not be counted in his/her tenure of office.
133 16L. Provision relating to employee: The employee in community school
shall be arranged as prescribed.
prevailing law, shall be deposited to the concerned District Education Fund if such property is not be used by any other schools. 111(2) The property of the institutional school which is being conducted under educational trust, shall be in the name of the same school.
(2a) Notwithstanding anything contained in Sub-section (2), the educational trust or a trustee of such trust may transfer the total or partial share of his/her own investment to a successor as prescribed. 113(2b) In a condition where a school conducting under educational trust, is closed for some reason, out of the property remaining in the name of such school the property of the school conducted under public trust, shall be a public property and the Government of Nepal may bring such property in the use of the work of any community school or educational institution; and in a condition where the property of a school conducted under private trust is not transmitted to any other person pursuant to Sub-section (2a) the then trustee of such trust may transfer such property to a school or educational institution as prescribed. 114(2c) In a condition where the trustee of the private trust does not transmit the property so concerned to any school or educational institution pursuant to Sub-section (2b) or such trust does not have trustee at all, the Government of Nepal may provide the property remaining in the name of such school to any community school, or any educational institution.
(3) The property of the Institutional Schools, run as a Company, shall be in the name of that company. (4) While receiving any kind of movable or immovable property from a person or organization, the Institutional School shall obtain approval from the concerned District Education Committee. Provided that, for receiving any kind of movable or immovable property from a foreign person or organization a prior approval of Government of Nepal shall be obtained. (5) The property received pursuant to Sub-section (4) shall not sold (transacted) without the approval of Government of Nepal.
16A.Exemption and facility to the school: (1) Notwithstanding anything contained in prevailing law, no registration fees shall be exacted on the registration of any kind of deeds written in the names of Community School, and Institutional Schools operated as an Educational Trust. (2) Except as provided in Sub-section (1), Government of Nepal may provide exemption in the registration of deeds as prescribed to other schools. (3) The other exemption and facilities to be provided to the Community Schools and the Institutional Schools operated as Education Trust shall be as prescribed.
11616B Cancellation of permission or approval: If, any Institutional School fails to provide the report pursuant to Sub-sections (4) of Section 3, or conducts against this Act or Rules made thereunder, the prescribed official shall cancel the permission or approval of such school.
Provided that, the concerned school shall be given a reasonable opportunity to defend before canceling the permission or approval.
11716C. Classification of schools: The classification of school shall be as prescribed.
11816D. Provision relating to fee: (1) The education of the Primary level of Community Schools shall be free and Government of Nepal shall provide textbook free of cost to the students enrolled in such schools. (2) The fees to be charged on the students studying in Lower Secondary and Secondary level at Community Schools shall be as prescribed. Provided that, a provision of free education in the Community School shall be provided to Dalits, Janjati and girl children and other students who are below the poverty line. (3) Once the school charges admission fees to the students while getting admission in a particular class, the same school shall not collect any kind of fees from the same student while getting readmission to another class. (4) The school shall not collect any kind of fees from the students to build the physical infrastructure of the school. 119(5) A institutional school shall determine the fees, that is permitted to be collected from its students, only after the approval of the prescribed authority. In the course of giving an approval in respect of the determination of the fees, the prescribed authority shall give
approval on the basis of the facilities provided by such school to the students. (6) If, any school collects fees from the students against this Act, the prescribed official shall make arrangement to return such fee to the student from the school. (7) The prescribed official may fine upto Twenty Five Thousand Rupees to such school which collects fees against this Act.
16E. Teachers’ Union, teachers’ conduct and other provisions: (1) There shall be a Teachers’ Union to promote the professional rights and welfares of the teachers. (2) The Teachers’ Union may be formed in central and district levels. (3) The election of the Teachers’ Union shall be as prescribed. (4) 121…………. (5) The teacher shall be removed from his/her post in the following conditions: – (a) 122……………………………, (b) If he/she fails to fulfill the duty of the post, (c) If he/she remains continuously absent in the school for more than Fifteen days without any information, (d) If it is proved that he/she attends school when drunk,
(e) If he/she is convicted by a court of a criminal offence involving moral turpitude. 12316F.Academic qualifications: The qualifications for a school teacher shall be as prescribed.
12416G.May Rejoin by the order of the Court: (1) The teacher once dismissed or discharged from the job followed by the departmental action may rejoin the job only by an order or decision of the Court. (2) The teacher rejoined pursuant to Sub-section (1) shall receive full salary, allowance, increased salary (grade) if any, from the date of dismissal and rejoining.
16H. Transfer of Teacher: (1) The teacher who desires a transfer shall fill up a prescribed form and file an application to the concerned District Education Office. (2) If, an application is received pursuant to Sub-section (1), the 126District Education Officer may transfer such teacher if the vacant position and subject matches. 127Provided that, while so transferring the approval of the District Education Officer of the place where the applicant is working shall be taken. (3) Not withstanding anything contained in Sub-section (2), if such conditions prevail under which the transfer of any teacher becomes unavoidable, the District Education Officer may transfer within the
district, the Regional Education Director may transfer within the region and the Department of Education may transfer within Nepal. (4) While transferring the teacher pursuant to Sub-section (3), the District Education Officer shall obtain prior approval from the Regional Education Director; the Regional Education Director from the Department of Education and the Department of Education from the Ministry of Education and Sports, and the recommendation of the concerned school.
16I. Not to be applicable to the Institutional Schools: Except otherwise provided in this Act, the provisions as referred to in Sections 11J, 15, 129Sub-section (5) of Section 16E, 16G, 16H and Sub-section (1) and Clauses (a), (d) and (e) of Sub-section (2) of Section 17 shall not be applicable to the Institutional Schools. 130Provided that, (1) The provisions relating to the shifting of a school from one place to another pursuant to Section 15, shall be applicable in the case of the institutional school also. (2) The provisions relating to the change of the name of an institutional school shall be as prescribed.
131 16J Institutional school shall provide scholarship: (1) An institutional school shall provide free scholarship student who are poor, disabled, woman, dalits or indigenous tribes in such a way that such scholarship
shall not be less than Ten percent of the total number of the enrolled students in such school. (2) In order to select the students for the purpose of providing scholarship pursuant to Sub-section (1), a scholarship selection committee shall be formed in every school consisting of its head master, the representative of the concerned District Education Office and the representative of the guardian involved in the school management committee.
(3) The student’s selection criteria for the scholarship pursuant to
Sub-section (1) shall be as prescribed.
132 16K. Salary and allowance shall not be received and the tenure of
service shall not be counted: Except in the condition referred to in
Section 16g or in case of being absent from the duty upon sanctioning
leave as per the Rules, the teacher, who has been absent in the school
shall not obtain the salary and allowances for the absent period and
such absent period shall not be counted in his/her tenure of office.
133 16L. Provision relating to employee: The employee in community school
shall be arranged as prescribed.