Teachers Service Commission Rules, 2057 (2000)

Amendments:
1. Teachers Service Commission
(First amendment) Rules, 2059, 2059-2-13 (27 May 2002)
2. Teachers Service Commission
(Second Amendment) Rules, 2059 2060-2-9 (23 May 2003)
3. Teachers Service Commission
(Third Amendment) Rules, 2060 2060-12-16(29March 2004)
4. Teachers Service Commission
(Fourth Amendment) Rules, 2066 2066-7-23 (9 Nov. 2009)
In exercise of powers conferred by Section 19 of the Education Act, 2028 (1971) Government of Nepal has framed the following Rules.

Chapter – 1  Preliminary
1. Short Title and Commencement :

(1) These Rules may be called “Teachers Services Commission Rules, 2057 (2000)”
(2) These Rules shall come into force immediately.

2. Definitions : Unless the subject or context otherwise requires, in these Rules.
(a) “Act” means the Education Act, 2028 (1971)
(b) “Ministry” means the Ministry of Education and Sports. ♣

Chapter – 2 Provisions relating to meetings, functions, duties and powers of the  Commission
3. Procedures Relating to meetings of the Commission:

(1) Meetings of the Commission may be held as deem be necessary.
(2) Meetings of the Commission shall be held at the venue, date and time prescribed by the Chairperson.
(3) The Chairperson shall preside over meetings of the Commission and in his absence the member selected by the members present at the meeting from amongst themselves shall preside over the meeting.
(4) In case more than fifty percent of the total members of the Commission are present, it shall be deemed to have constituted the quorum.
(5) Majority opinion in meetings of the Commission shall prevail and in case of equal division of votes, the person presiding over the meeting shall exercise the casting vote.
(6) Decision of meetings of the commission shall be certified by the person presiding over the meeting.
(7) Other procedures relating to meetings of the Commission shall be as determined by the Commission itself.

4. Functions, duties and powers of the Commission: Functions, duties and powers of the Commission shall be as follows: –
(a) To make recommendation for permanent appointment and promotion of teachers,

(a1) To issue teaching license to persons willing to teach at schools,
(a2) To determine curriculum of examination to be held  for teaching license and to carry out functions
relating to examinations.
(b) To make recommendation to the Ministry on matters relating to terms and conditions and
facilities of the service of the teachers .
(c) To determine curriculum of examinations to be held for appointment and promotion of teachers and to
carryout others functions relating to examination, and
(d) To conduct supervision and inquiry on matters relating to the functions to be carried out by the
Commission under the Act or these Rules as deem necessary.

5. To be made available :

The Concerned body shall make available to  the Commission entire documents relating to teachers appointment and promotion prepared prior to the formation of the Commission.

6. Remaining acts to be completed :

The commission shall complete  the acts remaining to be completed with regard to appointment and  promotion of teachers prior to the formation of the Commission subject to the Act and the Education Rules, 2059.

Chapter – 3
• • Provisions Relating to Teaching license and Recommendations for  appointment of Teachers
6A. Provisions Relating to Teaching license :

(1) The Commission shall, for the purpose of giving teaching license, conduct ………. written  examinations. Such examinations shall be separately held for the teachers belonging to primary, lower secondary and secondary levels.
(2) The Commission shall for the purpose of written examinations to be held pursuant to Sub-Rule (1), publicize public notice stating the time limit, application fee, place to submit application, date and time of holding examinations and examination center.
(3) Persons willing to be included in examination to be held as referred to in Sub-Rule (2) shall submit application at the place prescribed in the notice.
(4) The Commission shall make available admission card to the applicant to be included in the examination if it is found upon an inquiry that the application submitted pursuant to Sub-Rule (3) is found to be duly submitted.
(5) The full marks and pass marks of the written examinations to be held pursuant to Sub-Rule (1) shall be one hundred and forty respectively.
(6) The Commission shall make available permanent teaching license as in the format referred to in schedule -2 to the person successful in examinations held pursuant to Sub-Rule (1).
(7) Other provisions relating to examinations to be held pursuant to Sub-Rule (1) shall be as prescribed by the Commission.

(8) The Commission shall ask for details of teachers from District Education office and make available temporary teaching license in the format referred to in schedule -2 to teachers engaged in schools.
6B. Provisions Relating to Teaching License to be made available to teachers engaged in service:

(1) Notwithstanding anything contained in Rule 6A., the Commission shall make available permanent
teaching license in the format prescribed in Schedule-2 to → Headmasters of secondary and lower secondary schools, amongst the following teachers, based class observation or the like applied examinations
caused to be conducted by the District Education officer and to other of the following teachers upon class observation or the similar applied examinations caused to be conducted by the District Education Officer
or any officer designated by him/her.
(a) Permanent teacher engaged in service at the time of  commencement of these Rules.
(b) Teacher who is successful in examinations for the post of a permanent teacher prior to commencement
of these Rules and going to be appointed after the commencement of these Rules.
Explanation: ………
(2) ………..
(3) …………

6C. Special Provision Relating to Teaching license:

Notwithstanding anything contained elsewhere in these Rules, the Commission may issue  temporary teaching license as per the format of Schedule- 2 to those persons whose
→ interview is already held for the purpose of making temporary appointment of persons not having been trained pursuant to Rule 9, if they are successful in the interview.
→ Provided that, such teaching license shall be invalid upon publication of results of examination held by the Commission for the first time for permanent teaching license.

≠ ≠ 6D. Ineligibility for Being a Candidate for Teaching License:
(1) The following persons shall not be eligible for being a candidate in the examination to be conducted for teaching
license:-
(a) Non-Nepali citizen,
(b) Not attained the age of 18 years,
(c) Having unsound mind,
(d) Convicted of a criminal offence of  moral turpitude from a court,
(e) Dismissed from service having been rendered disqualified for government
service or teachers service in the future,
(f) Having no educational qualification acquired pursuant to Rule 9,
(g) Having no training acquired pursuant to Rule 9.
(2) Notwithstanding anything contained in Clauses (a) and (g) of Sub-Rule (1), the following persons may become
candidates in the first examination to be conducted for  teaching license after the commencement of this Sub-Rule:-

(a) Non-Nepali citizen getting appointed to  the post of teacher prior to the 1 st of  Baisakh, 2047 (April 14, 1990), and continuously engaged in the service till the commencement of this Rule.
(b) Persons displaced from posts of temporary teachers while fulfilling posts of teachers
permanently as per the advertisement published in 2052 B.S. (1995/96).
(c) Person acting as a temporary teacher for at least a period of one year at the time of
commencement of this Rule.
◊ (3) Notwithstanding anything in Clause (g) of Sub-rule (1), 1 teacher, who has received appointment letter before Mangsir 5, 2063 and serving continuously till the date, shall be eligible to be a candidate  for the first examination to be conducted for the teaching license after the commencement of this sub rule.
Provided that, the teaching license so received shall be ipso facto void in a case such a teacher does not take training within three years of the commencement of this sub-section.

6E. Teaching license to be deemed to have taken : The person having obtained teaching license of upper level shall be deemed to have taken teaching license under these Rules for being a candidate in post of teacher of lower rank.

7. Medium of vacancy fulfillment: Vacant posts of third class of primary, lower secondary and secondary school teachers shall be  fulfilled through the medium of open competitive examination and  vacant posts of second and first class shall be fulfilled through the medium of promotion.

8. Details to be made available : Each District Education office shall forward details of approved vacant posts in public schools within the district to the Commission each six months. While forwarding details in such a manner, the District Education Officer shall clarify as to the post/level and school having of the vacant posts.

9. Provisions Relating to Qualification and Training :

(1) In order for being a candidate in the examinations to be held for teaching license or post of teacher, the following academic qualification and training shall be essential : –
(a) For primary school teacher, secondary education or the equivalent examination must have been passed
and at least 10 months training on education or equivalent training must have been acquired or  Education subject of 400 full marks must have been and passed opted in secondary education .
(b) For lower secondary school teachers, proficiency certificate level or equivalent in the concerned
subject must have been passed and at least 10 months training on Education must have been
acquired.
(c) For the teachers of secondary school, Bachelors level in the concerned subject or equivalent  examination must have been passed and at least 10  months training in Education must have been acquired.

≠ (2) Notwithstanding anything contained in Sub-Rule (1), the women or incapacitated persons not having acquired training according to that Sub-Rule may become candidate for the first examination to be held after the commencement of this Sub-Rule for teaching license or for the post of a teacher.
(3) Notwithstanding any thing contained in Sub-Rule (1), if a person has acquired the qualification referred to in the same Sub-Rule in education, it shall be deemed to have acquired training for the purpose
of this Rule.
(4) In case a teacher of lower level school has obtained training of superior level, it shall be deemed to have obtained training for the purpose of this Rule.

10. Disqualifications for Being candidate :

The following persons shall not be deemed to have been qualified for being a candidate for the post
of a teacher: –
(a) Non Nepali citizen,
(b) Not attained the age of 18 years,
(c) Above the age of 40 years,
(d) Having unsound mind,
(e) Convicted of an offence of moral turpitude by a court,
(f) Dismissed from service having been rendered disqualified for government service or service of
teacher in the future,
(f1) Not obtained the Teaching license,
(g) Not acquired training referred to in Rule 9. Provided that in the following circumstances, Sub-Rule (c) of and (g) shall not be deemed to have hindered from being a candidate: –

≠ (1) For a person being engaged as temporary teacher for at least a period of one year at the time of commencement of this sub-clause or the person displaced from the post of temporary teacher while fulfilling posts of teachers permanently as per the advertisement published in 2052 B.S., to become candidate in examination under the first advertisement after the commencement of this Sub- clause.
(2) To be a candidate to the teacher who is working as a permanent teacher.
(3)
 ………..

11. Curriculum, Experiment (Examination) system and Evaluation process:

(1) The curriculum, experiment (Examination) system and evaluation process of examinations to be conducted by the Commission shall be as prescribed by the Commission
(2) For the purpose of Sub-Rule (1), the Commission may
form committees comprising of experts.
(3) In case the Commission makes any alteration in the prescribed curriculum the notice thereof shall be published prior to three months of the date of the examination.

12. Advertisement to be published for competition :

(1) In order to fulfill the vacant posts of teachers, the Commission shall publish advertisement along with necessary details through the medium of newspaper of national circulation. While publishing advertisement in such a manner, separate advertisement has to be published for each district.
(2) While publishing advertisement pursuant to Sub-Rule (1) it shall be stated that which of the various methods of examination  referred to in Clause (c) of Sub-section (1) of Section 11F. of the Act has to be applied in the competition.
(3) While publishing advertisement pursuant to Sub-Rule (1), the time limit for submission of candidacy shall generally be prescribed not less than thirty days.

13. Application to be submitted :

Candidates willing to take part in the competition shall fill in the application form prescribed by the Commission and submit the from to the place within the prescribed time-limit in the advertisement along with the receipt of payment of examination fees as prescribed by the Commission.

14. Provisions Relating to scrutiny of application form Admission card Etc :

(1) If it is found that the application is duly made while scrutinizing application forms filed pursuant to Rule 13, the
Commission shall make available admission card to the concerned candidates.
(2) The Commission shall not, normally, approve any application with conditions.
(3) In case of an advertisement or examination is cancelled or  application of a candidate is not approved under these Rules, the examination fee paid by the candidate shall be refunded. Provided that no examination fee shall be refunded if application is concealed under Rule 26.
15. Approved Name list to be published: Upon expiry of the last date for submitting application, the Commission shall prepare name lists of all candidates whose application were approved and publish notices in its notice board.

16. Date, Time and Centre of Examination: Examinations to be held under these Rules shall be held as per the date, time and centre as prescribed by the Commission.
17. Standard of examination: The standard of examinations to be held under these Rules shall be as prescribed by the Commission.
18. Pass marks and Full marks of Examinations:

(1) Full marks of competitive examinations to be conducted by the Commission shall be  as follows:-
(a) Written examination one hundred marks
(b) Applied examination twenty five marks
(c) Interviews twenty five marks
(2) Pass marks of written and applied (practical) examinations to be conducted under sub–Rule (1) shall be thirty-five and ten  respectively.

19. Applied (practical) examination :

(1) The Commission shall, if it deems necessary having regard to the nature of the subject, conduct
applied (practical) examination.
(2) While conducting applied examinations, the Commission may send the concerned candidates to any other office or institution which have such resource. While conducting applied (practical) examinations in such manner, the Commission may also seek assistance of experts of the concerned subject.

20. Name list of the successful candidates to be publicized :

(1) From amongst the candidates having been passed in written and applied  (practical) examinations, the names of candidates securing higher marks  shall be published for interviews on the alphabetical order upon adding the names of additional candidates on the following proportion:

Number of vacant posts Number to be added
1 to 5 2
6 to 10 3
11 to 15 4
16 to 20 5
21 to 25 6
26 to 30 7
31 to 35 8
36 to 40 9
41 or above than that 20 percent
Provided that, in case more than one candidates secure equal marks, the names of all such candidates shall be published.
` (2) In case the number of candidates securing the pass marks as referred to in Rule 18 is less than the required number, only the name of candidates having passed shall be published.
(3) While publishing results of written examination by the Commission, if candidates appearing in different examinations held at the same time are passed in both results, the result of examination shall   be published having included additional candidates equal to the number of candidates having passed in the other examinations.
(4) While publishing results of written examinations by the Commission, if a candidate has been previously recommended for the same post or class or higher post or class, name of such person shall be  deleted from result of the written examination.
(5) While publishing names pursuant to Sub-Rule (5), the date, time and place of interviews shall also be mentioned.

21. Managing the interviews :

(1) In order to conduct interviews of  candidates referred to in notices published pursuant to Rule 20, the
Commission shall form an interview board of at least three members along with an expert in the concerned sector.
(2) Procedures relating to meetings of interview board shall be as determined by the Commission.

22. Marks of interview :

The marks of twenty five allotted for interviews  shall be given as follows: –
(a) For experience, ten marks in maximum at the rate of one mark for each year of temporary service in
the post of the same class;
(b) For academic qualification, three marks in maximum at the rate of three marks for first division of the minimum academic qualification prescribed for entry into the service, two marks and one mark for the second and third division thereof respectively;
(c) Twelve marks in maximum for interview. Provided that, while giving marks for interview, if some of the candidates have to be given more that 70 percent and less than 35 percent of the total marks, the reason therefor has to be mentioned .

23. Interviews of Absentees may be Held:

In case a candidate selected for interview submits an application within ten days from the date of interview for being unable to appear at the interview for the following  along with reason and evidence there of, and in case it is decided
appropriate upon an inquiry, the Commission may, within fifteen days  of the date of interview, conduct the interview of such absentee  candidate:
(a) Occurrence of an accidental event,
(b) Unable to appear due to governmental function,
(c) Need to perform obsequies rites,
(d) Delivery of a baby
(e) If it is certified by a medical practitioner that the candidate fell sick seriously.

Explanation: Occurrence of an accidental event includes block of road or ways by flood or landslide and so on.

24. Publication of seniority order:

(1) The Commission shall publish seniority order of candidates passed in all examinations along with  recommendation for appointment upon adding marks secured in interviews in the marks of candidates passed in the written and applied examinations. While making recommendation in such a manner, the  names of candidates equal to ten percent of the vacant posts shall be  placed in the waiting list.
(2) The Commission shall recommend the candidate being successful for more than one posts of the same level to either of the posts on the basis as determined by the Commission.

25. Alternate candidates to be appointed:

(1) The District Education Officer may, on the following circumstances, appoint alternate candidates in the waiting lists as per the order of seniority:
(a) If the candidate recommended does not accept the letter of appointment within 30 days of the date of
publication of notice or of receiving of the information,

(b) If the post is vacant within the probation period because the candidate recommended died or tendered resignation or is appointed to the post of higher class.
(c) If he/she fails to attend the school where he/she was placed within 30 days from the date of  providing letter of appointment.
(2) In case an alternate candidate is appointed pursuant to Sub-Rule (1), the District Education Officer shall immediately forward the information thereof to the Commission.
(3) Notwithstanding anything contained in Sub-Rule (1) no alternate candidate having been recommended by the Commission shall be appointed upon expiry of a period of one year.

26. Application may be cancelled or recommendation may be Revoked:

(1) If it is proved that any candidate has been given false particulars or acts against the discipline of examination or attempts to commit such an act, the Commission may cancel the application of such candidate.
(2) In case any authentic reason is found, prior to appointment, that a candidate recommended for appointment could not be recommended for appointment, the Commission may revoke the recommendation of such candidate.
(3) In case it is revealed, after the candidate recommended is appointed to the post as per recommendation, that the candidate has given false particulars, the Commission shall forward the matter to the  concerned authority for departmental action.

Chapter -4  Provisions Relating to Promotion

27. Probable candidacy for promotion: In order to be a candidate for promotion, one shall be a permanent teacher having completed the service period of five academic years in the post of the concerned class.  Provided that in any of the following circumstances, no teacher  shall be allowed to become a candidate for promotion.
(a) If suspended, during the period of suspension,
(b) If promotion is suspended, during the period of suspension,
(c) If decreased to the lower rank, for a period of two  years from the date of demotion,
(d) If increment in salary (grade) is suspended, for a  period of one year from the date of suspension.

28. Determination of posts for promotion and basis of Promotion :
(1) Out of the vacant posts of the first and second class of the primary,  lower secondary and secondary levels, Twenty Five percent of the posts  shall be fulfilled through internal competitive examination and Seventy  Five percent shall be fulfilled on the basis of work performance  evaluation.
(2) The Commission shall, while making recommendation of  teachers for promotion, recommend on the basis of the work efficiency  of the teacher. The maximum of 100 marks shall be given as follows: –

For seniority of service 30 marks  For academic qualification 15 marks  For Training 15 marks
For work performance evaluation 40 marks

(3) The Commission shall, evaluating candidates pursuant to Sub-Rule (2), make recommendation of the teacher getting highest marks first. In case of teachers getting equal marks, recommendation for  promotion shall be made on the basis of seniority of service.

29. Seniority of service :

(1) While counting seniority of service, a  maximum of 30 marks shall be given at the rate of two marks for each
academic session in the post and level currently engaged in.  Provided that-
(1) While counting marks for seniority, for some months or  days more than an academic session, marks shall be given proportionately.
(2) For the purpose of this Sub-Rule, no marks shall be given for the period of absence or extra ordinary leave.
(2) For the purpose of this chapter, if the duration of permanent service is discontinued in between, the duration so
discontinued shall be deducted and the actual duration of service shall be counted. More over, if one has served as temporary teacher continuously, fifty percent of such period shall also be counted.
Provided that, the period in which one is absent in school without getting salary shall not be counted in the service period.

30. Academic qualification :

(1) While giving marks to teachers for academic qualification, 10 marks, 8 marks and 6 marks shall be given
for the first, second and third division of the minimum qualification prescribed for entry into the service respectively. For an academic  degree above the minimum academic qualification 5 marks 3 marks and  2 marks shall be given for the first, second and third division thereof respectively.
(2) For academic qualification without showing division, marks equal to second division shall be given.

31. Training :

(1) For training, the maximum of 15 marks shall be given on the following rates:
(a) For acquiring training of ten months or more on  education and teaching on the concerned level or  superior level having acquired minimum academic   qualification or for the purpose of a primary teacher, one having completed secondary education having opted education subject of 400 marks, 15 marks, 12 marks and 10 marks for the first second and third division respectively.
(b) For acquiring training of five months or more on education and teaching on the superior level having
acquired minimum academic qualification; 8 marks ,6 marks and 5 marks for the first, second  and third division respectively.
(c) For acquiring training of two and half months or more on education and teaching on the superior
level having acquired minimum academic qualification; 4 marks, 3 marks and 2.5 marks for  the first, second and third division respectively.
(2) For the training not mentioning division, the marks equal to the second division shall be given,
(3) Teachers having completed the proficiency Certificate Level, Bachelors Level or Masters Level in education shall be given the marks for the minimum qualification and trainings as well.

32. Work performance evaluation :

(1) In order to evaluate work  performance of teachers, the work performance evaluation form  mentioned in schedule-1 shall be used.

• (2) The School Inspector and District Education Officer shall  be the supervisor of the Headmaster of a secondary school and the concerned Regional Education Director shall be the reviewing authority.
The School Inspector and the officer designated by the District Education officer shall be supervisor of the Headmasters of primary and lower secondary school and the District Education Officer shall be the
reviewing authority. Provided that, in case there is no Headmaster above one level of the teacher whose work performance has to be evaluated, the school inspector in case of the primary level teacher and the District Education
officer in case of the lower secondary and secondary school teacher shall be the supervisor.

∗ (2a) Except the Headmaster of the school referred to in Sub-Rule
(1), the concerned Headmaster and school inspector shall be the supervisor of other teachers and the District Education Officer shall be the reviewing authority.

Provided that, in case there is no Headmaster belonging to one level or class above than the teacher whose work performance has to be  evaluated in any school, the concerned school inspector and the officer designated by the District Education Officer shall be supervisors and the  District Education Officer shall be the reviewing authority of the teacher of primary and lower secondary schools and the concerned school inspector and the District Education Officer shall be supervisor and the concerned Regional Education Director shall be the reviewing authority
in case of secondary school teacher.

(3) While counting marks for the purpose of evaluation of work performance, marks calculation shall be made from the average of the marks obtained for number of the latest years equal to the number of  years, which is required for a candidate to become eligible for promotion. In advertisements published after the commencement of
these Rules,

→ work performance of Academic year 2057/058 shall be evaluated for all teachers and marks shall be calculated as per work performance evaluation under these Rules. Irrespective of whatsoever years of work performance evaluation may be required for promotion, average of the marks of one duration → for the academic year 2057-58, of
two duration for the second two years, of three duration for the third three years, of four duration for the fourth four years and of five duration for the fifth five years shall be calculated for promotion.

≡ (4) The teacher not having his/her work performance evaluated at the commencement of this Sub-Rule may have his/her work performance evaluated under this Rule within six months from the
commencement of this Sub-Rule.

33. Publication of Name list of Promotion :

The Commission shall   publicly publish name list of teachers recommended for promotion and  the minimum marks obtained by the teacher shall also be stated in the name list. After publication of the name-list of recommendation for promotion, if any concerned candidate wants to see the marks he/she has obtained, he/she shall be allowed to see marks he/she has obtained for the basis other than work performance evaluation.

34. Complaint and Review over Recommendation of Promotion:
(1) The teacher not having his/her name included in the name list of recommendation for promotion pursuant to Rule 33 may, if so willing, file a complaint against the decision of promotion, before the Commission stating clear grounds bases and evidence within 35 days  from the date of publication of promotion name list.

(2) The Commission shall give decision on the compliant filed pursuant to Sub-Rule (1) normally within 90 days from the date of expiry of the time limit to file complaint.

(3) While reviewing the name list pursuant to Sub-Rule (2), if  it appears that the name list for promotion published earlier needs to be amended, the Commission shall make decision thereof and publish  amended name list of recommendation for promotion.

35. Date of promotion and promotion appointment :

(1) After publication of promotion name list pursuant to Rule 33, the candidates having been recommended for promotion shall not be given promotion appointment for 35 days from the date of publication of the said name
list for the purpose of complaint over the promotion and they shall be kept in waiting list. If no complaint is filed against the recommendation of promotion, appointment shall be given having maintained the  seniority in the class of promotion to be applicable from the 36th day of  the date of publication the said name list.
(2) In case a complaint has been filed against the recommendation of promotion, appointment shall be given having
maintained the seniority as follows: –
(a) In case a decision has been made to amend the name list of recommendation of promotion pursuant to Sub-Rule (3) of Rule 34, from the date of publication of the amended name list.
(b) In case the complaint has been dismissed or the prior recommendation of the Commission is held
valid, from the 36 the day of the date of publication of recommendation for promotion.

36. Advertisement for promotion Through internal Competitive Examination :

The Commission shall, in order for the posts to be  fulfilled by promotion through the medium of internal competitive examination in accordance with the percentage allotted pursuant to Rule.

28, publish advertisement for the information of the concerned  candidates .

In such advertisement, number of the posts, required academic qualification and period of service, the place for submitting application and last date of submission of application, place for  conducting examination and other necessary particulars shall also be included.

37. Basis of Promotion in internal competitive examinations:

The following shall be the methods for examination of internal competition:-
(a) Written examination
(b) Interview

38. Curriculum of Examination and other provisions Relating to  recommendation for promotion:

(1) Curriculum of internal competitive examination shall be as determined by the Commission.
(2) Allocation of marks for written examination and interview  and other provisions relating to internal competitive examination of teachers shall be as good as the open competitive examination. A maximum of ten marks for experience at the rate of one mark for each year, shall be allocated in this regard.

39. Special provision relating to promotion :

(1) Notwithstanding  anything contained elsewhere in these Rules, the Commission shall  make recommendation one month in advance for promotion to upper class of the same level to a teacher who is going to get  mandatory  retirement having been entitled to pension from the same post of the same class in which he/she was permanently appointed.

• (2) The teacher getting retirement pursuant to Sub-Rule (1) shall, prior to six months from the date of retirement, submit application to the concerned District Education Office enclosing therewith necessary documents.
∗ (2a) while securitizing documents along with the application received pursuant to Sub-Rule (2), if it is found that the teacher submitting the application is eligible for promotion, the District Education Officer shall forward the application to the Commission ninety days in advance from the date of retirement of such teacher.
* (2b) In case it is found appropriate for the teacher submitting  application to be promoted while scrutinizing documents along with application reviewed pursuant to sub-Sub-Rule (2A), the Commission shall recommend the concerned District Education Office to promote such teachers pursuant to Sub-Rule (1).
* (2c) Upon recommendation from Commission pursuant to Sub- Rule (2B), the District Education Officer shall promote the teacher submitting application to the post of one level above of the same class prior to one month from the date of retirement.
(3) While promoting pursuant to Sub-section (1), a special post shall be deemed to have be ipso facto created and after the retirement of such a teacher such a post so promoted shall ipso facto be lapsed and the earlier post shall continue

Chapter- 5  Financial Procedures
40. Provision Relating to operation of Accounts :

Subject to control  and supervision of the Commission, the accounts of the secretariat shall  be operated by joint signature of the Administrative chief of the Commission and the chief staff designated for carrying out acts relating
to accounts.

41. Responsibility of maintaining books and accounts of cash and  kind :

It shall be the responsibility of the administrative chief of the Commission to maintain or cause to maintain books and accounts relating to cash, kind, revenue, deposit of the secretariat.

42. Procedures of fiscal Act, Rules to be followed :

While expending the amount appropriated in the name of the Commission, the prevailing  fiscal Acts and Rules of the Government of Nepal shall be followed.

Chapter -6  Miscellaneous

43. Dishonest Acts :

In case any candidate commits or attempts to commit a dishonest act during the time of examination being conducted by the  Commission, the Commission may expel him/her from the examination.

44. Confidentiality :

All types of records relating to examinations to be  conducted by the Commission shall be confidential.

45. Cancellation of Examination and Advertisement:

(1) In case any   type of unwanted incident happens or any type of obstruction is caused in examination, the course of the Commission may cancel the  examination of that day upon stating the reasons thereof.
(2) In case any irregularity is committed in any examination, the  Commission may revoke the advertisement relating to it along with  reason thereof.

46. Inspection :

(1) In order to monitor whether or not the responsibility  entrusted by Commission is fulfilled, the Commission may inspect or cause to inspect the concerned bodies as may be necessary.
(2) While carrying out inspection pursuant to Sub-Rule (1),  the Commission may recommend to the Ministry for taking departmental action against the concerned employee if it is found that no acts and activities are taken as per the responsibility entrusted by the  Commission.

47. Experts service may be sought:

Commission may, subject to  the approved budgetary limits and having obtained approval of the  Ministry, seek services of experts on the matters relating to its function.

48. Remuneration may be Received from Commission :

A person appointed by the Commission or a member of the committee formed in  order to carry out the functions of the Commission may receive remuneration as approved by the Ministry of Finance.

49. Provisions Relating to Leaves :

(1) The Chairperson and member  shall be entitled to the facilities of leaves as the Gazetted special class
employee of Government of Nepal are entitled to.
(2) The Chairperson may approve his/her leave and deputation him/her self and members shall obtain approval of the Chairperson for leave and deputation.

50. Details to be made available :

The concerned bodies shall make available to the Commission the records or a particular as he  Commission has sought under the Act and these Rules.

51. Work performance evaluation forms to be made available:

In order for the promotion to be made on the basis of work performance evaluation, the concerned bodies shall make available to the Commission the personal details of probable candidates and work  performance evaluation forms.

52. To be as per these Rules:

On matters provided for in these Rules, it  shall be as per these Rules and on other matters, it shall be as per the
Education Rules, 2059.

53. Procedures to be Determined :

The Commission may determine  procedures, except provided for the these Rules, for making its  functioning systematic not being contrary to the Act and these Rules.

54. Guidelines may be issued:

In order to carry out its functions in a  smooth manner, the Commission may, subject to the Act and Rules,
issue necessary guidelines.

55. Repeal :

Rules 22, 23, 24, 25, 25A, 26, 27, 44, 49, 50, 51,52,A, 52B,  52C, 94 and Schedule, 5 of the Education Rules, 2059 (1992) are hereby  repealed.
Note
(1) Words altered by the Teachers Services Commission (Second  Amendment) Rules, 2059 (2002) :–
“Teachers Services Commission” instead of ” National Teachers  Services Commission:
(2) Words altered by the Teachers Services Commission (Second Amendment) Rules, 2059 (2003) :–
“Education Rules, 2059″ instead of “Education Rules, 2049”

Schedule -1
(Relating to Sub-Rule 1 of Rule 32)
Work Performance Evaluation Form
Guidelines to fill in the form:
1. Each teacher shall fill in this form having filled in the particulars to be
filled in by him and submit it to the Headmaster of his/her school within
30 days from the date of beginning of each academic year. If no form is
submitted, his/her name shall be removed from the probable list of
promotion.
2. Within 15 days of the receipt of the form, the Headmaster shall forward
it to the District Education Office having completed his/her tasks and
along with his/her reaction.
• 3.
The District Education Officer shall completed his/her tasks of
supervision and review within two months and forward the form to the
Regional Education Directorate or the Commission as the case may be.
The Regional Education Directorate shall complete its tasks of review
within two months and forward it to the Commission.
Name of School to which the particulars are submitted: –
Registration No. Date: –
1. Personal particulars: Period of evaluation: from ………. to ..
Name and Address of Teachers: –
Permanent Address: –
Post ……………………….Level ……………………..Class
Name of school: –
District: –
Address: – Municipality .VDC……………Ward .No. …….. Place………………
Date of appointment (Enclose the copy)…………. Temporary:-…..
Academic qualification (Enclose copies of certificates)
Examination passed Name of the Organization Year Division
• Amended by First Amendment.

1.
2.
3.
4.
5.
Trainings (Enclose copies of certificates)
Name of Training Name of organization giving certificate Duration
Class
1.
2.
3.
2. Details of works
Detains of remarkable works performed by the teacher (To be filled in
by the teachers)
(Details of special acts relating to teaching, extra activities, physical and
financial reform of school, upgrading quality of education)
1.
2.
3.
Signature of the teacher:-
Date:-
It is herby certified that aforementioned personal details of the teacher
are true and correct.
3. To be filled in by Headmaster:
1. Remarkable acts he/she has performed during this academic year:-
1.
2.
3.
2. Opinion of the Headmaster with regard to his regularity of
presence in schools quality of teaching participation in school
programs and discipline:-
Signature of Headmaster: –
Name:-
Date:-
4. Work efficiency evaluation:-
Ten qualities that a teacher must have are stated here. According of the
degree of each quality, the following marks may be given:-
Marks to be given by the first supervisor
Excellent – 2 marks Good 1.5 marks
Satisfactory – 1 Marks General: 0.5 marks
Marks to be given by the second supervisor:
Excellent – 1 marks Good: 0.75 marks
Satisfactory – 0.50 marks Normal: 0.25 marks
Marks to be given by the reviewing authority
Excellent –1 marks Good: 0.75 marks
Satisfactory –0.50 marks Normal: 0.25 marks

Schedule – 2
(Relating to Rules 6A, 6B and 6C)
Permanent/temporary/teaching License
In Pursuance of decision of the Teachers Services Commission dated ……………………………., this  permanent/temporary Teaching License has been given to Mr/Mrs/Miss ……………….., a resident of …………….. District
……………….. Municipal corporation/Sub-Municipal Corporation/Municipality/VDC ……………. Ward No ……………………………..
Tole/Village and the Son/Daughter of …………………………………, to teach at a school of ……………………….. level.
Office Seal
Official issuing license
Signature: –
Name: –
Designation: –
Office: –
Date: –