17. Penalty

17. Penalty: 135(1) If, anybody embezzles or causes damage/loss to the
property of the school, the 136Adjudicating Authority shall collect the
claimed amount and punish him/her with a fine of up to Twenty-Five
Thousand Rupees.

(1a.) If, anyone acts or cause to act, or assist to act as
following such a person 138…………… shall be liable for a fine up to One
Hundred Thousand Rupees or an imprisonment upto Six months’ or
both based on the gravity of the crime.

(a) If the secrecy of question papers is disclosed,
(b) In case of negligence or irresponsible activity found
in checking answer sheets,
(c) If enters or tries to enter in to the Examination
Centre without the permission of the concerned
official, or commits any indecent act by taking the
Examination Centre under control,
(d) If commits irregularity in publishing examination
results,
(e) If appears in examinations on the behalf of others,
(f) If commits any other act which destroy the
decorum of the examinations.
139(1b) If a lawsuit is filed against any teacher or the employee of
the school before the 140Adjudicating Authority or, the Court in an
offence as referred to in Sub-sections (1) and (1A), such teacher or
employee shall be suspended from the post from the date of filing a case
until the case is disposed of. A departmental action pursuant to this Act
shall be carried out if such teacher or employee found guilty by the
Court.

(2) 141Notwithstanding anything contained in Sub-sections (1)
and (1a.), the prescribed official may punish a person who contravenes
the provision of this Act or the Rules made thereunder as following:
(a) To carry out disciplinary actions against the
teachers and employees of the Schools,
(b) To expel a student from School, hostel or
examination,
142 (c) To impose a fine of One Thousand Rupees to
Twenty Five Thousand Rupees based on the gravity
of offence,
(d) To reduce, suspend or cancel the governmental
assistance to the school,
(e) To cancel the permission or approval so provided
to the School.

17A. Investigation and prosecution of a Case Relating to Property:
(1) Notwithstanding anything contained in the 144Government Cases Act, 2049 (1993), a case relating to the offence punishable pursuant to Sub-section (1) of Section 17 shall be investigated by the prescribed official, and such case shall be filed to the Adjudicating Authority in the name of the concerned School after the investigation.
(2) During the process of investigation and filing of the case pursuant to Sub-section (1), the prescribed official may take legal opinion of the Government Attorney.
141 Amended by the Seventh Amendment.
142 Amended by the Sixth Amendment.
143 Inserted by the First Amendment.
144 Amended by Seventh Amendment.

17B. Adjudicating Authority: The cases relating to the offence punishable
pursuant to Sub-section (1) of Section 17 shall be heard and disposed of by the Chief District Officer.

17C. Government of Nepal shall be plaintiff: (1) Government of Nepal
shall be the plaintiff in a case as referred to in Sub-sections (1) and (1a) of Section 17.
(2) The case to be filed pursuant to Sub-sections (1a) shall be deemed to have been included in the Schedule-1 of Government Cases Act, 2049.