12. School Management Committee

12. School Management Committee: (1) To operate, supervise and manage every community school; there shall be a School Management Committee consisting of the following members: (a) A person selected by the parents from among themselves -Chairperson (b) Three persons, including One woman, selected by the parents among themselves -Member (c) The Ward President of the concerned Ward of the Village Development Committee or Municipality where the school is – Member

located

(d) One person nominated by School Management Committee from among local intellectuals or educationists – Member (e) One person nominated by School Management Committee from 86amongst the founders of the school – Member

(e1) One person nominated by School Management Committee from amongst the donors who have provided amount, building or land to the school as prescribed – Member

(f) One person selected by the concerned school teachers from amongst themselves -Member

(g) Headmaster of the school Member-secretary

(2) Two members shall be represented from the District Level Federation of Industry and Commerce in the School Management Committees of such Secondary schools where study or training on Technical or vocational Subjects are conducted.

(3) The School Supervisors and the Resource Persons related to the concerned school shall be invited to attend the School Management Committee Meetings as observers.

(4) There shall be School Management Committee for operation, supervision and management in every Institutional School consisting the following members: –

(a) One person nominated by the District Education Officer on the recommendation of concerned school from amongst the Founder or the Investor of the school. -Chairperson

(b) Two persons including a woman nominated by School Management Committee from amongst the parents. – Member

(c) One person from amongst the local intellectuals or educationists nominated by the Village Development Community or Municipality – Member

(d) School supervisor of the concerned area – Member

(e) One person selected by the concerned school teachers from amongst themselves – Member (f) The Headmaster of the school – MemberSecretary

(5) The tenure of the office of the President or Members selected or nominated pursuant to Sub-sections (1) and (4) shall be 88Three years. If it is found that the nominated chairperson or member did not fulfill the conduct as per his/her post, the nominating guardian, official or body may remove him/her from his/her post at any time. Provided that, one shall be given a reasonable opportunity to defend before removing from the post.

(5a) Notwithstanding anything contained in Sub-section (4) if it is found necessary to form School Management Committee of any institutional school by the Government of Nepal to which the Government of Nepal has provided building or land or has given any type of assistance, or such school has been conducted for special purpose or conducts special education; the Ministry of Education and Sports upon mentioning the reasons thereof may form a School Management Committee.

(6) The functions, rights, and duties of the School Management Committee for the Community Schools shall be as follows:

(a) To mobilize the resources and means available for the operation of the school,

(b) To maintain or cause to maintain the records of the movable and immovable property of the school and protect them,

(c) To maintain and update the records of the academic, physical and financial data and details of the school,

(d) To approve the annual budget of the school and inform the same to the Village Education Committee and District Education Office,

(e) To prevent from polluting the environment of the school on the grounds of politics, religion, communality in order to maintain the academic environment of the school conducive,

(f) To assign duties to the teacher deputed by the District Education Office,

(g) To carry out the annual audit of the school by the auditor appointed by the District Education Office,

(h) To take necessary action in accordance with the auditor’s report and submit such report to the District Education Office,

(i) To abide by the orders and instructions issued by the District Education Committee and District Education Office,

90(j) To arrange for the remuneration and facilities of the teachers who have been appointed or promoted by the committee itself,

(k) To constitute Teacher-Parent Association as specified in order to enhance the academic standards.

(7) The functions, duties and powers of the School Management Committee of the Institutional School shall be as follows:

(a) To mobilize the resources and means available for the operation of the school,

(b) To make arrangement for the essential physical facilities for the school,

(c) To protect and safeguard the movable and immovable property of the school,

(d) To maintain conducive educational environment in the school,

(e) To implement the curriculum and the textbooks compulsorily as approved by Government of Nepal and obtain approval from the Curriculum Development Center if other supplementary textbooks are regarded essential,

(f) To appoint those candidates to the post of the teacher who have obtained License from the Commission and who are eligible for the post as per the prevailing law to the post of a teacher,

91(f1) To start with the process relating to permanent fulfillment within a period of Six months from the date of the commencement of this Clause for the purpose of providing chance to be a permanent teacher to those teachers who have been appointed as temporary teachers before the commencement of this Clause and to start with such process for those teachers within a period of Six months from the date of being appointed as a temporary teacher after the commencement of this Clause,

(g) To provide salary to the teacher not less than the scale fixed by Government of Nepal,

(h) To take disciplinary action to the teachers,

(h) To abide directions issued by Government of Nepal. 92

(7a) There shall be a School Management Committee as prescribed in a higher secondary school for its operation, supervision and management.

93(7b) The functions, duties and powers of a School Management Committee formed pursuant to Sub-section (7a) shall be as prescribed.

(8) Other functions, powers, and duties and the procedures of meetings of a School Management Committee shall be as prescribed.

12A.School Management Committee may be dissolved: (1) In a condition where the School Management Committee of any school becomes unable to fulfill its prescribed responsibility the District Education Office may, upon mentioning the reasons thereof, dissolve such school management committee. Provided that, the School Management Committee shall be given a reasonable opportunity to defend prior to its dissolution. (2) After the dissolution of the School Management Committee pursuant to Sub-section (1), the District Education Committee may form

a temporary School Management Committee until a next School Management Committee is formed or owning to any other reason until a School Management Committee in constituted.

12B Rural Education Development Fund: (1) There shall be a Rural Education development Fund in the central level to assist in the development of the Community Schools run in the rural areas and also to enhance their academic standards. (2) The fund as of Sub-section (1) shall consist of the following amounts:

(a) The amounts received as grants from Government of Nepal,

(b) The amount received from the Institutional out of 96………….. the total annual income of such school as prescribed,

(c) The amount received as donation,

(d) The amount received from other sources.

12C. The Fund Management Committee: (1) There shall be a Fund Management Committee in order to operate the Rural Education Development Fund, consisting of the following Members:-

(a) Secretary, Ministry of Education and Sports – Chairperson

(b) Representative, Ministry of Finance – Member

(c) Representative, Ministry of Local Development – Member

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

(e) Director General, Department of Education – Member

(f) Representative, Office of the Financial Comptroller General – Member

(g) Two persons nominated by the Ministry of Education and Sports from amongst the presidents of the central level organizations of the Institutional Schools – Member

(h) Head of the School Administration Section of the Ministry of Education and Sports – Member-Secretary

(2) Other functions, duties, powers and procedures of the meetings of the Fund Management Committee instituted pursuant to Sub-section (1) shall be prescribed.