11. The formation of District Education Committee

11. The formation of District Education Committee: (1) The District Education Committee shall be constituted in each district to supervise and manage the schools within the district.

(2) There shall be following members in the District Education Committee pursuant to Sub-section (1):

(a) President of the District Development Committee or the person authorized to perform the duties of the President -Chairperson

(b) Chief District Officer – Member

(c) Secretary to the District Development Committee – Member (c1) 48…………….

(d) Four teachers nominated by the District Education Committee including 49Two women from amongst representing from the Higher Secondary Schools, Secondary Schools, and Primary Schools of the District, with at least Ten years’ experience of working with the concerned school – Member

(e) One person from amongst the chairpersons of the Community School Management Committee of the district nominated by the District Education Committee – Member

(f) One person from amongst the Chairpersons of the Institutional School Management Committee of the district nominated by District education Officer – Member

(g) One person from amongst the Chairpersons of Village Education Committee nominated by District Education Committee

(h) President of the District Level Teachers’ Union – Member (i) District Education Officer -Member Secretary

(3) The tenure of office of the Members nominated pursuant to Sub-section (2) shall be Two years. If the nominated member did not fulfill the conduct as required by the post, the nominating official may remove him/her from the post, at any time. Provided that, one shall be given a reasonable opportunity to defend before removing from the post.

(4) 50………………..

(5) The functions, duties and powers of the District Education Committee will be as follow:

(a) To formulate district level education plans, 51(a1) To recommend to Higher Secondary Education Board to provide affiliation to run a Higher Secondary School,

(b) To encourage the Village Development Committee and Municipality to provide financial assistance to the Community Schools,

(c) To assist in conducting the examinations in the district in a dignified and fair manner,

(d) To manage for accumulating resources for the development of quality education in the district,

(e) To fix the remuneration for the auditor of the Community School,

(f) To distribute and adjust the teachers’ positions available among the Community Schools of the district, on the basis of the number of the students of the Primary School; and on the basis of the number of the students and subject load of the Lower Secondary and Secondary Schools in accordance of the policy of Government of Nepal,

(g) To provide instructions to the School Management Committee as required.

(6) Other functions, duties, powers and procedures of meetings of the District Education Committee shall be as prescribed.

11A. District Education Committee May be Dissolved: (1) In case, the District Education Committee of any district fails to fulfill the responsibilities as prescribed, such District Education Committee may be dissolved by Government of Nepal.

(2) After the dissolution of a District Education Committee pursuant to Sub-section (1), Government of Nepal may constitute a temporary Committee to perform the functions of the District Education Committee until the constitution of another District Education Committee.

11B. Constitution of the Commission: 54(1) A Teacher Service Commission shall be constituted to appoint teachers in the vacant positions in accordance with the positions approved by Government of Nepal for the Community Schools and to recommend the promotion of such teachers as appointed in such post. 55Provided that, the appointment and promotion of teachers in a community school which is handled by a local body or management committee pursuant to Section 11M. shall be as prescribed.

(2) The Commission shall have other Two members along with the President.

(3) In order to recommend for the appointment of the members pursuant to Sub-section (2), Government of Nepal shall constitute a committee under the Chairpersonship of the Chairperson of the Public Service Commission consisting the Vice-chancellor of Tribhuvan University and the Secretary at the Ministry of Education and Sports as a member, and Government of Nepal shall appoint the person recommended by the Committee as a member.

(4) The tenure of Office of members appointed 58…………… pursuant to Sub-section (2) shall be Five years and he/she may be reappointed. 59(4a) The senior official of the Commission shall function as the secretary of the Commission.

(5) The functions, duties, powers and proceedings of the commission shall be as prescribed.

(6) Other conditions of service of members shall be as prescribed.

(7) Remuneration and facilities of the members shall be as prescribed by Government of Nepal, by a Notification in the Nepal Gazette.

11C. Qualification for Member: (1) The following qualifications shall be required to be appointed as a member:

(a) Nepalese citizen,

(b) Obtained Masters’ degree from the University recognized by Government of Nepal,

(c) Should not have to be a member of any Political Party from at least Two years before the appointment,

(d) Completion of the age of Forty years, 61

(e) At least Five years’ service in special class of Government of Nepal for the Chairperson and at least Fifteen years’ of experience in the field of Law, Education or Administration for a member.

11D. Member not to be Maintained: (1) The post of member shall be deemed vacant in the following circumstances: (a) If the tenure pursuant to Sub-section (4) of Section 11B expires, (b) If he/she has completes the age of Sixty Five years, (c) If the resignation in writing tendered by him/her is accepted by Government of Nepal, (d) If he/she dies. (2) Notwithstanding anything contained in Sub-section (4) of Section 11B., if someone files a complaint referring that a member is incompetent or has not act as required by his/her duty or has a bad conduct, Government of Nepal may, constitute a Committee to make investigation on such complaint; and Government of Nepal may remove such member it is so proved. Provided that, one shall be given a reasonable opportunity to defend before removing from the post.

11E. Provision Relating to Secretariat and Employee: (1) There shall be a separate Secretariat of the Commission and such Secretariat shall be located in Kathmandu Valley. (2) Government of Nepal shall designate at least Gazetted First Class Officer of Government of Nepal to carry out the function as a Administrative Chief of the Secretariat.

(3) Other necessary employees of the Secretariat shall be arranged by the Ministry of Education.

11F.Procedures to be Followed for Recommendation: (1) The procedures to be followed for the recommendation to permanent appointment of teachers by the Commission shall be as follows: (a) To collect the details of number of teachers to be fulfilled according to the level of School from the concerned District Education Office while fulfilling the vacant post of teachers permanently as per the approved position in the Schools of the district,

(b) To publish advertisement for recruitment through open competition upon mentioning the number of posts, and receive application from the candidates who deserve the prescribed qualifications for the given post, 65Provided that, while determining the number of post for such open competition the commission may make necessary arrangements in such a manner that Fifty percent posts, only the following person, in maximum, shall be eligible to be a candidate in the first vacancy announcement (advertisement) made by the commission after 21 Shrawan 2061 B.S.:

(1) A person who has served for at least One year in the capacity of a temporary teacher among the persons who have been removed from the post of temporary teacher after the appointment of permanent teacher in such post as per the advertisement published in the year of 2052 B. S.

(2) A person who has been appointed in the post of teacher at community school before 25 Magha 2058 B.S. and serving continuously since then.

(c) To select suitable candidate as follows upon making an inquiry of the applications received pursuant to Clause (b): (1) Open competitive written examination, (2) Interview, (3) Practical examination. Provided that, practical examination shall be taken only in such situation as deemed appropriate and necessary by the Commission.

(d) To publish advertisement every year for the vacant post and to recommend for appointment or promotion within a period of Six months of such advertisement. 67(1a) Notwithstanding anything contained in Clause (b) of Subsection (1), the commission shall make arrangement of open competition

as prescribed in such a manner that even the temporary teachers, who have been serving continuously on the commencement of this Subsection and who have been appointed till 10 Baisakh 2063 B.S. in a seat approved by the Government of Nepal for community school or appointed as a temporary teacher on the lean post of the approved ceiling may be eligible to be a candidate in the first advertisement (vacancy announcement) to be published after the commencement of this Sub-section. In the case of temporary teachers no age bar shall be applied for the first time.

(1b) Notwithstanding anything contained in the Clause (b) of Sub-section (1), the commission, except as provided in Sub-section (1a), may provide the arrangement for an open competition as prescribed in such a manner that on the commencement of this Sub-section who has been working as a temporary teacher under basic and primary education project and also the person who has been removed from the post of a teacher while fulfilling the vacant post of a permanent teacher as per the advertisement of the years of 2052 B.S. and 2061/062 B.S., may be eligible to be a candidate in such a competition. In the case of a temporary teacher no age bar shall be applied for the first time.

(1c) The Government of Nepal may provide facility as prescribed to those teachers who had served for more than Five years as a temporary teacher from among who could not be a permanent teacher through a competition made pursuant to the Sub-section (1a) and (1b).

(2) The Commission shall follow the prescribed procedures while recommending for the promotion of a teacher.

11G. Committee may be Constituted: (1) The Commission may constitute Committees in central and regional level as per necessity for the smooth operation of functions and proceedings to be carried out by it. The members of such Committees shall be from amongst the educationist and the persons actively involved in the education sector who are not members of any political party from at least One year before the appointment.

(2) The functions, duties, powers and proceedings of the Committees constituted pursuant to Sub-section (1) shall be as prescribed by the Commission.

11H. Delegation of Powers: The Commission may, as per necessity, delegate any of the powers conferred on it by this Act to the Chairperson, member, the Committee pursuant to Section 11G. or 72any officer employee.

11I. Deemed to have done by the Commission: The functions and proceedings carried out by the District Teachers Selection Committee and Regional Teachers Selection Committee prior to the commencement of this Act shall be considered as carried out by the Commission.

11J. Submission of Annual Report: The Commission shall submit its annual progress report upon mentioning the functions and proceedings carried out by it to the Government of Nepal, within Three months of the expiry of every fiscal year.

11K.Village Education Committee: (1) The Village Education Committee shall be constituted in each Village Development Committee to

supervise and manage the school to be run and to establish coordination among the various schools within the area of the Village Development Committee upon consisting of the following Members:-

(a) The President of the Village Development Committee or the person authorized to act as a President. -Chairperson

(b) One person nominated by the District Education Committee from amongst the Chairperson of the School Management Committees of the schools running within the Village Development Committee area. -Member

(c ) Two persons, including One woman, from amongst the social workers or educationists nominated by Village Education Committee -Member

(d) School supervisor from the concerned area -Member

(e) The member of the District Development Committee of the area where the school is located -Member

(f) A Headmaster from the excellent school as evaluated by Village Education Committee among the Community Schools operated within the Village Development Committee area.

(2) The tenure of the Members nominated pursuant to Subsection (1) shall be Two years. If it is found that the nominated member did not maintained the conduct required to his/her post, the nominating official 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. (3) Other functions, powers, duties of the Village Education Committee and the other procedures of meetings shall be as prescribed.

11L. Mobile Schools may be operated: Government of Nepal may operate Mobile Schools in the remote mountainous (Himalayan) regions as prescribed.

11M.Teaching License to be obtained: (1) After the commencement of this Act, no one shall be the candidate for the post of a teacher without obtaining teaching license from the Commission.

(2) The Commission may conduct examination as prescribed for the purpose of providing Teaching License through the public notice.

(3) The Commission shall provide Teaching License to those candidates who have passed the examination conducted pursuant to Sub-section (2).

(4) The Commission shall provide temporary Teaching License to the working teachers within Six months of the commencement of this Act.

(5) The teachers who have obtained temporary Teaching License pursuant to Sub-section (4) shall have to obtain permanent license from the Commission within Five years.

(6) The temporary teachers who fail to obtain permanent Teaching License within the period as referred to in Sub-section (5) shall automatically be terminated and the permanent teachers shall be terminated as prescribed.

(6a) Notwithstanding anything contained elsewhere in this Section, in a condition where teaching license holder persons are not available in the subject of Science, Mathematics and English and due to this reason if teaching activities have not been conducted in the schools of remote areas, or temporary teachers who have not taken teaching license, the commission may conduct separate examination for them as prescribed for the purpose of giving a chance of participation in a competition to be held as per the first advertisement after the commencement of this Sub-section; and provide temporary teaching license.

(6b) Among temporary teaching licenses pursuant to Subsection (6a), the duration of teaching license which is issued to teach in remote areas shall be for Two years and the duration of a teaching license which is issued to participate in the competition shall be for One year. (7) Other provisions regarding the Teaching License shall be as prescribed. 8011N. Grant shall not be curtailed: The amount of grant being provided by Government of Nepal to the Community Schools at the commencement of this Act shall not be curtailed.

Provided that, the amount of grant being provided to a school may be reduced as prescribed if the school has been unable to maintain academic standards as prescribed.

11O. Provisions for scholarship may be made: Government of Nepal may arrange scholarship as prescribed to the students enrolled at Lower Secondary Education and Secondary Education.

8311P. Grants may be provided to the Child Development Centre: Government of Nepal may provide grants as prescribed to the Child Development Centre established in co-operation with Village Development Committee or Municipality.

11Q. Management of a school may be handled:

(1) If a local body or management committee intends to handle the management of a community school, it shall produce an application before the prescribed authority upon mentioning the matters as prescribed.

(2) While making an inquiry in to the application received pursuant to Sub-section (1), if it is found that such local body or management committee has fulfilled the prescribed conditions, the prescribed authority may handover the management of such community school to the applicant.

(3) The terms and conditions of service and facilities of the teachers, who have been appointed in the post approved by the Government of Nepal and have been working in a school whose management is handled by local body or management committee pursuant to Sub-section (2), shall be as good as the teachers of other community schools and the Government of Nepal shall provide amount

for salary and allowances of such teachers and the amount which is equal to the amount to be added by a school for provident fund, to a school in a single installment.

(4) The local body or management committee may appoint additional teacher in a school which is handled by it pursuant to Subsection (2) to be paid by such school.

(5) A teacher appointed pursuant to Sub-section (4) shall be entitled to obtain remuneration and facilities as good as the other teachers of such school.

(6) The Government of Nepal may provide additional seat to a school whose management is handled by local body or management committee pursuant to Sub-section (2) on the basis of necessity of such school.