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Chapter-6 Offence and Fine

 

  1. Offence and fine: (1) If a person does any of the following acts, he or she shall be deemed to have committed the offence under this Act:

(a)        To refuse to admit a child pursuant to sub-section (1) of Section 9 or not to provide written information pursuant to sub-section (4) of Section 9,

(b)        To expel a child pursuant to sub-section (1) of Section 10 or to prevent or deprive a child from acquiring or of the basic education or from taking examination pursuant to sub-section (2) of Section 10,

(c)        To refuse to make readmission pursuant to Section 11 or to refuse to give the transfer certificate pursuant to Section 13,

(d)       To do any act contrary to Section 16,

(e)        To do any act contrary to Section 27.

(2) If a person commits the offence referred to in sub-section (1), the guardian of the child concerned may make a petition to the Judicial Committee of the Local Level concerned within fifteen days from the commission of such offence.

Explanation: For the purposes of this Section, “Judicial Committee” means the Judicial Committee referred to in Article 217 of the Constitution of Nepal.

(3) If the offence referred to in sub-section (1) is committed, the Judicial Committee may fine the head teacher concerned as follows:

(a)        Up to five thousand rupees for the person who commits the offence referred to in clauses (a) and (c),

(b)        Up to three thousand rupees for the person who commits the offence referred to in clauses (b) and (d),

(c)        The amount equal to the claimed amount or fifty thousand rupees, whichever is the lesser for the person who commits the offence referred to in clause (e).

(4) If any amount has been recovered contrary to Section 27, such amount shall also be returned to the person concerned.

(5) Appeal may be made to the District Court concerned against a decision made by the Judicial Committee pursuant to sub-section (3) or (4).