The government has amended the Education Act 2028 through the Ordinance to Amend Certain Nepal Acts. The amendment introduces several changes in the structure, terminology, and administrative arrangements of the education sector.
Under the amendment, the word “school” used in the preamble of the Act has been replaced with “schools and educational institutions.” This expands the scope of the law beyond schools alone to cover broader educational institutions.
A new definition of “educational program” has also been added under Section 2. Educational consultancy services, programs affiliated with foreign universities, and foreign educational courses are now included within the scope of education.
The amendment has also altered several educational administrative structures. Provisions related to the tenure and dismissal of the Chairperson and nominated members of the National Examination Board have been removed.
Similarly, the provision ensuring representation of the Nepal Professors’ Association and the Nepal Teachers’ Federation in the National Education Council has been scrapped. The provision that included the Chairperson of the Nepal Teachers’ Federation as a member of the District Education Committee has also been removed.
Significant changes have also been made to the Teachers Service Commission. Provisions related to the tenure and reappointment of commission members, as well as the right of members to present clarification before removal from office, have been made inactive.
The amendment has further removed the provision allowing school management committees to nominate members from among founders, local intellectuals, educationists, and financial contributors.
Which Provisions Have Been Removed?
The government has granted itself additional authority to regulate foreign educational programs and courses. A new subsection has been added to Section 19, authorizing the government to formulate rules regarding the operation of foreign educational programs and courses.
Previously, preparations were underway to introduce a new School Education Act, but the bill became inactive after the dissolution of Parliament. Since then, the government has continued operating the education sector through repeated amendments to the existing Education Act 2028.
The government has removed Sub-sections (4) and (5) of Section 4(a), and (i) and (j) under Sub-section (2) of Section 7(a). These provisions were related to the formation and authority of school management committees, school operation, and the implementation of government policies and laws.
The removed Sub-section (4) had granted school management committees and local governments the authority to operate, manage, control, and direct schools. The law had also defined the responsibilities and authority required for effective school management.
Likewise, the removed Sub-section (5) had stated that school management, operation, and arrangements related to teachers and staff would be governed according to rules or directives issued by the government.
Former Government Secretary and education expert Dr. Mahashram Sharma said the amendment has helped remove confusion in the education sector.
According to Dr. Sharma, several provisions had created overlapping authority between school management committees and local governments, making reform efforts difficult. He said the amendment has now cleared obstacles and enabled the government to work more effectively in school education.
Local governments had already introduced the Local Government Operation Act 2074 before the introduction of a new education law. According to Sharma, some provisions of that law conflicted with the Education Act. He added that replacing the term “school education” with “educational institutions or schools” has broadened the scope of the education sector.
The amendment has also removed (i) and (j) under Sub-section (2) of Section 7(a). These sections had outlined the role of school management committees in maintaining discipline, fostering coordination among teachers, staff, and students, and preparing and implementing school development plans.
Similarly, the government has removed (i) of Sub-section (2) of Section 11, Sub-section (4) of Section 11(b), and Sub-section (2) of Section 11(d). These provisions were related to the conduct, discipline, and responsibilities of teachers and staff, as well as the shared authority of the Teachers Service Commission and local governments in teacher management decisions.
Dr. Sharma said these provisions had created confusion because teacher appointment, transfer, posting, and disciplinary actions fell under the authority of both the commission and local governments. According to him, removing these clauses has clarified authority regarding teacher management.
The government has also removed (c) under Sub-section (1) of Section 12, which previously required schools to meet minimum infrastructure standards such as land, buildings, and classrooms, before being allowed to operate.
In addition, a new sub-subsection (v1) has been inserted under Section 19(2), introducing provisions related to the operation of foreign educational programs and teaching courses. Institutions operating against the law or regulations may now face fines, legal action, or even cancellation of operating permission.
