Technical Education and Vocational Training Council Act, 2045 (1988)

[vc_custom_heading text=”Technical Education And Vocational Training Council Act, 2045 (1988)” use_theme_fonts=”yes” el_id=”technical_education_and_vocational_training_council_act,_2045_(1988)”][vc_column_text]

Technical Education and Vocational Training Council  Act, 2045 (1988)
Date of Authentication and Publication
2045.7.28 (13 Nov. 1988)
Amendments :
1. Technical Education and Vocational
Training Council Act, 2049 (1993)
2050.2.27(9 May 1993)
2. Education and Sports Related Some Nepal
Acts (Amendment) Act, 2063 (2006) 1
2063.9.14(8 Jan.2006)
3. Republic Strengthening and Some Nepal
Laws Amendment Act, 2066 (2010) 2
2066.10.7 (21 Jan. 2010)
Act Number 20 of the Year 2045(1988)
An Act Made to Provide for the Establishment and Provision of Technical
Education and Vocational Training
Preamble : Whereas, it is expedient to establish and provide for the Technical
Education and Vocational Training Council in order to manage technical
education and vocational training in a planned manner and to make determination
and accreditation of standards of skills, for the generation of basic and medium
level technical human resources;
Now, therefore, be it enacted by His Majesty King Birendra Bir Bikram
Shah Dev, on the advice and with the consent of the Rastriya Panchayat.[/vc_column_text][vc_custom_heading text=”1. Short Title And Commencement” use_theme_fonts=”yes” el_id=”1._short_title_and_commencement”][vc_column_text]

1. Short title and commencement :
1.1 This Act may be called as the “Technical Education and Vocational Training Council Act, 2045(1989)”.
1.2 This Act shall come into force on such a date as the Government of Nepal may appoint by publishing a Notification in the Nepal Gazette.[/vc_column_text][vc_custom_heading text=”2. Definitions” use_theme_fonts=”yes” el_id=”2._definitions”][vc_column_text]

2. Definitions :
2.1 Unless the subject or the context otherwise requires, in this Act:
2.1.1 4 “Assembly” means the Technical Education and Vocational
Training Assembly formed pursuant to Section 2A.
2.1.2 5 “Council” means the Technical Education and Vocational
Training Council established under Section 3.
2.1.3 “Prescribed” or “as prescribed” means prescribed or as
prescribed in the Rules or Bye-laws framed under this Act.[/vc_column_text][vc_custom_heading text=”2a.â  Formation Of Technical Education And Vocational Trainingâ assembly” use_theme_fonts=”yes” el_id=”2a.â _formation_of_technical_education_and_vocational_trainingâ assembly”][vc_column_text]

2A.  Formation of Technical Education and Vocational Training Assembly :
2A.1 The Technical Education and Vocational Training Assembly shall be
formed as follows:
2A.1.1 7 Minister or Minister of State for -Chairperson
3 Appointed to commence on 12 Falgun 2045(23 Feb. 1989) (Nepal Gazette of 2045.11.9 (20 Feb.
1989).   Education and Sports
2A.1.2 ………….. 8
2A.1.3 Member, National Planning
Commission (responsible for human
resources) -Member
2A.1.4 Member, Public Service Commission -Member
2A.1.5 Secretary, Ministry of Education and
Sports -Member
2A.1.6 Secretary, Ministry of Industries -Member
2A.1.7 Secretary, Ministry of Labour -Member
2A.1.8 Secretary, Ministry of Tourism and
Civil Aviation -Member
2A.1.8a. 9 Vice-chairperson, Technical
Education and Vocational Training
Council -Member
2A.1.9 …………….. 10
2A.1.10 Rector, Tribhuvan University -Member
2A.1.11 Chairperson, Federation of Nepal
Chamber of Commerce and
Industries -Member
2A.1.12 Five persons nominated by the
chairperson from amongst the
technical deans of universalities
-Member
2A.1.13 Three persons nominated by the
chairperson from amongst the
persons who have rendered special
contribution to technical education
and vocational training
– Member
2A.1.14 Three persons nominated by the
chairperson from amongst the
persons of industrial enterprises
-Member
2A.1.15 Representative,….. 11 Nepal Academy
of Science and Technology
-Member
2A.1.15a …………… 12
2A.1.15b …………… 13
2A.1.15c …………… 14
2A.1.15d …………… 15
2A.1.15e …………… 16
2A.1.16 17 A person designated by the
Government of Nepal from amongst
the employees of the Council
-Member secretary
2A.2 The tenure of office of the nominated members of the Assembly
shall be Four years, and upon the expiration of their term, they may
be re-nominated.
2A.3 The procedures of meeting of the Assembly shall be as determined
by the Assembly itself.[/vc_column_text][vc_custom_heading text=”3.â  Establishment Of Council” use_theme_fonts=”yes” el_id=”3.â _establishment_of_council”][vc_column_text]

3.  Establishment of Council:
3.1 A Technical Education and Vocational Training Council is, hereby, established to well manage and standardize the technical education and vocational training, maintain coordination between various
bodies providing such training and determine standards of skills and certify the same.
3.2 The formation of the Technical Education and Vocational Training
Council shall be as follows:
3.2.1 Minister or Minister of State for Education and Sports -Chairperson
3.2.2 A person nominated by the Government of Nepal -Vice chairperson
3.2.3 Member, National Planning Commission (Member responsible for human
resources) -Member
3.2.4 Secretary, Ministry of Education and Sports -Member
3.2.5 Two persons nominated by the chairperson from amongst the persons
who have rendered special contribution to the field of technical education and
vocational training -Member
3.2.6 Two persons nominated by the.  chairperson from various organizations
related with technical education and vocational training -Member
3.2.7 A person designated by the Government of Nepal from amongst the employees of
the Council – Member secretary
3.3 If the Government of Nepal considers necessary, it may, by a Notification in the Nepal Gazette, make necessary addition or deletion or alteration in the members of the Council.
3.4 If the Council considers necessary, it may invite any native or foreign expert or adviser to attend its meeting as an observer.
3.5 The functions, duties and powers of the chairperson and members of the Council shall be as prescribed.
3.6 The tenure of office of the nominated members of the Council shall be Four years, and upon the expiration of their term, they may be re- nominated.
3.6A. 19 The functions, duties and powers and conditions of service of the vice-chairperson of the Council shall be as prescribed.
3.7 ……………[/vc_column_text][vc_custom_heading text=”4. Council To Be Autonomous Body” use_theme_fonts=”yes” el_id=”4._council_to_be_autonomous_body”][vc_column_text]

4. Council to be autonomous body :
4.1 The Council established pursuant to Section 3 shall be an autonomous body corporate with perpetual succession.
4.2 The Council shall have a separate seal of its own.
4.3 The Council may, like an individual, acquire, use, sell and dispose of, or otherwise deal with, any movable and immovable property.
4.4 The Council may, like an individual, sue by its name and be also sued by the same name.[/vc_column_text][vc_custom_heading text=”5. Meeting And Decision Of The Council” use_theme_fonts=”yes” el_id=”5._meeting_and_decision_of_the_council”][vc_column_text]

5. Meeting and decision of the Council :
5.1 The meeting of Council shall be held at such place, time and date as may be specified by the chairperson.
5.2 The presence of fifty percent members of the total number of members of the Council shall be deemed to constitute a quorum for a meeting of the Council.
5.3 The meeting of the Council shall be presided over by the chairperson and by the vice-chairperson in the absence of the chairperson, and by the person selected by the members present at the meeting from
amongst themselves, in the absence of both the chairperson and the vice-chairperson 21 .
5.4 A majority opinion shall prevail at the meeting of the Council; and in the event of a tie, the chairperson shall exercise the casting vote.
5.5 The decisions of the Council shall be authenticated by the member secretary.
5.6 Other procedures relating to the meeting of the Council shall be as determined by the Council itself[/vc_column_text][vc_custom_heading text=”5a. Functions, Duties And Powers Of The Assembly” use_theme_fonts=”yes” el_id=”5a._functions,_duties_and_powers_of_the_assembly”][vc_column_text]

5A. Functions, duties and powers of the Assembly : The functions, duties
and powers of the Assembly shall be as follows:
5A.1 To give guidance to the Technical Education and Vocational
Training Council.
5A.2 To determine the policies of the Council and provide for or cause to
be provided for the effective implementation of the policies.
5A.3 To evaluate, or cause to be evaluated, whether the development and
expansion of the technical education and vocational training have
taken place timely.
5A.4 To approve the annual budget and programme of the Council.
5A.5 To get long-term plans prepared and make and make necessary
provisions for the implementation of such plans.
5A.6 To form, or cause to be formed, committees, sub-committees or
study and research teams as required.
5A.7 To give necessary direction to any body or authority under the
Council.
5A.8 To perform, or cause to be performed, such other functions as
specified in this Act or the Rules framed under this
Act.[/vc_column_text][vc_custom_heading text=”6. Functions, Duties And Powers Of Council ” use_theme_fonts=”yes” el_id=”6._functions,_duties_and_powers_of_council_”][vc_column_text]

6.Functions, duties and powers of Council : The functions, duties and
powers of the Council shall be as follows:
6.1 To provide for various teaching, training and research and arrange
for the same, as prescribed for the development of the technical
education and vocational training.
6.2 To give approval for the teaching or operation of the technical
education and vocational training to be established or operated at the
private and non-governmental sectors and provides for facilities and
assistance to be provided to them.
6.3 To maintain affiliation with native universities or educational
institutes in relation to the technical education and vocational
training, and focus of standardized education or training.
6.4 To determine policies on the technical education and vocational
training and submit the same to the Assembly for approval.
6.5 To determine the scope and standards of the technical education and
vocational training programmes.
6.6 To conduct basic level skills and trainings and generate medium
level human resources.
6.7 To establish and operate, or cause to be established and operated
polytechnic schools.
6.8 To enforce, or cause to be enforced, curricula and course books of
vocational training to be given by corporate bodies owned by the
Government of Nepal and non-governmental corporate bodies for
skill development, as determined by the Curriculum and Course-
book Determination Committee.
6.9 To make, or cause to be made, coordination between various training
related programmes.
6.10 To conduct, or cause to be conducted, trainings relating to technical
instructors.
6.11 To make necessary provisions relating to apprenticeship training.
6.12 To make necessary arrangements for training centres, training
package and trainers in order to operate short-term or mobile
training programmes in various places within the areas of technical
schools.
6.13 To make provisions, or cause to be made provisions, relating to
classification, examination and certification of skills.
6.14 To set certification criteria of skills and determine the standards of
skills.
6.15 To harmonize curricula of in-service and pre-service, technical and
vocational training curricula being operated by governmental and
non-governmental bodies, and determine standards of and give
recognition to such trainings at the central level.
6.16 To perform, or cause to be performed, necessary functions for the
generation of basic, medium level and higher level technical human
resources.
6.17 To implement, or cause to be implemented, programmes passed by
the Assembly.
6.18 To bring about assistance from national and international sectors and
mobilize, or cause to be mobilized, assistance received, in a well-
planned manner.
6.19 To give necessary advice to the Government of Nepal for the
technical education and vocational training.
6.20 To make agreements or contracts with native, foreign or
international organization, by obtaining prior approval of the
Government of Nepal.
6.21 To submit annul budget, progress reports, audit reports and other
reports of the Council to the Assembly for approval or endorsement
or information.
6.22 To perform, or cause to be performed such other functions as may be
required for the accomplishment of the objects of this act.[/vc_column_text][vc_custom_heading text=”6a. Recognition Of Certificate ” use_theme_fonts=”yes” el_id=”6a.__recognition_of_certificate_”][vc_column_text]

6A.Recognition of certificate : The certificate granted by the Council to any student who, having passed school level certificate level examination from an educational institute affiliated with the Council, has studied for at least
Two years shall be equivalent to the proficiency certificate level of a university or other educational institute[/vc_column_text][vc_custom_heading text=”7. Powers To Form Committees, Sub-committees Or Task Forces” use_theme_fonts=”yes” el_id=”7._powers_to_form_committees,_sub-committees_or_task_forces”][vc_column_text]

7. Powers to form committees, sub-committees or task forces :
7.1 The Council may, as per necessity, form various committees, sub-
committees and task forces for the smooth operation of its activities.
7.2 The functions, duties, powers and procedures of meetings of the
committees, sub-committees or task forces shall be as prescribed.[/vc_column_text][vc_custom_heading text=”8. Power To Bring About Financial Resources” use_theme_fonts=”yes” el_id=”8._power_to_bring_about_financial_resources”][vc_column_text]

8. Power to bring about financial resources : The Council may, by obtaining prior approval of the Government of Nepal, borrow loans, obtain grants or bring about financial resources in any other manner to meet the
amounts required for the smooth operation of its activities.[/vc_column_text][vc_custom_heading text=”8a. ââ€â¦ã¢â€â¦ã¢â€â¦..” use_theme_fonts=”yes” el_id=”8a._ã¢â€â¦ã¢â€â¦ã¢â€â¦..”][vc_column_text]

8A. ………..[/vc_column_text][vc_custom_heading text=”9.â  Provisions Relating To Employees” use_theme_fonts=”yes” el_id=”9.â _provisions_relating_to_employees”][vc_column_text]

9.  Provisions relating to employees :
9.1 The Council may appoint employees as required.
9.2 The provisions relating to remuneration, terms and conditions of service and facilities of the employees of the Council shall be as prescribed.[/vc_column_text][vc_custom_heading text=”10. Fund Of Council” use_theme_fonts=”yes” el_id=”10._fund_of_council”][vc_column_text]

10. Fund of Council :
10.1 The Council shall have a separate fund of its own, and the fund shall
consist of the following amounts:
10.1.1 Grants received from the Government of Nepal,
10.1.2 Amounts received from any international or foreign
organization through the Government of Nepal,
10.1.3 Amounts earned from the movable and immovable properties
of the Council,
10.1.4Any other amount received by the Council.
10.2 All amounts paid to the fund of the Council shall be credited to an
account to be opened with the Nepal Rastra Bank or any commercial
bank in the name of the Council.
10.3 All the expenditures to be made on behalf of the Council shall be
chargeable on the fund as referred to in Sub-section 10.1.
10.4 The operation of the account of the Council shall be as prescribed[/vc_column_text][vc_custom_heading text=”11. Accounts And Audit Of The Council” use_theme_fonts=”yes” el_id=”11._accounts_and_audit_of_the_council”][vc_column_text]

11. Accounts and audit of the Council :
11.1 The accounts of the Council shall be maintained in the prevailing form and method of the Government of Nepal.
11.2 The audit of the Council shall be performed by the Office of the Auditor General.
11.3 The Government of Nepal may, if it so desires, inspect, or cause to be inspected, the accounts of the fund and other cash and in-kind of the Council at any time.[/vc_column_text][vc_custom_heading text=”12. Delegation Of Powers” use_theme_fonts=”yes” el_id=”12._delegation_of_powers”][vc_column_text]

12. Delegation of powers : The Council may, as required, delegate any or all of the powers conferred to it under this Act to any committee, sub- committee, task force ………… 27 or office employee of the Council.[/vc_column_text][vc_custom_heading text=”13. Power Of The Government Of Nepal To Give Direction” use_theme_fonts=”yes” el_id=”13._power_of_the_government_of_nepal_to_give_direction”][vc_column_text]

13. Power of the Government of Nepal to give direction : The Government of Nepal may give necessary direction to the Council in relation to the fixation and certification of standards of the technical education and vocational training and skill[/vc_column_text][vc_custom_heading text=”14. Liaison With The Government Of Nepal” use_theme_fonts=”yes” el_id=”14._liaison_with_the_government_of_nepal”][vc_column_text]

14. Liaison with the Government of Nepal : In making contact with the Government of Nepal, the Council shall do so through the Ministry of Education and Sports[/vc_column_text][vc_custom_heading text=”15. Powers To Frame Rules” use_theme_fonts=”yes” el_id=”15._powers_to_frame_rules”][vc_column_text]

15. Powers to frame Rules : The Government of Nepal may frame necessary Rules for the implementation of the objectives of this Act.[/vc_column_text][vc_custom_heading text=”16. Powers To Frame Bye-laws” use_theme_fonts=”yes” el_id=”16._powers_to_frame_bye-laws”][vc_column_text]

16. Powers to frame bye-laws : The Council may, subject to this Act and the  Rules framed under this Act, frame necessary Bye-laws for the operation of its activities.
28 The Bye-laws so framed shall come into force only upon being approved by the Government of Nepal.[/vc_column_text][vc_custom_heading text=”17. Repeal And Saving” use_theme_fonts=”yes” el_id=”17._repeal_and_saving”][vc_column_text]

17. Repeal and Saving :
17.1 The Technical and Vocational Education Board (Formation) Order, 2039 (…) is, hereby, repealed, and all rights and liabilities of the Board formed pursuant to that Order shall devolve on the Council.
17.2 All acts done and actions and taken under Technical and Vocational Education Board (Formation) Order, 2039 (…) shall be deemed to have been done and taken by the Council.[/vc_column_text][vc_column_text]

(Source: Nepal Law Commission)

Disclaimer: NepalArchives.Com has published Technical Education and Vocational Training Council Act, 2045 (1988) for the purpose of reference and information only, which were obtained from Nepal Government sources. If you found any discrepancies or misinformation with the content in this webpage, please kindly let us know and also refer to authorized sources of Nepal Government to get certified version of Technical Education and Vocational Training Council Act, 2045 (1988). NepalArchives.Com taken no guaranty of authenticity or existing validity of the contents in this webpage.

[/vc_column_text]